Chandigarh

StateCommission

A/223/2023

NITIN SEHGAL - Complainant(s)

Versus

HUMARA INDIA CREDIT COOPERATIVE SOCIETY LIMITED - Opp.Party(s)

SANDEEP BHARDWAJ

17 Nov 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Appeal No.	:	223 of 2023
Date of Institution	:	08.09.2023
Date of Decision	:	17.11.2023

 

Nitin Sehgal S/o Late Surinder Mohan Sehgal R/o House No.2713, Sector     38-C, Chandigarh.

….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 Authorised Signatories/representatives.

2]       Humara India Credit Co-operative Society Limited, Branch Office, SCO No.1110-111, Sector 22-B, Chandigarh through its Authorised Signatories/representatives.

3]       President, Humara India Credit Co-operative Society Limited, Branch Office, SCO No.1110-111, Sector 22-B, Chandigarh.

4]       Vice President, Humara India Credit Co-operative Society Limited, Branch Office, SCO No.1110-111, Sector 22-B, Chandigarh.

5]       Secretary, Humara India Credit Co-operative Society Limited, Branch Office, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

 

 

 

BEFORE:

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. RAJESH  K. ARYA, MEMBER

 

ARGUED BY:      

 

Sh. Sandeep Bhardwaj, Advocate for the appellant.      

Sh. Ishtneet Bhatia, Advocate for the respondents.

 

PER  RAJESH  K. ARYA, MEMBER

 

                   This appeal has been filed by the complainant against order dated 06.06.2023 passed by District Consumer Disputes Redressal Commission-I, U.T., Chandigarh [in short ‘District Commission], vide which, the proceedings in his consumer complaint have been closed with liberty to the complainant (appellant herein) to approach the Central Registrar of Cooperative Societies  (Special Authority) for determination of claim/disbursal of the same.

2]                Briefly stated the facts, as culled from the impugned order are that the appellant on the allurement and assurances of the respondents had invested his hard earned money with the respondents company by depositing a total amount of ₹3,03,632/- having maturity value of ₹6,07,264/-.  After the date of maturity, when the appellant approached the office of the respondents for refund of the matured amount, they did not refund the same. Since the said amount was not transferred by the respondents in favour of appellant despite repeated requests, the said act of the respondents amounted to deficiency in service on their part.  The respondents were requested several times to admit the claim but of no avail. The opposite parties did not turn up despite service of notice, as such, they were proceeded against exparte by the District Commission vide order dated 30.09.2022.

3]                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.

4]                Now in this appeal, the only question, which falls for consideration by this Commission, is as to what course is available to the appellant/complainant, 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 in Writ Petition(c) No.191/2022, wherein the Hon’ble Apex Court, inter-alia, directed 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.”

5]                It may be stated here that similar issue has already been dealt with by this Commission in case titled Devta Devi Vs. Sahara Credit Cooperative Society Limited & anr., Appeal No.117 of 2023 alongwith other connected ten appeals, decided on 27.09.2023, wherein this Commission while disposing of the said appeals observed in Paras 9 to 11 as under:-

“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 and in case, their grievances are not redressed, they would be having liberty to approach the competent Consumer Fora by way of filing fresh complaint(s) and in that eventuality, bar of limitation will not come in their way in approaching the competent Consumer Fora by excluding the time spent during prosecuting the complaint, present appeal(s) and redressal before Central Registrar of Co-operative Societies. 

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. Further, in case, their grievances are not redressed, the appellants/complainants can approach the competent Consumer Fora by way of filing fresh complaint(s) and in that eventuality, bar of limitation will not come in their way in approaching the competent Consumer Fora by excluding the time spent during prosecuting the complaint, present appeal(s) and redressal before Central Registrar of Co-operative Societies.”

6]                In the light of view as held by this Commission in Detva Devi’s case (supra), we dispose of this appeal in the same manner with the direction to the complainant/depositor (appellant herein) to file his claim before the Central Registrar of Co-operative Societies for determination & settlement thereof, as already directed vide the impugned order by the District Commission, at the earliest. Further, in case, his grievances are not redressed, the appellant/complainant can approach the competent Consumer Fora by way of filing fresh complaint and in that eventuality, bar of limitation will not come in his way in approaching the competent Consumer Fora by excluding the time spent during prosecuting the complaint, present appeal and redressal before Central Registrar of Co-operative Societies

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

8]                File be consigned to Record Room after completion.

Pronounced

17.11.2023.

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

 (RAJESH K. ARYA)

MEMBER

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