Haryana

Kaithal

CC/181/2022

Davinder Singh - Complainant(s)

Versus

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

Sh.Rajender Sharma

19 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

 

                                                 Complaint Case No.181/2022.

                                                 Date of institution: 26.07.2022.

                                                 Date of decision:    19.07.2023.

 

1. Davinder Singh son of Sh. Karnail Singh aged about 63 years, resident of House No. 249, Opposite 33 KV, Ward No. 15, Cheeka District Kaithal

 

                                                                        …Complainant.

                        Versus

 

1. Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan 1, Kapoorthala Complex Aliganj, Lucknow-Uttar Pardesh through its Managing Director/Manager.

….OPs.

 

Complaint under Section 35 of the Consumer Protection Act, 2019.

 

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                   SMT. SUMAN RANA, MEMBER.

                   SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. Rajinder Sharma, Advocate, for the complainant.   

                OP ex parte.

                       

ORDER

SUNIL MOHAN TRIKHA, MEMBER

1.             Davinder Singh-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OP.  

2.                In nutshell, the facts of present case the complainant got deposited an amount of Rs.22343/-, Rs.13130/- and Rs.29547 in Fixed Deposit on dated 28.02.2019,30.04.2019 and 30.04.2019 for a period of 3 years vide receipt No. 715000234438, 715000234459 and715000234462  having account No. 21807800108, 24807800223 and 24807800224 from the office of respondents situation at Pehowa, to be returned by the respondent with interest an amount of  Rs. 31392/-, 18448/- and 41514/- on attaining maturity on dated 28.02.2022, 30.04.2022 and 30.04.2022. After the date of maturity dated 28.02.2022, 30.04.2022 and 30.04.2022, he approached to the office of the respondent and requested to release the amount of FD/Deposit Certificate but respondent refused to the amount of the Deposit Certificate/FD on dated 15.05.2022. So, it is a clear cut case of deficiency in service on the part of OP and prayed for acceptance of complaint.   

3.             Upon notice, the OP No. 1 did not appear and opted to proceed against ex parte vide order dated 16.09.2022 passed by this Commission.  

4.             During the pendency of this suit 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.  Hence, the present complaint is hereby disposed of accordingly.  However, complainant is at liberty to apply the claim before the Central Registrar of Cooperative Societies, in accordance with above mentioned writ petition. There is no order as to costs.  A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.

Announced in open court:

Dated.:19.07.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.