Sri Ashoke Kumar Pal, President.
The case of the complainant in a nutshell is that she made a fixed deposit of Rs. 25,000/-(Rupees twenty five thousand only) being certificate number 319 dated 19.11.2012 and the maturity value of which is Rs. 50,000/-(Rupees fifty thousand only) on 19.11.2019 and another fixed deposit of Rs. 25,000/-(Rupees twenty five thousand only) being certificate number 57 dated 13.01.2014 and the maturity value of which is Rs. 50,000/-(Rupees fifty thousand only) on 13.02.2022. The complainant also made a recurring deposit of Rs. 13,500/-(Rupees thirteen thousand five hundred only) being recurring deposit A/c number 1745/36. By this way the complainant deposited total Rs. 63,500/-(Rupees sixty three thousand five hundred only) in Chayyani Majerhat Samabay Krishin Unnayan Samity Ltd., i.e. the O.P. The complainant by letter dated 12.06.2015 requested the O.P. demanding her deposited amount in the fixed deposit and recurring deposit. She also requested the O.P. to pay back the amount of Rs. 25,000/-(Rupees twenty five thousand only) with interest and the recurring deposit amount of Rs. 13,500/-(Rupees thirteen thousand five hundred only) with interest. But the O.Ps. despite repeated requests failed and neglected to pay back the amount as aforesaid to the complainant and hence this case.
The O.P. Nos. 1, 2 and 3 appeared in this case but ultimately the O.P. Nos. 1 and 2 contested the case by filing W.V. The O.P. No. 3 didn't file any W.V. to contest the case and as such the instant complaint case proceeded ex-parte against the O.P. No. 3 by Order No. 5 dated 21.11.2019.
The O.P. Nos. 1 and 2 in their W.V. challenged the maintainability of the case contending that the petition of complaint is barred by Section-102(4) and Section-145(2) of the West Bengal Cooperative Societies Act, 2006 and the jurisdiction of the authority under the Consumer Protection Act, 2019 has been specifically excluded/ousted by the West Bengal Cooperative Societies Act, 2006. The O.P. Nos. 1 and 2 also denied the other material averments of the petition of complaint and prayed for dismissal of the case with cost.
POINTS OF DECISIONS :
- Is the complainant a consumer?
- Is the instant complaint case maintainable?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get the reliefs as prayed for?
DECISIONS WITH REASONS :
Point Nos. 1 and 2:
Both the points are taken up together for consideration for the sake of convenience and as they are interlinked.
On perusal of the case record along with documents it appears that the complainant had fixed deposit and recurring deposit account with Chayyani Majerhat Samabay Krishin Unnayan Samity Ltd. and she deposited a considerable amount therein. Therefore, the complainant is a consumer as defined in section 2(7) of the Consumer Protection Act, 2019.
It was the argument of the O.P. Nos. 1 and 2 that this Commission has no jurisdiction to entertain the complainant as the present case is barred by Section 102(4) and Section 145(2) of the west Bengal Cooperative Societies Act, 2006. Our attention was also drawn to a decision of the Hon'ble High Court, Calcutta dated 18.01.2019 passed in W.P. No. 7186(W) of 2018.
We have carefully gone through the petition of complaint, W.V. filed by the O.P. Nos. 1 and 2 and the decisions referred by the Ld. Advocate of both the parties.
We have gone through the decision of the Hon'ble National Commission in K B Magdum -VS- Baleshivappasasalatti and 2 Ors. dated 22.09.2019 wherein it was observed that the complaint case against the Cooperative Societies is maintainable. On a careful consideration of the materials on record and having regard to the decisions referred and the submissions made by the Ld. Advocates of both the parties, we are of the firm opinion that the complainant is a consumer and the complaint case is well maintainable.
So, Point Nos. 1 and 2 are thus decided in favour of the complainant and against the O.Ps.
Point Nos. 3 and 4:
Both the points are taken up together for consideration for the sake of convenience and as they are interlinked.
It is evident from the copies of documents available on record that the complainant had fixed deposit of Rs. 25,000/-(Rupees twenty five thousand only) which was matured on 19.11.2018 and the maturity value is Rs. 50,000/-(Rupees fifty thousand only) and another fixed deposit of Rs. 25,000/-(Rupees twenty five thousand only) which has been matured on 13.02.2022 during the pendency of the case and the maturity value is Rs. 50,000/-(Rupees fifty thousand only). The complainant also have a recurring deposit account and she deposited Rs. Rs. 13,500/-(Rupees thirteen thousand five hundred only) in the said recurring account. All the three accounts were with Chayyani Majerhat Samabay Krishin Unnayan Samity Ltd. i.e. the O.Ps. It further appears that the O.Ps. did not pay back any amount to the complainant despite repeated requests and demands. The complainant finding no other alternative filed the present case claiming the maturity amount of the fixed deposit i.e. Rs. 50,000/- + Rs. 50,000/- = Rs. 1,00,000/-(Rupees one lakh only) and amount of Rs. 13,500/-(Rupees thirteen thousand five hundred only) deposited in the recurring account with interest, compensation and litigation cost. Therefore, it is crystal clear from the averments of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice. The complainant failed to get service from the O.Ps. and she was harassed by the O.Ps. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
So, the third and fourth points are also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Court fees paid is correct.
Hence, it is
ORDERED
That the instant case be and the same is allowed on contest against the O.P. Nos. 1 and 2 with cost of Rs. 10,000/-(Rupees ten thousand only) and dismissed ex-parte against the O.P. No. 3 without cost.
The O.P. Nos. 1 and 2 are jointly and severally liable and directed to pay Rs. 1,13,500/-(Rupees one lakh thirteen thousand and five hundred only) only along with simple interest @ 12% p.a. with effect from 02.09.2019 (from the date of filing this case) till the date of final realization within 30 days from the date of passing Final Order.
The O.Ps. are jointly and severally liable and also directed to pay compensation to the tune of Rs. 2,00,000/-(Rupees two lakh only) for mental pain and agony suffered by the complainant within 30 days from the date of passing Final Order.
The O.Ps. are jointly and severally liable and also directed to pay the litigation cost of Rs. 25,000/-( Rupees twenty five thousand only) within 30 days from the date of passing Final Order.
The complainant is at liberty to put the order into execution after the expiry of 30 days in case the orders are not complied with by the O.Ps. within 30 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
