Sri S.K.Sahoo,President.
This is a complaint U/s. 35 of C.P.Act.,2019.
The case of the complainant is that being influenced by the opp.parties and their agent he has opened account No.12533708521 and deposited an amount of Rs. 10,00.00 on 29.08.2011 .Accordingly certificate No. 351001013081 was issued by the society of the opp.parties in favour of the complainant. The deposit was made by the complainant to earn his livelihood. The complainant is entitled to the matured amount of Rs, 22,64000 but after maturity the opp.parties did not pay the same inspite of repeated approach by the complainant. Due to non-payment of the matured amount in time it caused mental agony and harassment to the complaint. He also sustained loss and damage .Hence the case.
3. Notices were issued to both the opp.parties through Regd.post with A.D on 06.12.2021 . In the said notices the opp.parties were directed to appear before this Commission on 29.12.2021.From the A.D available in the case record it appears that the opp.party No.1 has received the notice. The A.D of opp.party No.2 is not received back by this Commission. The letter which was issued to opp.party No.2 is also not received back by this Commission. In view of Section-27 of General Clauses Act the service of notice on opp.party No.2 is deemed to be sufficient. Inspite of such notices the opp.parties did not file their written version. The opp.party No.2 did not participate in the hearing, for which he is set-exparte. Only on 28.09.2022 the Learned Counsel Sri D.K.Pani and others filed V.nama for opp.party No.1 and also filed a petition, in which they have challenged the maintainability of the present proceeding before this Commission. The parties present were heard and the said petition was disposed of by order dt. 14.12.2022.
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. On perusal of the complaint it is clear that the complainant has deposited Rs. 10,000.00 in account No. 12533708521 on 29.08.2011 with the opp.parties’ society under SAHARA.E.SHINE scheme and certificate bearing No. 351001013081 was issued in his favour. The said deposit is to be matured on 29.08.2019 .It is clear from the evidence available on the case record that inspite of repeated approach by the complainant the opp.parties did not disburse the matured amount to the complainant. The complainant is entitled for the matured amount of Rs. 22,640.00 on 29.08.2019.As the opp.parties did not pay the matured amount after it is matured , they are liable to pay interest to the complainant until it is paid to him . Certainly the complainant sustained pain and mental agony due to non-payment of the matured amount . He has been forced to file this complaint.
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. 22,640.00 (Rupees Twenty-Two Thousand Six Hundred Forty ) 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 complainant.
