Sri S.K.Sahoo,President.
This is a complaint U/s. 35 of C.P.Act.,2019.
2. The case of the complainant is that being influenced by the opp.parties and their agent he has opened account No. 12535100484, 12535100485 & 12535100486 for an amount of Rs. 10,000.00,Rs.15,000.00 and another Rs.15,000.00 respectively in the society of the opp.parties under SAHARA. E.SHINE scheme for a period of 96 months. Accordingly certificate No. 351006014172, 351006014173 & 351006014174 were issued in favour of the complainant by the society of the opp.parties. The complainant is entitled to get the matured amount after its maturity .By giving false assurance the deposits were obtained from the complainant by the agent of the opp.parties. Inspite of repeated approach after 11.01.2022 the opp.parties did not disburse the matured amount. In the month of October, 2021 the opp.party No.1 refused to disburse the amount i.e the surrender value of the deposit. The complainant was harassed and suffered from mental agony. He was put to loss by such conduct of the opp.parties. Hence this case.
3. Notice was issued to both opp.parties on 11.11.2021 through Regd. post with A.D . On perusal of the A.D available in the case record it is clear that opp.party No.1 has received the notice on 12.11.2021. The A,D of opp.party No.2 is not available in the case record. However the letter issued to opp.party No.2 and A.D are not back within 30 days . So it is deemed to be served on opp.party No.2 in view of Section-27 of General Clauses Act. Inspite of service of notice the opp.parties did not file their written version. Opp.party No.2 did not appear before this Commission, for which he has been set-exparte. Only on 12.10.2022 the Learned Counsel Sri D.K.Pani & others filed V.nama for opp.party No.1 and filed petition , challenging the maintainability of the present proceeding before this Commission. The said petition was disposed of by order dt. 28.12.2022.
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 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 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 petition it transpires that the complainant has opened account No. 12535100484, 12535100485 & 12535100486 under SAHARA. E.SHINE scheme on 11.01.2014 and deposited an amount of Rs.10,000.00,Rs.15,000.00 Rs. 15,000.00 respectively. It further transpires from the materials on record that certificate No. 351006014172, 351006014173 & 351006014174 were issued to the complainant by the society of the opp.parties which were to be matured on 11.01.2022. The total amount deposited by the complainant is Rs.40,000.00 and the matured amount of all the deposits, in toto is Rs. 1,04,480.00.The complainant has made those deposits with the society of the opp.parties’ who accepted the same in course of their business. It is clear that after it was matured the opp.parties did not pay the matured amount, although the complainant approached them for the same. The contents of the complaint petition is supported by affidavit and photo copies of certificates filed by the complainant in this case. The complainant is entitled to the matured amount i.e Rs. 1,04,480.00 on 11.01.2022. As the said amount has not been disbursed by the opp.parties, the complainant is entitled to get interest on the matured amount from the date of maturity till it is paid to him. Certainly due to non-payment of the matured amount the complainant sustained mental agony and loss. He has been also dragged to the present litigation.
7. Hence the 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. 1,04,480.00 (Rupees One Lakh Four Thousand Four Hundred Eight ) 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. 15,000.00 (Rupees Fifteen Thousand)only as compensation and Rs.5000.00 (Rupees Five 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.
