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 he is a permanent resident of Vill.-Patala of Dhenkanal 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 December,2019 & July 2020 he has deposited an amount of Rs.16,000.00 and Rs.6,000.00 by opening accounts No.12533716483 & 12534209986 under “SAHARA E.SHINE” for 96 months. The aforesaid deposits were made by the complainant to earn his livelihood. The certificate No. 351001654031 & 351004115935 were issued to the complainant by the opp.parties. The complainant is to get interest on the maturity amount. 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 16.01.2021. Inspite of such notice the opp.parties did not file their show cause. Basing on the memo of complainant, OP No.2 has been deleted. However, only on 10.01.2023 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 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 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 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 complaint petition is supported with affidavit in which it is alleged that he has deposited an amount of Rs. Rs.16,000.00 and Rs.6,000.00. Admittedly the opp.parties have granted certificates No. 351001654031 & 351004115935 in favour of the complainant. The complainant has filed the photo copies of those accounts which shows that the amount deposited by him , 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 he 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.3. The opp.parties are jointly and severally liable for the claim of the complainant. The opp.parties are directed to pay Rs.41,792.00 (Rupees Forty-One Thousand Seven Hundred Ninety-Two) only along with interest @12% per annum from 30.12.2019 & Rs.15,762 .00 (Rupees Fifteen Thousand Seven Hundred Sixty-Two ) only along with interest @12% per annum from 16.07.2020 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.
