Chandigarh

DF-II

CC/522/2021

Ravi Nandan - Complainant(s)

Versus

Sahara Credit Co-operative Society Ltd. - Opp.Party(s)

Durga Dutt Sharma Adv.

25 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	522 of 2021
Date of Institution	:	12.08.2021
Date of Decision	:	25.05.2023

 

                                               

                                                         

Ravi Nandan son of Sh.Rajinder, resident of House No.2137, Vikas Nagar, Mauli Jagran, U.T., Chandigarh

    ...  Complainant

Versus

1]  Sahara Credit Cooperative Society Limited, Registered Office Sahara India Bhawan No.1, Kapoorthala Complex, Aliganj, Lucknow 226024, through its authorized person.

2]  Sahara Credit Cooperative Society Limited, Branch Office, SCO No.1110-1111, Sector 22-B, Chandigarh through its authorized person.

 

…. Opposite Parties

 

BEFORE:   MRS.SURJEET KAUR,        PRESIDING MEMBER

SHRI B.M.SHARMA,           MEMBER

 

Argued by:-       Sh.Durga Dutt, Advocate for the complainant

                             Sh.Ishneet Bhatia, Advocate for the OPs.

 

PER  B. M. SHARMA,  MEMBER

1]            By this common order, we will dispose of 12 connected consumer complaints in which similar questions of law and facts are involved. The particulars of the cases and the details of the amount deposited by the complainant in the scheme of the OPs are as under:-

1	2	3	4	5	6	7
Sr. No.	C.C. No.	Complainant’s Name	Vs.	Opposite Party(s)  Name	Amount Deposited (Rs.)	Maturity Amount (Rs.)
	522/2021	Ravi Nandan	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	10,000/- 10,000/- 13,337/-	26,120/- 26,120/- 15,618/-
	258/2021	Munish Kumar	Vs.	Sahara India Credit Co-operative Society Ltd. and Another.	37,000/- 1,42,000/- 7000/-	43,031/- 1,65,146/- 8141/-
	697/2020	Mohan Singh	Vs.	Sahara India Credit Co-operative Society Ltd..	25,000/-	31360/-
	772/2021	Poonam Singh	Vs.	Sahara India Credit Co-operative Society Ltd..	50,000/- (recurring deposit)
	400/2022	Narinder Gandhi	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	1,60,000/- 1,00,000/-	1,86,080/- 1,14,700/-
	608/2022	Ritu	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	34,000/ 28,000/- 28,000/- 41,000/- 81,000/-	39,542/- 32,564/- 32,564/- 47,683/- 94,203/-
	609/2022	Ritu	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	12,000/- 11,000/- 10,000/- 14,000/-	13,764/- 12,617/- 11,470/- 16,058/-
	610/2022	Ritu	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	27,000/-	31,401/-
	611/2022	Kanwal Nain	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	17,000/- 26,000/- 81,000/- 5,000/- 55,000/-	19,771/- 30,238/- 94,203/- 5,815/- 63,965/-
	612/2022	Kanwal Nain	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	47,000/- 42,000/- 44,000/-	53,909/- 48,174/- 50,468/-
	613/2022	Kanwal Nain	Vs.	Sahara Credit Co-operative Society Ltd. and Others.	50,000/-	58,150/-
	692/2022	Brahmjot Singh	Vs.	Humara India Credit Co-operative Society Ltd. and Others.	4,96,679/-	6,97,834/-

 

2]       The facts are gathered from C.C.No.522 of 2021 –Ravi Nandan vs. Sahara Credit Cooperative Society Ltd. & Others.

3]       The complainant’s case, in nutshell, is that on being allured by the FDRs scheme launched by the OPs, he deposited an amount of Rs.10,000/- each with OPs on 12.5.2012 vide Certificate No.3510032226768 and 351003222769, carrying maturity amount of Rs.26,120/- each with maturity date as 12.05.2020 (Ann.C-1 & C-2). The complainant further deposited another amount of Rs.13,337/- with the OPs in FDR scheme vide Certificate No.787002130526 carrying maturity amount of Rs.15,618/- having maturity date as 18.3.2020 (Ann.C-3). Then after the maturity date, the complainant visited the Office of the OPs and supplied all details of the FDRs with request to release the maturity amount.  However, the OPs did not release any amount to the complainant despite being served with legal notice. Hence, present complaint has been preferred alleging gross deficiency in service and unfair trade practice on the part of Opposite Parties.    

