DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 88 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
02.07.2019 12.07.2019 17.03.2020
Present : President : Asish Kumar Senapati
Member : Jhunu Prasad
COMPLAINANT : Sri Santu Das, S/o – Lt. Adhir Chandra Das, Indian Inhabitant Residing at Village – Uttarvag, P.O. - Brindakhali, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743387.
Chayyani Majerhat Samabay Krishi Unnayan Samity having its registered office at Village & P.O. – Chayyani, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743376 represented by :
O.P. No.1 : The present President, namely, Rabin Naskar, S/o – Late Kalipada Naskar, Residing at Village & P.O. – Chayyani, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743376.
O.P. No. 2 : The present Secretary, namely , Sudarshan Deasi, S/o – Late Santosg Deasi, Residing at Village – Kalabaru, P.O. – Chayyani, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743376.
O.P. No. 3 : The former President, namely, Sri Madan Chatui, S/o – Late Hridoy Chatui of Chayyani, Baruipur, Pin – 743376.
O.P. No. 4 : The former Manager cum Secretary namely Sri Goutam Chatui, S/o – Madan Chatui, of Chayyani, Baruipur, South 24 Parganas, Pin – 743376 ( Deleted vide order dated 25.10.19).
O.P. No. 5 : The Treasurer cum agent, namely, Sri Kanai Chatui, S/o – Late Narendranath Chatui, All residing at Village & P.O. – Chayyani, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743376.
O.P. No. 6 : Sri Sanjit Naskar, S/o – Late Satish Naskar, Village & P.O. – Brindakhali, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743387.
For the Complainant : Sri Pradip kumar Palit, Advocate
For the O.P. No.1 : Sri Biplab Pal Mondal, Advocate
For the O.P. No.2 : Sri Biplab Ray Mondal, Advocate
For the O.P. No.3 : None
For the O.P. No.4 : None
For the O.P. No.5 : None
For the O.P. No.6 : None
________________________________________________________
JUDGMENT
Sri Asish Kumar Senapati, President.
This is a complaint under section 12 of the C.P. Act, 1986. One Santu Das (herein after referred to as the complainant) has filed the case against Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. represented by its President, Secretary and Treasurer (herein after referred to as the as the O.Ps) praying for compensation amounting Rs. 5,00,000/- and a sum of Rs. 35,000/- alleging deficiency in service.
The gist of the complaint may be stated as follows:
The complainant is a consumer as he deposited Rs. 10,000/- as fixed deposit and Rs. 25,000/- as recurring deposit with the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. On 21.04.2015 the complainant requested the O.P.s to pay the maturity amount with interest of his fixed deposit and recurring deposit for meeting the expanses of treatment of his ailing elder brother and the OP Krishi Unnayan Samity Ltd. issued bearer cheques bearing Nos. 435141 and 435142 dated 30.06.2015 and 01.07.2015 amounting Rs. 10,000/- and Rs. 25,000/- respectively. But, the amount was not encashed due to insufficient fund. The complainant met the office bearers of the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. but his problem has not been solved. The complainant also issued notices to the O.P.s on 12.03.2018 and 25.07.2018 but of no result. The complainant also approached the Assistant Director, Consumer Affairs & Fair Business Practices, South 24 Parganas Regional Office but his grievance has not been resolved. The cause of action arose on and from 21.04.2015. The complainant has prayed for compensation of Rs. 5,00,000/- and for a direction of payment of Rs. 35,000/- as his matured amount and Rs. 20,000/- as litigation cost against the O.P.s. The O.P. Nos. 1 and 2 appeared through their Ld. Advocate and filed written version on 25.10.2019 contending that the case is not maintainable as the complainant is not a consumer and this forum has no jurisdiction to entertain the complaint in terms of section 102 (4) of the West Bengal Cooperative Society Act, 2006. The O.P.s have denied the allegations made out in the complainant. The OPs pray for dismissal of the Complaint.
On perusal of record including the vakalatnama filed by Ld. Advocate, Sri Biplab Pal Mondal, we find that the Ld. Advocate appeared on behalf of the O.P. nos. 1 and 2. It has been noted in the order sheet dated 03.09.2016 that the Ld. Advocate appeared on behalf of O.P. nos. 1 ,2 and 3. Actually the Ld. Advocate appeared on behalf of the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd., Sri Rabin Naskar, President and Sri Sudarshan Desai, Secretary of the said Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. The name of O.P. no. 4 was deleted vide order dated 25.10.2019 and notice upon O.P. nos. 5 and 6 had been served as it appeared from the order dated 25.10.2019 and the case had been proceeded exparte against the O.P. Nos. 5 and 6 as they did not appear in spite of service of notice.
On the basis of the written complaint and the written version, the following points are framed for proper adjudication of the case:
- Is the complainant a consumer?
- Has this forum jurisdiction to entertain the complaint?
- Have the O.Ps. any deficiency in service, as alleged by the complainant?
- Is the complainant entitled to get any relief, as prayed for?
Decisions with reasons
Point no. 1:
The Petition dated 13.12.19 filed by the contesting OPs challenging maintainability of the complaint case is taken up together with Point No.1.
