Chandigarh

DF-II

CC/1147/2019

Harshita Dhiman - Complainant(s)

Versus

I.D.P. Education India Pvt. Ltd. - Opp.Party(s)

Adv. Gitish Bhardwaj & Munish Jhanji

12 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	759/2021
Date of Institution	:	27.10.2021
Date of Decision	:	21.12.2022

 

                                               

                                                         

Sneh Gupta w/o Rajeev Kumar Gupta, # 1254-P, Sector 4, Panchkula-134112.

          ...  Complainant.

Versus

1. Saharayn Universal Multipurpose Society Ltd., (Registered under Multi State Cooperative Societies Act, 2002, Regd. No.MSCS/CR/935/2014), Regd. Office: 195, Zone 1, In Front of D.B.Mall, M.P. Nagar, Bhopal, Madhya Pardesh-462011.
2. The Branch Manager, Saharayn Universal Multipurpose 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.

…. Opposite Parties.

BEFORE:  

SMT.PRITI MALHOTRA, PRESIDING MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by:-

                   Sh.Deepak Aggarwal, Adv. for the complainant

                   None for the OPs.

 

PER PRITI MALHOTRA, PRESIDING MEMBER

1.           Briefly stated, the particulars of the case and the details of the amount deposited by the complainant in the scheme of the OPs is as under:-

1	2	3	4	5	6	7
Sr. No.	C.C. No.	Complainant’s Name	Certificate No.	Amount Deposited (In Rs.)	Maturity Amount (in Rs.)	Date of Maturity
	759/2021	Sneh Gupta	795000159148	3,40,680/-	6,81,360/-	21.05.2021

2.           Brief facts of the case, as alleged by the complainant, are that the OPs-Company floated various schemes and invited public at large to invest amount therein whereby lucrative incentives and interest was offered.  Being allured by the scheme of the OPs, on 21.01.2016, 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).  After the date of maturity, the complainant requested the OPs to refund 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 further been averred that the complainant visited the office of the OPs number of times for refund of the maturity amount along with 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. 
3.           The OPs contested the consumer complaint, filed their written reply and, inter alia, raised the 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 OPs 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, 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.
4.           The Complainant filed rejoinder to the written reply of the OPs controverting their stand and reiterating his own.
5.           Parties led evidence by way of affidavits and documents.
6.           We have heard the learned counsel for the parties and gone through the record as well as written submissions of the OPs.
7.           The first plea of the OPs is that the instant consumer complaint is not maintainable under provisions of the Consumer Protection Act, 1986 as relation between the complainant and OPs is of member and the Society. However, we do not find any weight in this submission as it is not a pure dispute between members of the cooperative Society regarding its governance. In fact, it is a dispute with regard to deposit of amount under the scheme of the OPs for a particular period and refund of the same along with benefits. As such, the same certainly amounts to rendering of ‘service’ as defined under the Act. There is element of ‘deficiency in service’ as well as ‘unfair trade practice’ due to non-performance of the contract, whereby service of the OPs has been hired by the complainant by depositing the above said amount with them. Besides this, it is well settled law that remedy before the Consumer Forum is in addition to and not in derogation to the provisions of any other law for the time being in force. Here we are also strengthened by the judgment of the Hon'ble Supreme Court of India in "Secretary, Thirumurugan Co-operative Agricultural Credit Society Versus M. Lalitha (Dead) through LRs and others", 2004(1) CLT 456 in which it was held as under:-

“11.   From the statement of objects and reasons and the scheme of 1986 Act, it is apparent that the main objective of the Act is to provide for better protection of the interest of the consumer and for that purpose to provide for better redressal, mechanism through which cheaper, easier, expeditious and effective redressal is made available to consumers. To serve the purpose of the Act, various quasi judicial forums are set up at the district, State and National level with wide range of powers vested in them. These quasi judicial forums, observing the principles of natural justice, are empowered to give relief of a specific nature and to award, wherever 'appropriate, compensation to the consumers and to impose penalities for non-compliance of their orders.