4]       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 is 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 is also pleaded that the complainant after understanding the bye laws and objects of the society had become a member and after becoming a member of the society the complainant had shared the amount under the scheme of the OPs. It is asserted that the Members of the society make contribution as per their will under the schemes for furtherance of the objects of the Society and that the contribution cannot be construed as deposit. It is also asserted that the complainant has no right to claim himself as consumer of the Society and that the rules & regulations of the Society are binding upon the complainant. Denying other allegations and pleading no deficiency in service or unfair trade practice, the OPs have prayed for dismissal of the complaint.

5]       The Complainant filed rejoinder to the written reply of the OPs controverting their stand and reiterating his own.

6]       Parties led evidence in support of their contentions.

7]       We have heard the ld.Counsel for the parties and have perused the entire documents on record including written arguments.

8]       The complainant’s claim before this Commission is with regard to non-payment of the amounts deposited by way of FDRs or recurring deposit in the Sahara Group of Cooperative Societies.

9]       It is pertinent mention here that the Hon’ble Supreme Court of India vide its judgment dated 29.03.2023 passed in I.A. bearing No.56308 of 2023 in Writ Petition(Civil) No.191 of 2022 titled as Pinak Pani Mohanty Versus Union of India and Others with W.P.(C)No.6/2023(X), has held, the relevant part of which is reproduced as under:-

“3.        Having heard Shri Tushar Mehta, learned Solicitor General appearing on behalf of the Union of India and taking into consideration the facts narrated hereinabove and when it is reported that Rs. 2253 Crores had been taken out of the Sahara Credit Cooperative Society Ltd., i.e., one of the four Sahara Group Multi-State Cooperative Societies and deposited with SEBI in the “Sahara-SEBI Refund Account” and the amount lying in the “Sahara-SEBI Refund Account” is lying unutilized and the genuine depositors of the Sahara Group of Cooperative Societies, which otherwise, shall be entitled to get back their money, the prayer sought in the present application seems to be reasonable and which shall be in the larger public interest / interest of the genuine depositors of the Sahara Group of Cooperative Societies. Therefore, the present application stands disposed of with the following directions:-

1. 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 claims and to be deposited in their respective bank accounts 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. X xxxx xxx xx. Xxxx xxx
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. 5,000 Crores 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]      From the aforesaid order passed by the Hon’ble Apex Court titled as Pinak Pani Mohant  Vs.  Union of  India &  Ors (supra), it is clear that the question of genuineness of the claims of the depositors/investors with the Sahara Group of Cooperative Societies  is to be exclusively determined by the Special Authority and the manner and modalities for making the payment is to be worked out by it in consultation with  Hon’ble Justice R. Subhash Reddy, Former Judge of the Apex Court and Sh. Gaurav Agarwal, Amicus Curiae and for that purpose an amount of Rs.5000/- Crores has been ordered to be transferred  to the Special Authority out of “Sahra-SEBI Refund Account”  for further disbursal of the same against legitimate dues  of the depositors of the Sahara Group of Cooperative  Societies.  Therefore, we have no hesitation to hold that no authority including this Commission has the power to decide the genuineness of claim or pass directions for disbursal of the claim except the Special Authority authorized by the Hon’ble Apex Court vide the aforesaid order.

11]      In view of foregoing discussion and in compliance of the directions of the Hon’ble Supreme Court of India, as aforesaid, the proceedings of the instant complaint as well other connected complaint cases are closed with liberty to the complainant(s) to approach the Central Registrar of Cooperative Societies (Special Authority) for determination of his/her claim and disbursal of the same. Accordingly, the present complaint as well as other connected complaints, detailed in Para No.1 above, stand disposed off.  

12]      Pending miscellaneous application, if any, also stands disposed off.

         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

25^th May, 2023                                                                         Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

 

Sd/-

(B. M .SHARMA)

MEMBER