Chandigarh

StateCommission

A/234/2023

RAJESH KUMAR - Complainant(s)

Versus

HUMARA INDIA CREDIT COOPERATIVE SOCIETY LIMITED THROUGH ITS MANAGING DIRECTOR - Opp.Party(s)

DEEPAK AGGARWAL ADV.

11 Oct 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

[ADDL. BENCH]

 

[1]

 

Appeal No.	:	234 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Rajesh Kumar son of Sh. Pawan Kumar, B-25/2442 Chaudhary Colony, N.K. Sharma Road, Lohgarh, Zirakpur – 140603.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Cooperative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal – 700020, through its Managing Director.

[2]      The Branch Manager, Humara India Credit Cooperative Society Ltd., Sahara Parivar, SCO No. 541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

          Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

….Respondents/Opposite Parties.

[2]

 

Appeal No.	:	235 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Rajesh Kumar son of Sh. Pawan Kumar, B-25/2442 Chaudhary Colony, N.K. Sharma Road, Lohgarh, Zirakpur – 140603.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Cooperative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal – 700020, through its Managing Director.

[2]      The Branch Manager, Humara India Credit Cooperative Society Ltd., Sahara Parivar, SCO No. 541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

          Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

….Respondents/Opposite Parties.

 

[3]

 

 

Appeal No.	:	236 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Rajesh Kumar son of Sh. Pawan Kumar, B-25/2442 Chaudhary Colony, N.K. Sharma Road, Lohgarh, Zirakpur – 140603.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Cooperative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal – 700020, through its Managing Director.

[2]      The Branch Manager, Humara India Credit Cooperative Society Ltd., Sahara Parivar, SCO No. 541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

          Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

….Respondents/Opposite Parties.

 

[4]

 

Appeal No.	:	237 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Rajesh Kumar son of Sh. Pawan Kumar, B-25/2442 Chaudhary Colony, N.K. Sharma Road, Lohgarh, Zirakpur – 140603.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Cooperative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal – 700020, through its Managing Director.

[2]      The Branch Manager, Humara India Credit Cooperative Society Ltd., Sahara Parivar, SCO No. 541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

          Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

….Respondents/Opposite Parties.

 

[5]

 

Appeal No.	:	238 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Nisha Rani wife of Rajesh Kumar, B-25/2442 Chaudhary Colony, N.K. Sharma Road, Lohgarh, Zirakpur – 140603.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Cooperative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata, West Bengal – 700020, through its Managing Director.

[2]      The Branch Manager, Humara India Credit Cooperative Society Ltd., Sahara Parivar, SCO No. 541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

          Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

….Respondents/Opposite Parties.

 

[6]

 

 

Appeal No.	:	239 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Manju Rani wife of Surinder Parkash, St. No.5, Jodh Colony Kacha Udekaran Road, Muktsar, Sri Muktsar Sahib, Punjab – 152026.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

[2]      The Branch Manager, Humara India Credit Co-operative Society Limited, Sahara Parivar, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

[7]

 

 

Appeal No.	:	240 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Manju Rani wife of Surinder Parkash, St. No.5, Jodh Colony Kacha Udekaran Road, Muktsar, Sri Muktsar Sahib, Punjab – 152026.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

[2]      The Branch Manager, Humara India Credit Co-operative Society Limited, Sahara Parivar, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

[8]

 

Appeal No.	:	241 of 2023
Date of Institution	:	20.09.2023
Date of Decision	:	11.10.2023

 

Surinder Parkash son of Ved Parkash, St. No.5, Jodh Colony Kacha Udekaran Road, Muktsar, Sri Muktsar Sahib, Punjab – 152026.

….Appellant/Complainant.

Versus

[1]      Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

[2]      The Branch Manager, Humara India Credit Co-operative Society Limited, Sahara Parivar, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

BEFORE:

MRS. PADMA PANDEY, PRESIDING MEMBER PREETINDER SINGH, MEMBER

 

ARGUED BY:    Sh. Deepak Aggarwal, Advocate for the appellants. 

