DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No.44 of 2019.
Date of hearing : 10.06.2024.
Date of order : 16.07.2024.
Dated the 16th day of July 2024.
Shri Jitendra Kumar Mohanty, S/o- Dayanidhi Mohanty,
At- Bani Bhawan, Kachery Bazar, P.S:- Bhadrak (T),
Dist:- Bhadrak, Odisha. . . . . . . Complainant. . . . . Complainant.
Vrs.
- The Manager, Humara India Credit Co-Operative
Society Ltd., Sahara India Limited,
Branch Office :- At:- Kar Complex, By-Pass Road,
Dist:- Bhadrak, Pin-756 100.
- The Managing Director, Humara India Credit Co-Operative
Society Ltd., Sahara India Limited,
Regd. Office:- Mangal Jyoti, 101, 227/2, AJC Bose Road,
Kolkata, West Bengal, Pin-700020. . . . . . Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant : In person.
Counsel for the Opp. Parties: Sri Mahendra Pratap Singh, Advocate.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant had purchased a Fix Deposit Certificate from the O.P.No.1 bearing Certificate No.605001131993 by depositing an amount of Rs.39,112/- under the Scheme of Golden VM on dtd.06.02.2016. The amount was deposited for a period of 36 months. Thereafter the same had matured on dtd.06.02.2019 & the maturity value was Rs.60,076/-. After maturity of the above certificate, the complainant approached the O.P.No.1 for withdrawal of his maturity value. But the O.P.1 avoided the complainant saying that there is no fund to release the maturity value & will pay you the same amount in 4 installments later on. The complainant visited the office of the O.Ps time & again, but no fruitful action has been taken by the O.P.1 for releasing of the maturity value of the complainant. Some days before it is very much urgent on the part of the complainant to deposit the school fees of his daughters for which he went to the O.P.1 & approached to release the maturity value as it is very much urgent since he is in a state of stringent financial condition & it is very much essential to get the maturity money on his part for which he has been waiting for a long period. But the O.P.1 avoided him without releasing the money to the complainant for which he has been harassed & put to mental agony. Finding no other alternative, the complainant is constrained to communicate the O.P.1 through letter on dtd.29.06.2019 to release his maturity value, but it is in vain. Due to such act of the O.P.1, the complainant being harassed & put to mental agony sustained irreparable loss which cannot be compensated. So the O.P.1 is deficient to render his service on the complainant. As such the complainant has compelled to filed this case & prayed to direct the O.Ps to pay Rs.93,681/- alongwith maturity value to the complainant. The complainant has filed the documents i.e. (1) Fixed Deposit Certificate (Annex-1) (2) Requesting letter dtd.29.06.2019 (Annex-2) & (3) Postal Receipt (Annex-3).
The O.Ps submit that, the complainant had contacted the office of Sahara Credit Co-Operative Society Ltd. to become member & after understanding the bye-laws and objects of the Society he had obtained membership No. 618466001216 of Society. As such being a member of society he got right to take part in the schemes of society. For the society, the identity & status of the complainant is that of a member, which is definite and absolute, and he cannot claim him to be a consumer of society. Any person who is not a member has no right to take part in the schemes of society. The complainant being a member is himself Share Holder & a part of society, as such he cannot separate himself from society. There is no relation of consumer & service provider between the complainant & the O.P. Sahara Credit Co-Operative Society Ltd. is duly registered society & the complainant is a member of society. Thus relation between the complainant & the O.P. is of member & society. The O.Ps have filed a documents i.e. (1) Xerox copy of order of Hon’ble National Commission, New Delhi in F.A. No.- 756/2011& (2) Order of DCDRF, Bhiwani.
Having heard the rival contentions and after careful consideration of the materials available in the case record, this commission is of the opinion that the moment the OP accepted the deposit from the complainant with the promise of attractive rate of interest that transaction becomes a service for consideration. These O.Ps cannot be absolved from the liability to pay as promised and if they fail that would amount to deficiency in service as per the ratio of the decision in case of Neela Vasant Raje Vrs. Amogh Industries & another. So far as the contention that these O.Ps being a Co-operative Society would also not help these O.Ps for the matter is squarely covered by the judgment of Supreme Court in the Secretary Thirumurugan Co-operative Agricultural Credit Society Vrs M. Lalitha 7 ors,2004(1) CPR 35. The Consumer Protection Act is in addition to and not in derogation to any other provision of law for the time being in force.
This commission is therefore of the opinion that these O.Ps need to pay the maturity amount along with interest and compensation to the complainant for their conspicuous unfair trade practice and deficiency in service.
O R D E R.
In the result, the complaint be & same is allowed. These O.Ps are directed to pay Rs.60,076/- along with simple interest of 6% from 06/02/2019 to the date of this order within 30 days. Apart from that these O.Ps are further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards litigation cost. If these O.Ps fail to comply the order within the specified time, then they are to pay the amount with 6% simple interest till the date they actually pay.
This order is pronounced in the Open Court on this the 16th day of July 2024 under my hand and seal of the Commission.