12.    As per Section 3 of the Act, as already stated above, the provisions of the Act shall be in addition to and not in derogation to any other provisions of any other law for the time being in force. Having due regard to the scheme of the Act and purpose sought to be achieved to protect the interest of the consumers, better the provisions are to be interpreted broadly, positively and purposefully in the context of the present case to give meaning to additional/extended jurisdiction, particularly when Section 3 seeks to provide remedy under the Act in addition to other remedies provided under other Acts unless there is clear bar."

8.           Further, the Hon’ble Supreme Court of India in Virender Jain Vs. Alaknanda Co op Group Housing Society Ltd., Civil Appeal No.64 of 2010 and connected matters, decided on 13.04.2013 had also widened the scope of CPA by holding that disputes between members and their Society can be decided by the Consumer Fora. The principle of law laid down in the aforesaid judgments is squarely applicable to the facts of the case in hand. Hence, it is held that the instant consumer complaint is maintainable against the OPs and this Commission has got jurisdiction to entertain and decide the same under the provisions of the Consumer Protection Act.
9.           The next plea taken by the OPs is that the dispute between the parties is liable to be referred to arbitration, as per Clause 84 of the Multi State Co-operative Society Act, 2002. In this respect, it needs to be mentioned that the Larger Bench of the Hon’ble National Commission, vide order dated 13.07.2017, passed in Consumer Complaint No.701 of 2015 titled as Aftab Singh v. EMAAR MGF Land Limited & Anr., held that an Arbitration Clause in the afore-stated kind of Agreements between the Complainants and the Builder cannot circumscribe jurisdiction of a Consumer Fora, notwithstanding the amendments made to Section 8 of the Arbitration Act, 1996. The Civil Appeal No.(s) 23512-23513 of 2017 (M/s EMAAR MGF Land Limited & Anr. Vs. Aftab Singh) filed against the said order of the Hon’ble National Commission has also been dismissed by the Hon’ble Apex Court vide order dated 13.02.2018. Even Review Petition (C) Nos.2629-2630 of 2018 filed against above said order was also dismissed by the Hon’ble Supreme Court vide judgment dated 10.12.2018. Consequently, it is held that existence of Arbitration Clause in the agreement is not a bar to resolve the present dispute by this Commission. Thus, this objection of the opposite parties is also rejected.
10.           From the perusal of certificate/FDR receipt produced on record as Annexure C-1 by the complainant, it is established that the complainant had deposited the aforesaid amount under the scheme of the OPs. However, there is no mention regarding the maturity amount and date as alleged. Admittedly the deposited amount has remained with the OPs and till date they are enjoying benefits of the same to the detriment of the complainant, therefore, the complainant is entitled to refund of the said amount along with interest @ 9% p.a. from the date of its deposit till its realization, as held by Hon’ble Supreme Court in Alok Shanker Pandey Vs. Union of India & Ors., II (2007) CPJ 3 (SC) and the relevant portion is reproduced as under :-

“9.     It may be mentioned that there is misconception about interest.  Interest is not a penalty or punishment at all, but it is the normal accretion on capital.  For example if A had to pay B a certain amount, say 10 years ago, but he offers that amount to him today, then he has pocketed the interest on the principal amount. Had A paid that amount to B 10 years ago, B would have invested that amount somewhere and earned interest thereon, but instead of that A has kept that amount with himself and earned interest on it for this period.  Hence equity demands that A should not only pay back the principal amount but also the interest thereon to B.”

11.       In view of the foregoing discussions, the consumer complaint deserves to succeed against the OPs, and the same is accordingly partly allowed. The OPs are directed to: -
    1. refund the deposited amount of Rs.3,40,680/- to the complainant with interest @ 9% from the date of its deposit i.e. 21.01.2016 till its payment.  
    2. to pay Rs.11,000/- to the complainant(s) as compensation on account of mental agony and physical harassment.
    3. To pay Rs.7,500/- as litigation expenses.  

                    This order be complied with by OPs within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall also carry interest @ 9% per annum from the date of this order till its actual payment besides compliance of other directions.

12.           The pending application (s), if any, stands disposed of accordingly.
13.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

21.12.2022                                                                      

Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

Sd/-

(B.M .SHARMA)

MEMBER