Haryana

Karnal

CC/196/2022

Ravinder Kumar - Complainant(s)

Versus

M/s Sahara Credit Cooperative Society Limited - Opp.Party(s)

Devvrat Rana

16 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 196 of 2022

                                                        Date of instt.04.04.2022

                                                        Date of Decision:16.05.2023

 

Ravinder Kumar son of Shri Roshan Lal, resident of house no.342/14, Urban Estate, near Meerut Road, Sector-14, Urban Estate, Karnal.

 

                                               …….Complainant.

                                              Versus

 

1.     M/s Sahara Credit Cooperative Society Ltd. Sahara India Bhawan, 1, Kapoorthala complex, Aliganj, Lucknow (UP) through its Manager/authorized person.

 

2.     M/s Sahara India Pariwar, opp. Onida Showroom, Kunjpura Road, Karnal, through its Manager/authorized person.

 

                                                                     …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Devrat Rana, counsel for the complainant.

                    Shri Vikas Yadav, counsel for the OPs.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that on the allurement of agent of OPs namely Sarita, complainant obtained an application form no.624004233335 from the complainant and opened an account no.22005601866 dated 18.11.2015 and the complainant was given a membership no.22001501547. The OPs issued a passbook. The complainant used to deposit the amount and first installment of Rs.2500/- was deposited on 18.11.2015 and thereafter the complainant used to deposit monthly installment, the entries of which regarding deposit of amount were made by abovesaid Sarita in the passbook no.4440/01199211 and the same bears her signature. Sarita also assured the complainant that the OPs are liable to pay the amount on demand by the complainant. In this way, till 29.08.2018 complainant deposited Rs.85000/-. On 30.10.2019, complainant visited the OP no.3 and requested to refund the amount of Rs.85000/- alongwith interest but OPs did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. Complainant is suffering a great financial loss, harassment and mental pain and agony due to non-payment by the OPs. Then complainant sent a legal notice dated 24.02.2022 to the OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction; non-joinder and mis-joinder of necessary party; concealment of true and material facts. On merits, it is pleaded that the OPs are a society, if the complainant who is a member of the society has any grievance or dispute with the society, he is bound to refer their dispute before the Registrar of Cooperative Society. It is further pleaded that complainant never approached the OPs regarding the maturity amount. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint with costs.

3.             Today the case is fixed for evidence of the complainant. No evidence is present.  Request for adjournment.

4.             The Hon’ble Supreme Court of India in case titled as Pinak Pani Mohanty Versus Union of India and Ors. in writ petition (c) no.191 of 2022 decided on 29.03.2023 has held as under:-

“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 claim and to be deposited in their respective bank accounts directly.

The disbursement shall be supervised and monitored by Justice R.Subhash Reddy, Former Judge of this Court with able assistance of Shri Gaurav Aggarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R.Subhash Reddy as well as the Central Registrar of Cooperative Societies is 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 Aggarwal, learned Advocate.

5.             Keeping in view the aforesaid judgment, it would not be justified to pursue the present complaint further and now is not maintainable before this Commission and same deserves to be dismissed and same is hereby dismissed. However, complainant is at liberty to apply the claim before the Central Registrar of Cooperative Societies, in accordance with above mentioned writ petition. No order as to costs.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:16.05.2023

 

                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                    Member                         Member