Haryana

Panchkula

CC/389/2022

RAHUL SHARMA - Complainant(s)

Versus

M/S HUMARA INDIA CREDIT COOPERATIVE COCIETY LTD - Opp.Party(s)

16 Oct 2023

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

 

Consumer Complaint No	:	389 of 2022
Date of Institution	:	28.12.2022
Date of Decision	:	16.10.2023

 

Rahul Sharma  s/o Late Sh. Sham Lal Sharma, resident of H.No.267, Abheypur, Industrial Area Phase-I, Panchkula(Haryana)                                                                                                                                                                                                                                                                    ….Complainant

Versus

1M/s Humara India Credit Cooperative Society Limited, (through its President/Director/Authorised person), Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal-700020.

        2^nd address:-

        M/s Humara India Credit Cooperative Society Limited, Branch Office: SCO No.1110-1111, Sector-22-B, Chandigarh(UT)-160022.

2.M/s Sahara Credit Cooperative Society Limited, (through its President/Director/Authorised person), Sahara India Bhawan-1, Kapoorthala Complex, Aliganj, Lucknow-226024.

….Opposite Parties

Present:     Sh.Ashutosh Bilves, Advocate for complainant.

OPs No.1 & 2 already proceeded ex parte vide order dated       21.02.2023.

 

                                               

         

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT,  2019.

 

Before:      Sh.Satpal, President.

Dr.Sushma Garg, Member.

Dr.Barhm Parkash Yadav, Member

 

 

(Per Satpal, President)  

 

1.The above mentioned complaint is fixed for arguments.; The learned counsel for the complainant, at this stage, has prayed for its disposal as per the directions issued by the Hon’ble Apex Court in  I.A.No.56308 of 2023 in Writ Petition (C) No.191 of 2022 on 29.03.2023 in case titled as Pinak Pani Mohanty Vs. Union of India and Ors.

 2.Briefly stated, the facts as alleged in the complaint, are that the complainant is a member of the society,(OP No.1), under ‘Home Point-HICCSL’ Scheme(Scheme Code-263018) vide Membership No.623970000020, account no.23976004098 & application no. 485000058825. The above said account of the complainant was opened on 30.09.2015, wherein he had deposited a sum of Rs.1,32,000/- till date. It is stated that earlier the account was in the name of his real brother i.e. Sh. Yogesh S/o Sh. Shyam Lal but, later on, said account was transferred in the name of complainant on 14.03.2020. At the time of account opening, the authorized person of OPs told that as per the scheme mentioned above, the said account would attain maturity on 30.09.2020 and he would be paid Rs.15,254/- for Rs.12,000/- of principal deposited amount; accordingly, the complainant has become entitled to receive Rs.1,67,794/- on 30.09.2020 i.e. the date of maturity. It is alleged that the complainant has been visiting regularly the office of OP No.1 at Chandigarh seeking the release of the maturity amount in his favour but the OP No.1 has been avoiding the release of the maturity amount on one pretext or the other. Due to non payment by the OPs, the complainant has suffered a lot of mental agony and physical harassment and financial loss; hence, the present complaint.

3.Notices were issued to the OPs No.1, & 2 through registered post, which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 & 2; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by this Commission vide its order dated 21.02.2023.

4. To prove the case, the ld. counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-7 in evidence and closed the evidence by making a separate statement.

5.  We have heard the learned counsel for the complainant and gone through the entire record available on the file, minutely and carefully.

6.During the pendency of the present complaint, certain intervening and relevant facts, including the orders of the Hon’ble Supreme Court of India, the Hon’ble High Court of Punjab and Haryana and UT State Consumer Disputes Redressal Commission, UT Chandigarh, have been brought to our notice, which have a material bearing on the cases in hand.

7.It is pertinent to mention here that some consumer complaints, involving similar question of facts and laws, have been decided by the Commission, in favour of the complainants, directing Sahara Group of Co-operative Societies to release the payment of maturity amount in favour of the depositors/complainants with interest and compensation. However, M/s Saharayn Universal Multipurpose Society Limited, which is also a group of Sahara Group of Co-operative Societies, in certain other matters, approached the Hon’ble Punjab and Haryana, High Court by way of filing the CWP No.5008 of 2022 and CWP No.6813 of 2022 disputing the relationship of a consumer and service provider between the depositors/ complainants on one hand and the Sahariyan Universal Multipurpose Society Limited on the other hand. Keeping in view the interim orders passed by the Hon’ble High Court in said writ petitions, the Hon’ble State Commission UT, Chandigarh in execution application no.EA.116 OF 2021 in complaint case number CC-38 of 2020 titled as Ram Kumar Vs. Sahara India Pariwar Ltd. adjourned the matters Sine die to await the decision of the Hon’ble Punjab and Haryana High Court in CWP No.5008 of 2022 and other connected writ petitions.

8.The final decision settling the dispute as raised in the aforementioned writ petitions qua the relationship of a consumer and service provider may take a long time, preventing the implementation of the orders passed in consumer complaints against Sahara Group of Co-operative Societies.

