Sri S.K.Sahoo,President.
This is a petition U/s. 35 of C.P.Act, 2019 which has been filed against the opp. parties for several reliefs.
2. The case of the complainant is that he is residing in Vill.Bazar Chawk under Angul district. The opp. Parties are the financer of a co-operative society which is running its business in several places including its branch office at Angul district. Being influenced by the opp.parties and their agent on 23.01.2017 the complainant had opened Accounts No. 12536902290 and deposited an amount of Rs.10,000.00 under F64 Golden A Double Scheme for a period of 64 months. The deposit is to be matured on 23.05.2022. The complainant has deposited the aforesaid amount for her future life maintenance. The society of the opp. parties issued a fixed deposit certificate bearing No. 465004838739. The society of the opp. parties assured to pay interest on the fixed deposits along with other benefits. In the month of October, 2021 the complainant approached the opp.party No.1 to refund the prematurity amount on the aforesaid deposit but the opp.party No.1 refused to pay any amount before maturity date. Hence the present complaint.
3. Notices were issued to the opp. Parties through Regd. Post with A.D on 04.01.2022 . From the A.D available in the case record it appears that notice has been duly served on opp. party No.2. As the notice was sent to opp. party No.1 in correct address through Regd. Post with A.D and no A. D is back even after more than one month, it is deemed to be sufficient in view of Section-27 of General Clauses Act.
4. Inspite of such notice to all the opp.parties through Regd. Post with A.D and receipts of the same they did not appear before this authority nor written statement was filed. Only on 12.10.2022 opp.party No.1 appeared through his advocate and challenged the maintainability of the present proceeding before this Commission. By order dtd.10.08.2022 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.
5. 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 judgement 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 judgement 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 judgement 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.
6. Perused the judgements 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 Hon’ble 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.
7. The complaint petition filed by the complainant is supported with affidavit. From the complaint petition it is clear that on 23.01.2021 the complainant has deposited an amount of Rs.10,000.00 with the society of the opp. parties and accordingly certificates No. 465004838739 was issued in his favour. The photo copy of certificate is filed by the complainant. On perusal of the photo copy of the certificate it is clear that the maturity date was 23.05.2022. The maturity amount in the aforesaid certificate is Rs.20,000.00 , which the complainant is entitled to get along with other benefits i.e with interest @ 7 % p.a there on from the date of maturity till actual payment is made. He is also entitled for compensation and litigation cost.
8. Hence ordered :-
: O R D E R :
The case be and same is allowed in part, exparte against the opp.parties .The opp. parties are directed to pay the maturity amounts along with interests @7 % p.a. thereon from the date of maturity i.e on 23.05.2022 till it is actually paid to the complainant. The opp.parties are further directed to pay an amount of Rs.15,000.00 (Rupees Fifteen Thousand) only as compensation and Rs.5,000.00 (Rupees Five Thousand) only towards cost of litigation to the complainant.
The opp.parties are directed to comply the order within one month from the date of receipt of the order, failing which they are liable to pay penal interest @ 12% per annum on the matured amount, compensation and litigation cost from the date of default till payment is made.
