Orissa

Cuttak

CC/99/2022

Sayed Sahid Ali - Complainant(s)

Versus

Hamara India Credit Cooperative Society Ltd - Opp.Party(s)

B K Choudhury & associates

18 Aug 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.99/2022

 

Sayed Sahid Ali,

S/o: Late Sayed Zulfiquar Ali,

Resident of Khatbin Sahi,

P.O:Buxibazar,Dist:Cuttack.                                   ... Complainant.

 

                                                Vrs.

1.             Humara India Credit Cooperative Society Ltd.,                                                                                                                                       Regd. Office at Mangal Jyoti,101,227/2,                                                                                                                                                  AJC Bose Road,Kolkata,                                                                                                                                                                            West Bengal-700020,Regd. No.MSCS/CR/594/2012.

 

                    2. Branch Manager,

                       M/s Sahara India,

           Choudhury Bazar Branch,

           Chandi Chhak,Cuttack,Pin-753008.                   ... Opp. Parties.

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

               Date of filing:     23.05.2022

Date of Order:     18.08.2023

 

For the complainant:            Mr. B.K.Choudhury,Adv. & Associates.

For the O.Ps.                 :        Mr. M.P.Singh,Advocate.

 

Sri Sibananda Mohanty,Member.                                                

          The case of the complainant in short is that he being an account holder of O.Ps having A/c. No.13526412073 had invested money in a monthly scheme of O.Ps namely “Home Point” on payment of monthly premium @ Rs.6000/- per month for 60 nos. of months till 27.3.2021.  In this process, the complainant had deposited an amount of Rs.3,60,000/- starting from 15.4.2016 till 27.3.2021.  The maturity period was 60 months for the said monthly scheme.     After the maturity date, the complainant in order to get his matured amount from the O.Ps had visited the office  of the O.Ps on many occasions  but the O.Ps did not release his maturity amount.  Hence, the complainant has filed the present case with a prayer for a direction to the O.Ps to settle his maturity amount over the deposited amount of Rs.3,60,000/- alongwith interest @ 18% per annum as well as compensation of Rs.2,00,000/- towards mental agony, harassment, suffering, deficiency of service besides a sum of Rs.15,000/- towards his litigation expenses.

          The complainant has filed some documents alongwith his complaint petition in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps have been set exparte vide order dt.27.12.2022.

3.       The points for determination in this case are as follows:     

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him ?

 

 

Point no.i.

The O.Ps are Co-operative Societies constituted under Multistate Co-operative Society Act,2002 and the complainant is a member of the O.Ps.  Hence, the question arose whether any dispute between the complainant and the O.Ps is maintainable before this Commission as there is provision in the said Multi State Co-operative Society Act,2002 for redressal of grievances of the complainant against the O.Ps.  In this regard, there is a pertinent decision of Hon’ble Supreme Court relating to maintainability of the present case reported in AIR 2004(SC) 448, in the case of the Secretary, Thirumurugan Cooperative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs and others, wherein the Hon’ble Supreme Court has held that even if there is arbitration clause in the Cooperative Societies Act, Consumer Commission has jurisdiction to entertain the complaint case as there is no provision in the said Co-operative Society Act ousting the jurisdiction of Consumer Commission. 

At this juncture, it is relevant to go through the Sec-100 of the C.P.Act,2019.  In Sec-100 of the C.P.Act,2019 in clear and unambiguous terms it is stated that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other Law for the time being in force.

In view of the Sec-100 of the C.P.Act,2019 as well as the decision of the Hon’ble Supreme Court, it is held that the case of the complainant is maintainable before this Commission.

Point No.ii.

The averments as made by the complainant in his complaint petition gains ample corroboration from the documentary evidence filed by him.

Admittedly, the complainant had invested money by opening A/c bearing no. 13526412073 in one of the monthly scheme of the O.Ps namely “Home Point”, on payment of Rs.6000/-per month for 60 nos. of months from 15.4.2016 till 27.3.2021.  The contention of the complainant is supported with xerox copy of pass book of the said account as well as ledger statement as filed by him.

It is not disputed that the complainant had invested money @ Rs.6000/- per month and in total he had invested Rs.3,60,000/- with the O.Ps.  The maturity date of the said monthly scheme though clearly stipulated as 60 months but the O.Ps did not give the complainant the matured amount after the maturity period.  The complainant had approached the O.Ps many times to get his maturity amount but they did not give the matured amount to him, which amounts to deficiency of service by the O.Ps.  In this context, there is a pertinent decision of Hon’ble National Commission reported in 2001(3) CPR, 194(NC) in the case of Smt. Kalawati & others Vrs. M/s. United Vaish Co-operative Thirft & Credit Society Ltd., wherein the Hon’ble National Commission has held that non-refund of fixed deposit after maturity comes under the deficiency in service.  This decision is applicable in the present case.  The complainant had invested money with the O.Ps for earning interest.  The complainant would have earned interest if he would have invested his money in any other private sector or public sector undertaking.  But in the present case the O.Ps did not give the matured amount by which  the complainant was deprived of getting his principal amount as well as interest component.   Hence, the O.Ps have committed deficiency in service as well as had adopted unfair trade practice by not releasing the complainant’s matured amount after its maturity period.  This issue is answered in favour of the complainant. 

Point no. iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the maturity amount in respect of the monthly deposit scheme as claimed by him alongwith other benefits.    Hence, it is so ordered;

                                              ORDER

The case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  Thus, the O.Ps are directed to pay the amount of Rs.3,60,000/- as deposited by the complainant in the monthly scheme of the O.Ps namely “Home Point” having A/c. No. 13526412073 with the admissible benefits to the complainant alongwith interest thereon @  8% per annum from the date of maturity i.e. 15.04.2021 till the final payment is made.  The O.Ps are further directed to pay a sum of Rs.5­­­­­­­­­­­­­­­­­0,000/- towards the compensation for mental agony and harassment as well as a sum of Rs.10,000/- towards the litigation expenses to the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 18^th day of August,2023 under the seal and signature of this Commission.                                                                                                                               

                  Sri Sibananda Mohanty

                                                                                                       Member.

 

 

                                                                                      Sri Debasish Nayak

                                                                                              President.