Sri S.K.Sahoo,President.
This is a petition Us. 35 of C.P.Act, 2019.
2. The case of the complainant is that he is at present residing at Mahidharpur ,P.S- Banarpal of Angul District and the opp.party No.1 & 3 are running their business on behalf of “Sahara Credit Co-operative Society Ltd”. in several places including Angul district. The case of the complaint is that being influenced by the opp.parties he has opened account No. 12536706205 in the society of the opp.parties on 01.12.2017 for an amount of Rs. 20,000.00 under “F2 Sahara.A.Select” scheme which is to be matured on 01.06.2019 with maturity amount of Rs. 23,260.00 .The said deposit was made by the complainant to earn his livelihood. The said deposit is treated by the opp.parties as fixed deposit which should be paid to the complainant within 15 days from the date of maturity. Inspite of several approach to the opp.party No.1 & others they did not disburse the matured amount to the complainant after it was matured on 01.06.2019. At last the opp.party No.1 refused to disburse the matured amount to the complainant. The opp.parties have adopted unfair trade practice by not paying the matured amount to the complainant after 15 days from the date of maturity. Hence this present complaint for the matured amount along with compensation and other reliefs.
3. Notices were issued to all the opp.parties through Regd. Post with A.D on 23.12.2020. During hearing the complainant prayed to delete the opp.party No.2 and accordingly opp.party No.2 has been deleted from the present proceeding. Opp.party No.1 has received the notice on 24.12.2020 which appears from the A.D available in the case record. The A.D of opp.party No.3 is not back. The notice was sent to opp.party No.3 through Regd. Post with A.D in his proper address , for which the service of notice on opp.party No.3 is held sufficient U/s. 27 of General Clauses Act.
4. Inspite of such notice opp.party No.1 & 3 did not appear to file written statement/show cause. However, on 04.01.2023 learned counsel Sri D.K.Pani, R.P.Pattanaik and others filed V.nama , representing opp.party No.1. In a petition the opp.party No.1 challenged the maintainability of the present proceeding before this Commission which 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 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.
6. 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 an amount of Rs.20,000.00 and certificate was 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.
7. On perusal of the complaint petition and the photo copy of the certificate issued to the complainant by the society of the opp.parties it is clear that the complainant has deposited an amount of Rs. 20,000.00 with the opp.parties on 01.12.2017 for which certificate No. 925007408905 has been issued in favour of the complainant. It is clear from the materials on record that the amount deposited by the complainant is to be matured on 01.06.2019 for an amount of Rs. 23,260.00 . From the complaint petition which is supported with affidavit and the documents filed by the complainant it is clear that inspite of repeated approached of the complainant the opp.parties did not pay the matured amount to the complainant. The above materials are reliable and trust worthy. The opp.parties inspite of notice did not choose to contest the case. Hence the case of the complainant goes unchallenged. Certainly due to non-payment of the maturity amount on 01.06.2019 or thereafter the complainant suffered mental agony and forced to come with present complaint which caused loss to him. The complainant is entitled for the matured amount along with interest, compensation and litigation expenses.
8. Hence ordered :-
: O R D E R :
The case be and same is allowed in part on contest against opp.party No.1 and exparte against the opp.party No.3. The opp.parties ! & 3 are jointly and severally liable for payment to the complainant. The opp.parties are directed to pay Rs. 23,260.00 (Rupees Twenty-Three Thousand Two Hundred Sixty) 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 due to be paid to complainant.
