MR. PRABODHA KUMAR DASH, PRESIDENT:-             

                         This C.C.Case No. 37/2022 taken up today for order. This Case is arising out of U/S-35 of C.P.Act, 2019. Complainant grievances that after maturity from dt. 20.10.2020, the Op not paying the maturity value.

Brief Facts:-

                        Complainant being a house wife out of her home saving deposited Rs. 6900/- on Ops account by inducement from Op No.4 deposited on dt. 20.10.2018 for 24 months under Golden Scheme under receipt No. 438002670147 Humara India Credit Co-Operative Society. Membership No. 618498002704, Account No. 18497404717. Maturity date dt. 20.10.2020 & it value Rs. 8,718/-. The  Ops after maturity not paid the value from dt.20.10.20220.Being aggrieved by such unfair trade practice & deficient service & unfair contract in a democratic state suffering in mental agony as a poor house wife leady in absence of any speedy efficacious alternative remedies constrained to file present C.C.Case by spending nearly Rs. 5000/- as litigation.

                      Heard Complainant appeared in person & Ld .Advocate appeared on behalf of Ops perused the materials available on record, scrutinized the bond, receipt of deposit slip & gone through the plaint & prayer made therein.

                      It is seen the deposited amount Rs. 6,950/- in dt. 20.10.2018 for 24 months maturity in dt. 20.10.2022, maturity value Rs. Rs. 8,718/- without paying maturity value the Ops again without consent and without any permission of contract Govt. authorities like RBI,SEBI invested illegally again another 24 months wherein the maturity value is  Rs. 11,818/-. Complainant name reflected in the 2^nd time invested receipt as 438002670147, Membership No. 618498002704 & Account No. 18497404717.

Receipt Remark:-  “On the basis of participation in the activities as per object of the Society & various other factors member can further accumulate maximum upto 118 joining points. Which could be approximately amount to Rs. 11,818/-.upon the various factors at the time of redemption.” Such being the languages of Ops when they invested 2^nd time without paid the 1^st maturity value Rs. 8,718/- after 24 months. All the activities are not as per law of the land either as per Central Govt. or State Govt. in a federal structure country. State Govt. legislated law to check rampant Chit Fund a law, law against public deposit monies. A private body collected huge amount from every family without any law & procedure or even without approval of Center/State authorities. The Ld. Counsel for Ops submitted that the Complainant being a member of Ops Co-Operative Society the same not coming under Jurisdiction of DCDRC.

               The Ops are liable under multi State Co-operative rules & by laws and various  SCDRC, and NC, even Honbl’e Supreme Court not adjudicated the same issues which are not maintainable in present DCDRC. Further, there was a provision for arbitration and the same can be decided by Arbitration Act 1996 and amendment undergone there under. Ld. Counsel further contended that in Honbl’e Supreme Court the case is pending relating to Sahara Vs SEBI and for that reason payment stopped by Ops till finalization. This Commission directed the Ld. Counsel to provide any pending cases or decided mater to be referred for observation but could not able to provide the same, whatever submitted on oral not documentary evidence produced before us Op filed Tripura SCDRC Judgement filed not fully no ordering portion was available. The Ops filed some DCDRC order of  some states which are having no bearing to the present dispute. Further the facts involved in a decided case of Honbl’e NC, Anjana Abrahan Chembathjl vs MD the Koothaltus Service Co-Operative Bank (2013) 4 CPJ 333. Which facts are not applicable to the case in hand neither in part nor in toto. All the case cited in written version of Ops are devoid of merits and not acceptable to this DCDRC. Ops are involved in illegal activities by accepting public money without any approval of RBI, SEBI or any State authority arbitrarily without following rule of laws. The issues decide on Complainant favour after the above foregiving discussion made by this DCDRC.

                                                                   O R D E R

                     It is directed that, the Ops shall pay the Complainant Rs. 11,818/- the maturity value from dt. 20.10.2022 at @18% P.A till its realization failing which the Ops are liable for execution proceeding as per C.P.Act,2019. The above order shall be complied within a period of 45 days from the date of receipt of the order. The C.C.Case is allowed.                         

                      Issue extract of the order to the parties for compliance.            

       Pronounced in the open Commission, on this the 25th day of January,2023.             

                              I, agree

                                 Sd/-                                        Sd/-

                           MEMBER                             PRESIDENT