The Ld. Advocate for the complainant submits that the complainant is a consumer as he hired services of the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. for consideration. It is urged that the complainant had a recurring deposit scheme vide account No. 1810/36 and maturity amount was Rs. 25,000/-.
In reply Ld. Advocate for the contesting O.Ps. submits that the complainant is not a consumer and this forum has no jurisdiction to entertain the complaint as the present case is barred by section 102 (4) of the West Bengal Cooperative Societies Act, 2006. He also draws our attention to a decision of the Hon’ble High Court, Calcutta, dated 18.01.2019 passed in WP No. 7186(w) of 2018.
We have gone through the written complaint, the W.V. , the petition dated 13.12.19 and the decision referred by the Ld. Advocate for the contesting OPs.
We have placed our reliance on a decision of the Hon’ble National Commission in KB Magdum VS Baleshivappasasalatti & 2 others dated 22.02.2019 where in it is observed that complaint case against Cooperative Society is maintainable. On a careful consideration from the materials on the record and with due regard to the decision referred by the Ld. Advocate for the OPs and on hearing the submission of both sides we think that the complainant is a consumer and the complaint case is maintainable. The Petition dated 13.12.19 is thus disposed of.
Point no. 2:
The Ld. Advocate for the complainant submits that this forum has pecuniary and territorial jurisdiction to entertain the complaint.
Ld. Advocate for the contesting O.P. submits that the case is not maintainable.
On a careful consideration we think that this forum has both pecuniary and territorial jurisdiction to entertain the complaint.
Point nos. 3 and 4:
Ld. Advocate for the complainant submits that the complainant had a recurring deposit and one fixed deposit with the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. and two A/c payee cheques were issued on 30.06.15 and 01.07.2015 amounting Rs. 10,000/- and Rs. 25,000/- but both the cheques were dishonored due to insufficiency of fund. It is urged that the O.Ps may be directed to pay Rs. 35,000/-. He argues that the complainant is not pressing for any compensation against the O.P.s. He prays for passing appropriate order.
In reply Ld. Advocate for the contesting O.Ps. submits that the complainant had a recurring deposit and maturity amount was Rs. 25,000/- but the complainant had no fixed deposit account . It is urged that the cheque issued in favour of the complainant amounting Rs. 25,000/- was dishonored due to insufficiency of fund. It is submitted that the Cooperative Society is facing financial crisis and the payment of the complainant may be made after financial crisis of the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. is over.
We have gone through the written complaint, written version, evidence and the documents filed by both sides. Admittedly, the complainant had a recurring deposit and the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. issued an A/c Payee cheque amounting Rs. 25,000/- dated 01.07.2015. It appears from the Xerox copy of document filed by the complainant that he paid monthly installment amounting Rs. 1,000/- vide his account No. 1810/36. There is no dispute that Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. issued an A/c Payee cheque amounting Rs. 25,000/- drawn on SBI vide cheque No. 435142 dated 01.07.2015 against the matured amount of fixed deposit. On a careful consideration, we find that the Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. represented by its President, Secretary and Treasurer has deficiency in service as the said amount of Rs. 25,000/- has not been paid to the complainant in spite of repeated requests. On perusal of documents filed by the Complainant, we find that one Bijoy Das deposited an amount for 6 years and maturity value was Rs. 10,000/- as on 21.01.2019 as it appears from Xerox copy on receipt no. 351 dated 20.01.2013. The said Bijoy Das has not given any permission to the complainant to file the case against Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. Therefore, we have no hesitation to hold that the O.P. Chayyani Majerhat Samabay Krishi Unnayan Samity Ltd. represented by its President, Secretary and Treasurer (O.P. nos. 1, 2 and 5) has deficiency in service and the complainant is entitled to get Rs. 25,000/- along with interest @ 7% p.a. with effect from 01.07.2015 till realization. In our considered opinion, the complainant is not entitled to get any relief against the OP Nos3 &.6 as he has no claim against the OP Nos.3 &6
The case was filed on 02.07.2019 and admitted on 12.07.2019. This forum tried its best to dispose of the case as expeditiously as possible in view of Section 13(3A) of the C.P. Act, 1986.
In the result, the case succeeds in part.
Hence,
It is ordered,
That the complaint case be and the same is hereby allowed on contest against the Chayyani Majerhat Samabay Krishi Unnayan Samity represented by the O.P. Nos. 1 and 2 without cost and allowed exparte against the O.P. No. 5 without cost and dismissed exparte against the OP Nos.3&6 without cost.
The O.P. Chayyani Majerhat Samabay Krishi Unnayan Samity represented by O.P. Nos. 1, 2 and 5 be directed to pay Rs. 25,000/- along with interest @ 7% p.a. with effect from 07.01.2015 till realization by 30 days from the date of this order. Chayyani Majerhat Samabay Krishi Unnayan Samity represented by the O.P. Nos. 1, 2 and 5 are jointly and severally liable to comply the final order by 30 days from the date of this order.
Let Copy of Final order be supplied to both parties / their Agents/ Ld. Advocates free of cost as per rules.
The Final order also be made available in: www.confonet.nic.in.
Directed and corrected by me,
President