Sh. Ishtneet Bhatia, Advocate for the respondents.

 

PER  PREETINDER SINGH, MEMBER

 

1]                By this common order, we are disposing of bunch of aforesaid appeals filed by respective complainants (appellants herein) against the orders passed by District Consumer Disputes Redressal Commission-I, U.T., Chandigarh [in short ‘District Commission’], vide which, their complaints have been disposed of in view of judgment dated 29.03.2023 of Hon’ble Supreme Court of India passed in I.A. bearing No.56308 of 2023 in Writ Petition (Civil) No.191 of 2022 titled as ‘Pinak Pani Mohanty Versus Union of India and Others’ with W.P. (C) No.6/2023, by allowing/giving liberty to the appellants/depositors to file their claims before the Central Registrar of Cooperative Societies  and to approach the said Special Authority for determination of claim/disbursal of the same.

 

2]                As common questions of facts and law have emerged in above captioned appeals and the facts thereof are analogous to each other to a great extent, therefore, this Commission would like to take them together and decide with a common order.

 

3]                The details with regard to appeal number, complaint number, Title and date of impugned order are mentioned below in a tabular chart:-

Sr.No.	Appeal No.	Complaint No.	Title	Date of order
01.	A/234/2023	CC/294/2022	Rajesh Kumar Vs. Humara India Credit Coop. Society Ltd. & Anr.	10.05.2023
02.	A/235/2023	CC/295/2022	Rajesh Kumar Vs. Humara India Credit Coop. Society Ltd. & Anr.	10.05.2023
03.	A/236/2023	CC/296/2022	Rajesh Kumar Vs. Humara India Credit Coop. Society Ltd. & Anr.	10.05.2023
04.	A/237/2023	CC/297/2022	Rajesh Kumar Vs. Humara India Credit Coop. Society Ltd. & Anr.	10.05.2023
05.	A/238/2023	CC/331/2022	Nisha Rani Vs. Humara India Credit Coop. Society Ltd. & Anr.	06.06.2023
06.	A/239/2023	CC/265/2023	Manju Rani Vs. Humara India Credit Coop. Society Ltd. & Anr.	04.07.2023
07.	A/240/2023	CC/264/2023	Manju Rani Vs. Humara India Credit Coop. Society Ltd. & Anr.	04.07.2023
08.	A/241/2023	CC/266/2023	Surinder Parkash Vs. Humara India Credit Coop. Society Ltd. & Anr.	04.07.2023

 

4]                To settle the issue, which is common in nature, involved in all eight appeals, we would like to take up the file of Complaint No.294 of 2022 titled ‘Rajesh Kumar Vs. Humara India Credit Cooperative Society Ltd. & Anr.’ filed before District Commission-I, U.T., Chandigarh, which was disposed of by the said District Commission vide order dated 10.05.2023.

 

5]                Briefly stated the facts, as culled from CC/294/2022, are that it was the case of the complainant Sh. Rajesh Kumar (appellant herein) that the company i.e. Humara India Credit Cooperative Society Limited floated various schemes and invited public at large to invest amount in the schemes floated by it whereby lucrative incentives and interest was offered. It was stated that the complainant fell prey to the said assurances and invested the hard-earned money saved over a period of time for his self-livelihood and to secure future of her family including children, in various schemes floated by the opposite parties. It was further stated that when it came to the notice of complainant that the opposite parties had no intention to pay the maturity value, the complainant approached the opposite parties for refund of deposited amount alongwith interest accrued but the opposite parties informed that they would directly transfer the amount into the Bank account of the complainant but the same was never done. It was further stated that when nothing concrete happened in the matter, the complainant engaged the services of the counsel and got issued a legal notice, but to no avail. Hence, the aforesaid Consumer Complaint was filed before the District Commission, alleging deficiency in service and unfair trade practice on the part of Opposite Parties.

