Haryana

Panchkula

CC/132/2023

SWAMINATH - Complainant(s)

Versus

SAHARA CREDIT CO-OPERATIVE SOCIETY LTD. - Opp.Party(s)

SANJAY KUMAR PANGHAL

06 Jun 2023

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

 

Consumer Complaint No	:	132 of 2023
Date of Institution	:	18.05.2023
Date of Decision	:	06.06.2023

 

Swaminath aged about 47 years son of Sh. Kailash, Resident of Village Bans, Bra Banki, U.P.-225415, at present residing at Near House No.219, Sector-27, Panchkula.                                                                                                                                                                                                                                 ….Complainant

Versus

1.     Sahara Credit Co-operative Society Limited, Sahara India Bhawan 1, Kapoorthala complex Aliganj, Lucknow-226024, Regd. No.MSCS/ CR/333/2010

2.     Subhash Kushwaha, Branch Manager of Sahara Credit Co-operative Society Limited, Shop No.16, Shiva Complex, Village Railly, Sector-12-A, Panchkula-134109.

3.     Ram Parsad Co-operative Educator/Agent of Sahara Credit Co-operative Society Limited, House No.10, Sector-9, Panchkula- 134109.

….Opposite Parties

Present:     Sh.Sanjay Kumar Panghal,  Advocate for complainant.

 

                                               

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 present complaint is fixed for consideration on its admissibility.  The  learned counsel for the complainant, at this stage, has prayed for admission of the complaint and thereafter, 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 poor person, who works as a washerman. An agent of Sahara Co-operative Society Limited, namely, Sh. Ram Parsad(OP No.3) met him in November 2019 in the market of Railly Village, Sector-12, Panchkula, who discharged about some financing schemes as floated by OP no.1. It is stated that the complainant invested/deposited Rs.2,00,000/- in the shape of Fixed Deposit(FD) in the branch office situated at Shop No.16, Shiva Complex, Village Railly, Sector-12A, Panchkula. The receipt no.80851679232 was issued.  The maturity date of the maturity amount was 07.06.2021. It is averred that the complainant had deposited an amount of Rs.2,00,000/- in the shape of Fixed Deposit  through OP no.3, who was an agent of OP No.1. The OP No.3 had assured the complainant that he would get the maturity amount of Rs.2,29,400/- on the maturity date. The OP No.2 had issued the receipt no.07.12.2019 qua the deposit of Rs.2,00,000/-. The receipt was duly stamped and signed by the OP No.2 and an account no.77417800518 was opened. It is averred that the Fixed deposit qua the amount of Rs.2,00,000/- had matured on 07.06.2021 wherein the complainant was entitled to receive  an amount of Rs. 2,29,400/-

                It is averred that the complainant had invested the amount in the schemes floated by OP No.1 on the basis of assurances and promises made by OP No.3 that he(complainant) would get the maturity amount on the date of maturity. It is further averred that the maturity amount has not been released to the complainant despite his several visits, seeking refund of the maturity amount, to the branch office of OP No.1. It is stated that the branch office had finally refused to release the maturity amount on 24.12.2022.  Finding no positive response from the Ops a legal notice was got served by the complainant on 30.12.2022 through his counsel but to no avail. 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.             We have heard the learned counsel for the complainant and gone through the entire record available on the file, minutely and carefully.

4.             The complaint is admitted and disposed of in the light of orders passed 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. as under.

5.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.

6.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.

7.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”.

8.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.

9.The complainants, in the present complaints have sought the directions against OPs(Sahara Group of Cooperative Societies) to release the payment of their deposited amount in the schemes, floated by OPs.

10.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 them 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.

11.In our considered opinion, keeping in view  the totality of the facts and circumstances of the aforementioned complaint is also the directions issued by the Hon’ble Apex Court in case(supra), it would serve the ends of justice, if the aforementioned complaint is  disposed of with the directions to the complainant to approach the Central Registrar of Co-operative Societies for determination of their respective claims and thereafter, disbursement of the deposited amount to them by OPs; accordingly, the present complaint is disposed of with the directions to the complainants to submit his claim(s) before the Central Registrar of Cooperative Societies, along with all requirements, details of their bank accounts, documents of identification, proof of deposits etc. and OPs are directed to facilitate  them 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 in all the aforementioned connected complaints and file be consigned to record room after due compliance.

Announced:06.06.2023

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