Sri S.K.Sahoo,President.
This petition is U/s. 35 of C.P.Act, 2019 filed by the complainant against the opp.parties for certain reliefs.
2. The case of the complainant is that on 02.03.2012 he has deposited an amount ofRs.17,000.00 in six numbers of deposits under “SAHAR A. E.SHINE” which were to be matured on 02.03.2020 . Again on 05.03.2012 he has deposited an amount of Rs.16,000.00 under the aforesaid scheme which it to be matured on 05.03.2020 . After the maturity date i.e on 02.03.2020 and 05.03.2020 the complainant approached the opp.parties to disburse the matured amount to the complainant. However the opp.parties did not respond to the request of the complainant ,for which on 05.08.2020 a legal notice was issued to both the opp.parties by the Learned Counsel for the complainant. He has also deposited the required documents in the office of the opp.parties in response to the letter dtd. 10.08.2020 of the opp.party No.2. Out of six deposits, certificate numbers 351002874369, 351002874370, 351002874370 & 351002874391 which were issued in favour of the complainant by the society of the opp.parties are not paid after the maturity date but the complainant has received the rest two .Again on 09.09.2021 the Learned Counsel for the complainant issued another legal notice to both the opp.parties through Regd.post with A.D.As all the efforts of the complainant were in vain he has knocked the door of this Commission by filing the complaint on 22.11.2021.
3. Notices were issued to both the opp.parties through Regd. Post with A.D on 24.08.2022 .As notices were sent to the opp.parties in correct address through Regd. Post with A.D and A.Ds are not back the service on the opp.parties deemed to be sufficient U/s. 27 of General Clauses Act. Inspite of such notice the opp.parties did not appear before this Commission nor filed written statement. However only on 12.09.2022 the Learned Counsel Sri D.K.Pani and Sri S.C.Pradhan filed V.nama for opp.party No. 2 and filed a petition for time to file show cause. However the petition was allowed but the opp.party No.2 failed to file show cause on the date fixed i.e on 12.10.2022. The opp.party No.1 did not appear at all for which he is set exparte.
4. After hearing the argument f rom both the parties the case has been posted today for judgment.
5. The complaint petition filed by the complaint is supported with affidavit. It is alleged in the complaint petition that the complainant has deposited different amount in several accounts which are to be matured in the month of March, 2020 .The opp.parties assured the complainant to pay interest on those deposits. After march, 2020 i.e the maturity of the bonds the complainant approached the opp.parties for maturity amount but the opp.parties did not pay the same. As last on 09.09.2021 a legal notice was issued to both the opp.parties through Regd. Post with A.D. but all the efforts in vain .Inspite of notice the opp.party No.1 did not appear before this Commission to contest the case, for which he is set exparte. Only on 12.09.2021 opp.party No.2 appeared through his Learned Counsel but did not file show cause. However during argument, he has challenged the maintainability of the present proceeding before this Commission.
6. It is the specific plea of the opp.party No.2 that the complainant is a member of Sahara Co-operative Society Ltd , as such he is not a consumer as described under C.P.Act, 2019. He has relied on a decision of Hon’ble National Commission, New Delhi passed in Revision Petition No. 4871 of 2012 namely M/S. Anjana Abraham Chembethil Vrs. Managing Director, Koothattukulam Farmers Services Co-operative Bank .
On the other hand the learned counsel for the complainant relied on the following decisions :-
(i). Ram Kanwar Vrs. Sahara India Pariwar Pvt Ltd., of Hon’ble State Commission, U.T, Chhandigarh , passed on 28.09.2021.
(ii). The judgment passed on 21.07.2020 by Hon’ble National Commission,New Delhi in Revision Petition No. 4044 of 2014 in Branch Manager, Sahara India Vrs. Raj Kumari Devi .
(iii). The judgment passed by the Hon’ble Supreme Court of India in Civil Appeal No. 64/2010 ,65/2010,66/2010,67/2010 and 68/2010 in the case of Virendra Jain Vrs. Alaknanda Co-operative Group Housing Society Ltd. and others passed on 23.04.2013.
(iv). The judgment passed by Hon’ble Supreme Court of India in Civil Appeal No. 92 of 1998 passed on 11.12.2003 in the case of The Secretary,Thirumurugan Co-operative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs. & Ors.
7. Perused the judgments relied on by both the parties. On perusal of the photo copies of certificates filed by the complainant it is clear that the complainant is a member of the co-operative society of the opp.parties business organization. It is also clear from the evidence on record that the complainant has deposited different amounts and certificates were issued in his favour by the society of the opp.parties. Even though he is a member of the society of the opp.parties he has invested certain amounts to earn the maturity amount on his deposits. From the judgment pronounced by the different Commissions and the Hon’ble Supreme Court relied on by the complainant it is crystal clear that the complaint is a consumer U/s. 2(7) of C.P.Act, 2019. So the plea of the opp.parties that the present complaint petition filed by the complainant is not maintainable is not acceptable at all .So the present complaint filed by the complainant is maintainable before this Commission.
8. Although in the complaint petition the complainant has alleged that he has deposits in six numbers of account, on perusal of the record it transpires that he has filed photo copies of deposits bearing No. 22234202567, 22234202565, 22234202564 & 22234202638.He has also deposited an amount of Rs. 17000.00 ,Rs.17,000.00 ,Rs17000.00 & Rs.16,000.00 in those accounts which are to be matured on 02.03.2020 and 05.03.2020.From the materials on record it is clear that on the approach of the complainant the opp.parties did not pay the maturity amount of the above accounts to the complainants. During pendency of this case before this Commission the opp.parties have also not taken any step for payment of the amount due to the complainant .It is further clear from the materials on record that legal notices were issued to both the opp.parties on 05.08.2021 and 09.09.2021 but no fruitful step was taken by both the opp.parties for payment of maturity amount to the complainant. The conduct of the opp.parties shows that that they have adopted unfair trade practice . Certainly due to inaction of the opp.parties the complainant sustained mental agony and monetary loss. The materials placed by the complainant before this Commission goes unchallenged . It is also reliable and trust worthy.
7. Hence ordered :-
: O R D E R :
The case be and same is allowed on contest against opp.party No.2 and exparte against opp.party No.1 .Both the opp.parties are jointly and severally liable to the claim of the complainant. The opp.parties are directed to pay Rs. 1,75,004.00 (Rupees One Lakh Seventy-Five Thousand Four) only along with interest @ 12 % p.a from the date of maturity until payment is made. The above opp.parties are also directed to pay an amount of Rs. 15,000.00 (Rupees Fifteen Thousand)only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp.parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount to be paid to the complainant.
