Date of filing:- 01/06/2022.                                                                                                                                                                                                             Date of Order:-26/06/2023.                                         

                     DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 15 OF  2022

Sri Ganesh Naik, Son of Late Haladhar Naik, Resident of Remunda, Po. Remunda, Ps. Bheden, District. Bargarh, Odisha.

                                                                                                                        Complainant.

-: V e r s u s :-

(1) SAHARA CREDIT COOPERATIVE SOCIETY LTD, Representned through its General   Manager cum Authorised Officer, At. SAHARA INDIA BHAWAN,1, KAPOORTHALA COMPLEX, ALIGANJ, LUCKNOW 226024.

(2) SAHARA INDIA (Franchise Office) Attabira, Bargarh, Represented through its Manager cum Authorised Officer, At. In front of Weekly Market Attabira, Po/Ps. Attabira, District. Bargarh, Pin. 768027.

                                                                                                                            Opposite Parties.

Counsel for the Parties:-

For the Complainant :-                :- Sri Manas Kumar Bhoi with Associates.

For the Opposite Party No.1:-     :- Sri Mahendra Pratap Singh

For the Opposite Party No.2:-      :- Exparte.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.26/06/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The Case of the Complainant is that the Complainant has opened five number of pass book having Account No. 59047203503, 59047203504, 59047203505, 59047203506, 59047203507 under SAHARA. S. ANOKHA SCHEME with OP No.2 All the said account have been opened on Dt. 01/12/2018 and the maturity date was 01/12/2021. The maturity value of the above said amount is Rs. 7,50,000/-(Rupees seventy lakh fifty thousand). The Complainant has deposited Rs. 3000/-(Rupees three thousand)only for a period of 36 Months for all the  accounts and after the Completion of the maturity period approached the Opposite party No.2 but the Opposite Party No.2 paid a deaf ear, the sent pleader notice to the Opposite Parties neither paid  the maturity amount nor gave any satisfactory reply to the Complainant.

Being harassed, the Complaint sought redressal before this Commission.

2. The Case of the Opposite parties is that the Opposite Parties filed its version and  stated the Opposite Parties is a multistate cooperative society under the multistate cooperative societies Act 2002. That the Complainant is a Member of society and not a Consumer. This Commission has no jurisdiction, there is no deficiency in service on the part of the Opposite Parties and special remedies are available under section 84 of the multi state cooperative society Act 2022. Hence, this Complaint petition is liable to be dismissed against the Opposite Parties.
3. In support of his case learned counsel for the Complainant has tendered in evidence the affidavit of the following documents photo copy :-

1. Passbook having Account numbers under Sahara. S. Anokha Scheme.
2. Pleader notice.
3. Postal receipts.
4. Postal tracking report.

4. On the other hard Opposite Parties have filed photocopies of memo of Judgement for support of their case.
5. Perused the documents and it reveals  that the Complainant had deposited Rs. 5,40,000/-(Rupees five lakh forty thousand)only towards Sahara. S. Anokha Scheme, the data of maturity on the accounts bearing No. 59047203503, 59047203504, 59047203505, 59047203506, 59047203507 was 01/02/2021.

Basing on the pleadings the following issues are framed.

ISSUED

1. Whether the Complainant is a Consumer of the Opposite Party ?
2. Whether the Complaint is not maintainable in view of special provisions under the multistate Co.operative Act, 2022 ?
3. Whether the Opposite Party is deficient in providing service?
4. What relief the Complainant is entitled to get?

Issue No.1.

The Co.operative organization registred under the multi state Co.operative societies Act, 2022 based and the members contribution and the member are having special right, obligations, privileges and duties towards  Co.operative societies  for registration purpose of the  Co.operative societies and to stands up a society Members are required. This is the one side of the  organization. The other side of the organization is that the business activities run by the Co.operatives are the investment made by the Members. The Co.operagives are profit making organization and through the investment earns its profit, do multifarious business and get the entity of the business organization.

Under the veil of membership the Opposite Party is doing banking business and earning profit, as an investor, the Member are investing money and reinvesting the said amount the Opposite Party is giving the maturity value which includes interest and not dividend as a financial institution, the Opposite Party  is taking benefit from the customer, entered into agreements to pay maturity value of Rs. 5,40,000/-(Rupees five lakh forty thousand)only is purely a banking business and the Complainant is a customer and Consumer of the Opposite Party.

The issue is answered accordingly against the Opposite party.

Issue No.2.

            In the Multi state Co.operatives Act 2002 special provision of dispute resolution is provided under section 84 of the Act relating of Constitution, management of business of the society, No where is the Act any provision is there that Consumer can not go beyond the said Act. The Consumer protection Act 2019 is a special beneficial legislation for the welfare of the Consumer.

            And to the protect their interest. In addition to the multi state Co.operatives Act, 2002 the Consumer sort for alternative remedy and there is no bar to sort redressal before this Commission. Accordingly as an alternative mode as no any arbitration has been preferred by the parties this Commission has jurisdiction to entertain the Complaint.

            Issue is answered accordingly.

Issue No.3.

            The Opposite Party agreed to pay Rs. 5,40,000/-/-(Rupees five lakh forty thousand)only towards accounts bearing No. 59047203503, 59047203504, 59047203505, 59047203506, 59047203507  the date of maturity was 01/02/2021 but failed to pay. Hard earning money of the Complainant blocked, not paid in time and the Opposite Party remained silet. The Opposite party harassed the Complainant and compelled to sort redressal before fthe Commission. This amounts to deficiency in service on the part of the Opposite Party.

Issue No.4.

            The Complainant is entitled for the relief claimed.

            Accordingly it is ordered.

O R D E R

The Complaint is allowed on contest. The Opposite Parties are direct to pay the maturity value of fixed deposit Rs. 5,40,000/-/-(Rupees five lakh forty thousand)only along with 7% interest P.A. from the date of maturity i.e. 01/12/2021 within one month of this order to the Complainant failing which the amount will carry 12% P.A. interest till realization.

            Further the Opposite parties are directed to pay compensation of Rs. 20,000/-(Rupees twenty thousand)only towards harassment and mental agony with Rs. 5000/-(Rupees five thousand)only litigation expenses within one month in case of non payment the amount will also carry 12% interest P.A. till realization.

Order pronounced in open court on this 26^th day of  June 2023.

            Supply free copies to the parties.                                    

                                                                                             Typed to my dictation

                                                                                             and corrected by me.                                                                                           

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.26/06/2023                                                                                  Dt.26/06/2023

              P r e s i d e n t                                                                                 M e m b e r (w)