Chandigarh

DF-II

CC/337/2022

Ravi Kumar Sharma - Complainant(s)

Versus

Humara India Credit Co-operative Soceity LTd. - Opp.Party(s)

Deepak Aggarwal, Adv

04 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	337 of 2022
Date of Institution	:	13.04.2022
Date of Decision	:	04.08.2023

 

                                               

                                     

Ravi Kumar Sharma s/o Babu Lal Sharma, House No.204/2, Small Flat, Maloya, Chandigarh 160025

 

        ...  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 Ltd., Sahara Parivar, SCO No.541, 2nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

Second Address: Sahara India SCO 1110-1111, Sector 22-B, Chandigarh

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

 

…. Opposite Parties

 

BEFORE: SHRI AMRINDER SINGH SIDHU, PRESIDENT

 SHRI B.M.SHARMA,  MEMBER

 

Present:-         Sh.Deepak Aggarwal, Counsel of the complainant

                             Sh.Ishneet Bhatia, Counsel of the OPs.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1]             By dint of this common order, we propose to dispose off fourteen (12) connected consumer complaints in which common questions of law and fact are involved. The particulars of the case and the details of the deposited amount pleaded by the complainant (s) in the scheme of the OPs is as under:-

1	2	3	4	5	6
Sr.No	C.C. No.	Complainant’s Name	Vs.	Opposite Party(ies)	Amount Deposited in Rs. & Joining Points
	CC/337/2022	Ravi Kumar Sharma	Vs	Humara India Credit Cooperative Society  Ltd. etc.	50,000/-
	CC/619/2021	Harikesh Singh	Vs	Humara India Credit Cooperative Society  Ltd. etc.	50,000/-
	CC/620/2021	Kavinder Singh	Vs	Humara India Credit Cooperative Society  Ltd. etc.	47,077/-
	CC/621/2021	Rabindra Singh	Vs	Humara India Credit Cooperative Society  Ltd. etc.	1,10,160/-
	CC/622/2021	Ajay Kumar	Vs	Humara India Credit Cooperative Society  Ltd. etc.	1,02,000/-
	CC/623/2021	Ajay Kumar	Vs	Humara India Credit Cooperative Society  Ltd. etc.	92,742/-
	CC/624/2021	Surender Yadav	Vs	Humara India Credit Cooperative Society  Ltd. etc.	40,000/-
	CC/625/2021	Surender Yadav	Vs	Humara India Credit Cooperative Society  Ltd. etc.	35,000/-
	CC/626/2021	Surender Yadav	Vs	Humara India Credit Cooperative Society  Ltd. etc.	30,000/-
	CC/627/2021	Usha Devi	Vs	Humara India Credit Cooperative Society  Ltd. etc.	40,000/- & 602 joining points
	CC/628/2021	Usha Devi	Vs	Humara India Credit Cooperative Society  Ltd. etc.	35,000/- & 551 joining points
12.	CC/631/2020	Sunil Choudhary	Vs.	Humara India Credit Cooperative Society  Ltd. etc.	10,000/- & 155 joining points

 

2]             The facts are gathered from C.C.No.337/2022 – Ravi Kumar Sharma vs. Humara India Credit Co-operative Society & Another.

 

3]             The complainant has filed the present complaint pleading that the OP-Company floated various schemes and invited public at large to invest amount therein whereby lucrative incentives and interest were offered.  Being allured by the scheme of the OPs, the complainant invested the amount as stated in the table above under the fixed deposit scheme of the OPs for a period of 64 months (Annexure C-1).  It is pleaded that on the date of maturity, the complainant requested the OPs to release the maturity amount(s) and the complainant was told that the amount was to be directly transferred into the Bank account initially given to the OPs but the same was never done.  It has been pleaded that the complainant visited the office of the OPs number of times for refund of the maturity amount alongwith interest and even served a legal notice (Annexure C-2) in this regard upon the OPs but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint seeking directions to the OPs to refund the maturity amount along with interest, compensation, punitive damages and litigation expenses.

4]             After service of notice upon the OP(s), the OP(s) appeared and filed their written version raising preliminary objections that the complaint is wholly misconceived and vexatious; the complaint is a premature; there is no relationship of consumer and service provider inter se the complainant and the OP(s) and that this Commission has no jurisdiction to entertain the complaint and the same is liable to be referred to the arbitrator as per Clause of the terms and conditions of the scheme.  It has further been pleaded that the relationship between the complainant and the OPs is of Member and Society and therefore, for any dispute between the society and the Member, consumer complaint is not maintainable. It has been 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 the complainant had shared the amount under the scheme of the OPs. It has further been pleaded that the complainant is not entitled to get the deposited amount with interest etc. It has further been pleaded that the rules and regulation of the Society is binding upon the complainant and the member can avail the benefits of the same scheme as per its terms and conditions. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.

 

5]             The ld.Counsel for the OPs has also moved an application for dismissal of the complaint stating therein that the dispute arisen between the society and its members and as such this Commission has got no jurisdiction to entertain this complaint and the complaint is liable to dismissed. It is stated that the OP does not provide any service to its Members and the Members of the society made contribution for the benefit of the objects of society. It is also stated that the complainant never hired any service of the OP Society and that the relation between the complainant and society is that of a Member and Society not of a consumer and service provider. It is also stated that the matter is liable to be referred to the arbitration.

