Sri S.K.Sahoo, President.
This is a petition filed by the complainant U/s. 35 of Consumer Protection Act, 2019.
2. The case of the complainant is that she is residing Angul Town of Angul District . The opp.parties are running a Co-operative Society in the jurisdiction of Angul District along with other places to earn profit. Being influenced by the opp.parties and their agent in the month of March, April & June,2020 s he has deposited an amount of Rs. 10,000.00 , Rs. 10,000.00 and Rs. 15,000.00 by opening accounts No. 12534204327, 12534206056 & 12534208657 under “SAHARA E.SHINE” for 96 months and account No.12537201016 for 18months under “SAHARA SPECIAL SCHEME”. The aforesaid deposits were made by the complainant to earn his livelihood. The certificate No. 351003516259, 351002873901, 351004115565 & 787001436870 were issued to the complainant by the opp.parties .The complainant is to get interest on the maturity amount on those deposits after those accounts were matured on different dates of the year 2020. After the maturity the complainant approached the opp.parties for payment of the matured amount but they failed to comply the request of the complainant. Due to inaction of the opp.parties the complainant sustained loss, damage , harassment and mental agony. Hence this case.
3. Notices were issued to all the opp.parties through Regd.post with A.D on 19.08.2020. Op No.2 has been deleted. Inspite of such notice the opp.parties did not file their show cause . However, only on 12.01.2023 the Learned Counsel Sri D.K.Pani & others filed V.nama with a petition on behalf of opp.party No.1, challenging the maintainability of the present proceeding.
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 she 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 ChembethilVrs. Managing Director, Koothattukulam Farmers Services Co-operative Bank.
On the other hand the learned counsel for the complainant relied on the following decisions :-
- Ram KanwarVrs. Sahara India PariwarPvt 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.
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 she is a member of the society of the opp.parties she has invested certain amounts to earn the maturity amount on her 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 complainant 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. All the issues are taken up together for disposal of the complaint filed by the complainant. The complainant in her complaint petition supported with affidavit alleged that he has deposited an amount of Rs.10,000.00, Rs.10,000.00, Rs.15,000.00 & Rs.15,483.00. Admittedly the opp.parties have granted certificates No. 351003516259, 351002873901, 351004115565 & 787001436870 in favour of the complainant. The complainant has filed the photo copies of those accounts which shows that the amount deposited by her, date of deposits, date of maturity and the amount matured. From the materials on record it is clear that the complainant has deposited the aforesaid amount with the opp.parties to earn his livelihood. It is also clear that the certificates were issued by the opp.parties and after maturity the opp.parties failed to pay the matured amount on the date of maturity. The complainant is entitled for the matured amount along with interest from the date of maturity on each accounts. The complainant also sustained mental agony and forced to file this complaint by engaging advocate, for which she should be compensated..
7. Hence ordered :-
: O R D E R :
The case be and the same is allowed in part on contest against opp.party No.1 and exparte against opp.party No.2,3 & 4. The opp.parties are jointly and severally liable for the claim of the complainant. The opp.parties are directed to pay Rs.26.120.00 (Rupees Twenty-Six Thousand One Hundred Twenty) only along with interest @12% per annum from 15.03.2020, Rs.26.120.00 (Rupees Twenty-Six Thousand One Hundred Twenty) only along with interest @12% per annum from 10.04.2020, Rs.39,180.00 (Rupees Thirty-Nine Thousand One Hundred Eighty ) only along with interest @12% per annum from 09.06.2020 and an amount of Rs.18,131.00 (Rupees Eighteen Thousand One Hundred Thirty-one) only along with interest @12% per annum from 26.09.2019 until payment is made. 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 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.