 

6]                On the other hand, the plea of the opposite parties (respondents herein), while taking various preliminary objections, pleaded that the complainant after understanding the bylaws and objects of the society had become a member and after becoming a member of the society, he had contributed the amount under their scheme. It was further pleaded that the complainant was not entitled to get the deposited amount with interest etc. and the rules & regulation of the Society were binding upon him, as he could avail the benefits of the same scheme as per the terms & conditions.

 

7]                After hearing the counsel for the parties and going through the record, the District Commission disposed of the complaint, in the manner, as stated above.

 

8]                Now in these appeals, the only question, which falls for consideration by this Commission, is as to what course is available to the appellants/complainants, when there is judgment dated 29.03.2023 of Hon’ble Supreme Court of India passed in I.A. bearing No.56308 of 2023 in Writ Petition (Civil) No.191 of 2022 titled as ‘Pinak Pani Mohanty Versus Union of India and Others’ with W.P. (C) No.6/2023, wherein the Hon’ble Apex Court, inter-alia, directed, inter-alia, as under:-

“(i) Out of the total amount of Rs.24,979.67 Crores lying in the “Sahara-SEBI Refund Account”, Rs. 5000 Crores be transferred to the Central Registrar of Cooperative Societies, who, in turn, shall disburse the same against the legitimate dues of the depositors of the Sahara Group of Cooperative Societies, which shall be paid to the genuine depositors in the most transparent manner and on proper identification and on submitting proof of their deposits and proof of their claims and to be deposited in their respective bank accounts directly.

 

(ii) The disbursement shall be supervised and monitored by Justice R. Subhash Reddy, Former Judge of this Court with the able assistance of Shri Gaurav Agarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R. Subhash Reddy as well as the Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Cooperative Societies. The manner and modalities for making the payment is to be worked out by the Central Registrar of Cooperative Societies in consultation with Justice R. Subhash Reddy, Former Judge of this Court and Shri Gaurav Agarwal, learned Advocate.

 

(iii) xxxxx

(iv) We direct that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5,000 Crores at the earliest, but not later than nine months from today. The balance amount thereafter be again transferred to the “Sahara-SEBI Refund Account.”

 

 

9]                It may be stated here that the Hon’ble Apex Court, in the larger public interest/interest of the genuine depositors and to enable the depositors to get their refund at the earliest, vide the aforesaid order dated 29.03.2023, directed the Central Registrar of Cooperative Societies to work out the manner and modalities for making disbursement of the deposited amount to the consumers under the guidelines of R. Subhash Reddy Former Judge of the Hon’ble Supreme Court and Sh. Gaurav Aggarwal, Advocate and such disbursement shall also be supervised and monitored  by the Amicus Curiae. The Hon’ble Apex Court also directed that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the amount of ₹5,000 Crores at the earliest, but not later than nine months from the date of order i.e. 29.03.2023 and the balance amount thereafter has been ordered to be again transferred to the “Sahara-SEBI Refund Account.

 

10]              In view of peculiar facts and circumstances & developments in the present case and strictly taking note of order dated 29.03.2023 of Hon’ble Apex Court, we are of the concerted view that it would be in the fitness of things, to dispose of these appeals with the directions to the complainants/depositors (appellants herein) to file their respective claims before the Central Registrar of Co-operative Societies for determination & settlement thereof.

 

11]              Accordingly, all these appeals are disposed of with the direction to the complainants/depositors (appellants herein) to file their respective claims before the Central Registrar of Co-operative Societies for determination & settlement thereof, as already directed vide the impugned orders by the District Commission(s), at the earliest.

 

12]              Copy of this order be placed in the connected appeals.

 

13]              Certified copies of this order be sent to the parties free of charge.

 

14]              File be consigned to Record Room after completion.

 

Pronounced

11.10.2023.                                                                                                    Sd/-

[PADMA PANDEY]

PRESIDING MEMBER

Sd/-

 (PREETINDER SINGH)

MEMBER

“Dutt”