 

6]             The complainant has also filed reply to this application of the OP stating that the complaint is maintainable and the complainant is a member of the society, the complainant was its consumer and the society was a service provider.  It is also stated that the dispute between the Members and their Society can be decided by the Consumer Fora. It is submitted that remedy available under The Consumer Protection Act is an additional remedy and arbitration clause cannot be construed as a mandate to the Consumer Forums. Lastly the complainant has prayed that the application filed by the OP be dismissed.

 

7]             The Complainant filed replication to the written version of the OPs controverting their stand and reiterating his own.

 

8]             Parties led evidence by way of affidavits and documents.

9]             The Counsel for the OPs have moved an application for placing on record some documents i.e. I.A.No.56308/2023 –Application for Directions, with W.P.(C) No.6/2023 (X) dated 20-03-2023 of the Hon’ble Supreme Court of India titled as ‘Pinak Pani Mohanty Vs. Union of India & Ors. (Writ Petitions) (Civil) No(s).191/2022, decided on 29.03.2023.

 

10]           We have heard the learned Counsel for the contesting parties and gone through the record as well as written submissions.

 

11]           The main complaint as well as the application moved by OPs for dismissal of the case, are taken-up together.

 

12]           As per latest development, the Hon’ble Apex Court of India pronounced judgment dated 29-03-2023 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(X).  The Hon’ble Supreme Court observed that the application preferred by Union of India, Ministry of Corporation for appropriate directions to transfer an amount of Rs.5000 Crores out of unutilized amount of Rs.23,937 Crores (lying in Sahara SEBI Refund Account ) to be disbursed  against legitimate dues of the depositors of Sahara Group Cooperative Societies. The Ld.Counsel has stated at Bar that the amount deposited in “Sahara SEBI Refund Account” is lying unutilized and in fact due to large number of continuing complaints against Sahara Group of Cooperatives Societies and the amount lying unutilized is also consisting of the amount of the depositors of Sahara Group of Cooperatives Societies, if Rs.5000 Crores is transferred to the Central Registrar of Cooperative Societies and thereafter the same is disbursed against the legitimate dues of the depositors of the Sahara Group of Cooperatives Societies, it will be just proper and equitable. He has stated at Bar that on the aforesaid amount, there is no charge and/or attachment of any other agency and the present application has been filed for appropriate direction as prayed, after the series of meetings with the different authorities/ departments, which shall be in larger interest of the depositors of the Sahara Group of Cooperatives Societies. Having heard the learned Solicitor General appearing on behalf of Union of India and facts narrated hereinabove and when it is reported that Rs.2253 Crores had been taken out of the Sahara Credit Cooperative Societies Ltd. i.e. one of the four Sahara Group, Multi-State Cooperative Societies and deposited with SEBI in the “Sahara SEBI refund account” and the amount lying in “Sahara SEBI  Refund account” is lying unutilized and the genuine depositors of Sahara group of Cooperative Societies, which otherwise, shall be entitled to get back their money, the prayer sought in the present application seems to be reasonable and which shall be in larger public interest/interest of the genuine depositors of the Sahara Group of Cooperative Societies. Therefore, the present application stands disposed off with the following directions:-

(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, 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

1. 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.

 

13]           The Hon’ble Supreme Court directed that the amount to be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5000 Crores at the earliest but not later than nine months from the date of order. The balance amount thereafter be again transfer to the “Sahara SEBI Refund Account”.

 

14]           The Hon’ble Supreme Court in order to avoid multiplicity of litigation between the Sahara Group of Cooperative Societies and the depositors, in its wisdom, passed above mentioned directions to bring uniformity in the redressal mechanism and in the larger interest of the depositors in order to refund their amount as early as possible but not later than nine months.

 

15]           In view of the above observations and directions of the Hon’ble Supreme Court of India, it is clear that the order and directions of the Supreme Court are binding upon all the Subordinate Courts/Tribunals being the law of the land and therefore, it can be safely concluded that the depositors of the amount should file their claim before the Central Registrar of Cooperative Societies at the earliest so that they may get the benefit as soon as possible. Hence, the complainants are allowed to submit their claim(s) before the Central Registrar of Cooperative Societies, along with all requirements, details of their bank accounts, documents of identification, proof of deposits etc. and OPs should facilitate them to get the refund of their deposited amounts, as per the determination of the Registrar, Central Cooperative Societies under the supervision and monitoring of Hon’ble Mr. Justice R Subhash Reddy, Former judge of Hon’ble Supreme Court of India with the able assistance of Shri Gaurav Aggarwal, learned Advocate appointed as Amicus Curiae in this matter. Accordingly, the present complaint as well as all connected complaints, mentioned above, stands disposed off in above terms.

16]           The pending application (s), if any, stands disposed off accordingly.

              Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

04^th August, 2023                                              Sd/-

 

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M .SHARMA)

MEMBER