Sri S.K.Sahoo,President.
This petition is filed by the complainant U/s. 35 of C.P.Act, 2019.
2. The case of the complainant is that on 13.07.2018 he has deposited an amount of Rs.13,400.00 in account No. 12537403040 under “GOLDEN 24” scheme of the credit co-operative society of the opp.parties. The amount deposited is to be matured on 13.07.2020 with a maturity amount of Rs.16,809.00 .After the said deposit was matured the complainant approach the opp.parties for payment of the matured amount but the opp.parties did not take any step for payment of the same. Besides the matured amount of Rs. 16,809.00 the complainant is entitled to membership joining point of Rs.23,161.00 .The complainant is entitled to an amount of Rs.39,970.00 on 13.07.2020 which has been not paid. On 10.11.2020 the complainant went to the office of opp.party No.1 with a written application but he did not receive the same and also refused to pay the amount due to the complainant. Hence this case.
3. Notices were sent to both the opp.parties through Regd.post with A.D on 23.03.2021 .The A.D of both the opp.parties are available in the case record. It appears that in the month of march, 2021 both the opp.parties received the notice issued by this Commission. Inspite of receipt such notice both the opp.parties did not appear on the date fixed nor filed show cause. However only on 15.09.2022 the learned counsel for the opp.party No.1 filed V.nama along with a petition in which he has challenged the maintainability of the present proceeding before this Commission. During hearing the complainant and the opp.party No.1 did not adduce evidence. Opp.party No.2 is set -exparte. The petition filed by the complainant is supported with affidavit. By order dtd. 05.01.2023 the petition filed by the Learned Counsel for the opp.party No.1 challenging the maintainability has been heard and disposed of. The point of maintainability of the present proceeding is to be decided along with other issues.
4. It is the specific plea of the opp.party No.1 that the complainant is a member of Sahara Co-operative Society Ltd , as such he is not a consumer as described under C.P.Act, 2019. He has relied on a decision of Hon’ble National Commission, New Delhi passed in Revision Petition No. 4871 of 2012 namely M/S. Anjana Abraham Chembethil Vrs. Managing Director, Koothattukulam Farmers Services Co-operative Bank.
On the other hand the learned counsel for the complainant relied on the following decisions :-
- Ram Kanwar Vrs. Sahara India Pariwar Pvt Ltd., of Hon’ble State Commission ,U.T,Chhandigarh , passed on 28.09.2021.
- The judgment passed on 21.07.2020 by Hon’ble National Commission,New Delhi in Revision Petition No. 4044 of 2014 in Branch Manager, Sahara India Vrs. Raj Kumari Devi .
- The judgment passed by the Hon’ble Supreme Court of India in Civil Appeal No. 64/2010 ,65/2010,66/2010,67/2010 and 68/2010 in the case of Virendra Jain Vrs. Alaknanda Co-operative Group Housing Society Ltd. and others passed on 23.04.2013.
- The judgment passed by Hon’ble Supreme Court of India in Civil Appeal No. 92 of 1998 passed on 11.12.2003 in the case of The Secretary, Thirumurugan Co-operative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs. & Ors.
5. Perused the judgments relied on by both the parties. On perusal of the photo copies of certificates filed by the complainant it is clear that the complainant is a member of the co-operative society of the opp.parties business organization. It is also clear from the evidence on record that the complainant has deposited different amounts and certificates were issued in his favour by the society of the opp.parties. Even though he is a member of the society of the opp.parties he has invested certain amounts to earn the maturity amount on his deposits. From the judgment pronounced by the different Commissions and the Hon’ble Supreme Court relied on by the complainant it is crystal clear that the complaint is a consumer U/s. 2(7) of C.P.Act, 2019. So the plea of the opp.parties that the present complaint petition filed by the complainant is not maintainable is not acceptable at all .So the present complaint filed by the complainant is maintainable before this Commission.
6. It is alleged in the complaint petition that the complainant has deposited an amount of Rs. 13,400.00 in account No. 12537403040 on 13.07.2018 with the office of the opp.parties and a certificate was granted in his favour. The photo copy of the said certificate is filed by the complainant along with complaint petition. The claim of the complainant that he has deposited an amount of Rs.13,400.00 in account No. 12537403040 on 13.07.2018 of the society of the opp.parties under “Golden 24” scheme is supported by the photo copy of the certificate is issued in his favour. So there is no doubt that the complainant has deposited an amount of Rs. 13,4000.00 with the opp.parties. However the plea of the complainant that he is entitled to an amount of Rs.23,161.00 towards membership joining point is not supported with any materials on record. However the complainant is entitled to interest on the matured amount until it is paid to him. The opp.parties have adopted unfair trade practice by not paying the matured amount to the complainant in time . It caused mental agony, harassment and monetary loss to the complainant.
7. Hence ordered :-
: O R D E R :
The case be and same is allowed in part on contest against the opp.party No.1 and exparte against the opp.party No.2. The opp.parties are jointly and severally liable for payment to the complainant. The opp.parties are directed to pay Rs. 16,809.00 (rupees Sixteen Thousand Eight Hundred Nine ) only along with interest @ 12 % p.a from the date of maturity until payment is made. The above opp.parties are also directed to pay an amount of Rs. 5,000.00 (Rupees Five Thousand)only as compensation and Rs.2000.00 (Rupees Two Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.