9.Now, the orders passed by the Hon’ble Supreme Court of India, in Sahara connected matters have been brought to the facts of this Commission. Keeping in view the grievances of the depositors of the various schemes, floated by the Sahara Group of Co-operative Societies, an application no.56308 of 2023 was filed by the Union of India Ministry of Corporation in writ petition no.191 of 2022 titled as Pinak Pani Mohanty Vs. Union of India & Ors. in the Hon’ble Apex Court seeking directions to transfer the amount of Rs.5,000/-crores out of utilized amount of Rs.23,937/-crores(lying in “Sahara-SEBI Refund Account”) for onward disbursement  of the same to the genuine depositors of Sahara Group of Co-operative Societies. The Hon’ble Apex Court disposed of the said application vide its order dated 29.03.2023 by issuing several directions. For the sake of convenience and clarity, the relevant directions issued vide said orders at serial no.1, 2 & 4, are reproduced as under:-

1. Out of  the total amount of Rs.24,979.67 crores lying in the “Sahara-SEBI Refund Account”, Rs.5000crores 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 account directly.
2. 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.
3. –
4. 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.5000crores at the earliest, but not later than nine months from today. The balance amount thereafter be again transferred to the “Sahara-SEBI Refund Account”.

10.The Hon’ble Apex Court, in the larger interest of depositors, has issued the above mentioned directions so as to bring uniformity in the redressal mechanism as also to enable the depositors to seek the refund of their deposited amount as early as possible. Pertinently, as per directions issued by the Hon’ble Apex Court vide its said order dated 29.03.2021, the manner and modalities for making disbursement of the deposited amount to the consumers is to be worked out by Central Registrar of Cooperative Societies under the guidelines of R.Subhash Reddy Former Judge of the Hon’ble Supreme Court and Sh. Gaurav Aggarwal, Advocate. Moreover, the disbursement of the deposited amount, by various consumers/depositors in the scheme floated by the Sahara Group of Co-operative Societies, shall be supervised and monitored by Justice R.Subhash Reddy Former Judge of the Hon’ble Supreme Court with the assistance of Sh.Gaurav Aggarwal, the learned Advocate, who is appointed as Amicus Curiae to assist justice R.Subhash Reddy as well as Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Co-operative Societies.

11.The learned counsel for the complainant, in the present complaint has sought the directions against OPs(Sahara Group of Cooperative Societies) to release the payment of his deposited amount in the schemes, floated by OPs.

12.After going through the peculiar facts and circumstances of the present case, we are of the firm and considered opinion that a holistic and wholesome view must be taken in order to provide practical relief to the complainant and prevent him from being engrossed in multiplicity of litigations, which would go against the very spirit of the Consumer Protection Act, which is a piece of benevolent legislation enacted to provide speedy and easy redressal of consumers grievances at nominal cost.

13.In our considered opinion, keeping in view  the totality of the facts and circumstances of the present complaint as also the directions issued by the Hon’ble Apex Court in case(supra), it would serve the ends of justice, if the present complaint is disposed of with the directions to the complainant to approach the Central Registrar of Co-operative Societies for determination of his respective claims and thereafter, disbursement of the deposited amount to him by OPs; accordingly, the present complaint is disposed of with the directions to the complainant to submit  his claim(s) before the Central Registrar of Cooperative Societies, along with all requirements, details of his bank accounts, documents of identification, proof of deposits etc. and Ops are directed to facilitate him to get the refund of his deposited amounts, as per the determination of the Registrar, Central Cooperative Societies under the supervision and monitoring of justice R.Subhash Reddy, Former judge of Hon’ble Supreme Court of India with the assistance of Shri Gaurav Aggarwal, learned Advocate appointed as Amicus Curiae in this matter. However, with a Caveat, that in the event of the complainant’s grievance not being redressed in the above manner, the complainant will be entitled to institute a fresh complaint  on the same cause of action with updated facts and events before the competent Consumer Commission. The said complaint, if any filed, shall be considered and decided as per law. Needless to say, that the time spent in prosecution of the present complaint and in the prosecution of the claim before the Central Registrar of Cooperative Societies, will be liable to be excluded for the purpose of counting limitation for filing complaints as prescribed under the Consumer Protection Act, 2019. A copy of this order shall be forwarded, free of cost, to all the parties and file be consigned to record room after due compliance.

Announced: 16.10.2023

 

 

 

Dr.Barhm Parkash Yadav      Dr.Sushma Garg            Satpal

                Member                            Member               President

 

Note: Each and every page of this order has been duly signed by me.

 

  Satpal                             

President

 

 

         C.C.No. 389 of 2022

Present:     Sh.Ashutosh Bilves, Advocate for complainant.

OPs No.1 & 2 already proceeded ex parte vide order dated       21.02.2023

 

                Arguments heard. Vide a separate order of even date, the present complaint is disposed of accordingly.

A copy of the order be sent to the parties free of costs and the file be consigned to the record room after due compliance.

Dt.16.10.2023    

 

 

           Dr.Barhm Parkash Yadav    Dr.Sushma Garg            Satpal

                 Member                          Member                 President