Haryana

Kaithal

75/21

Sito Devi - Complainant(s)

Versus

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

S.Ranvir Prashar

12 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                 Complaint Case No.75/2021.

                                                 Date of institution: 22.03.2021.

                                                 Date of decision:12.07.2023.

 

Sito Devi wife of Ram Piara son of Mangat Ram aged about 70 years, resident of Ward No.11, Kalayat, Tehsil Kalayat, Distt. Kaithal.

 

                                                                        …Complainant.

                        Versus

1. Sahara Credit Co-operative Society Limited, Regd. Office Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh through its Director/Managing Director/Manager.
2. Sahara Credit Co-operative Society Limited, Branch Office, Sahara India Pariwar, Sewa Kendra 2481, Sir, Chhotu Ram Chauk, Pehowa Road, Kaithal through Branch Manager, Kaithal.

….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. Naresh Sharma, Advocate, for the complainant.   

                Sh. Pardeep Harit, Adv. for the OPs.

               

ORDER

NEELAM KASHYAP, PRESIDENT

        This order shall dispose of the application moved by ld. counsel for the Ops-applicants for dismissal of complaint as-well-as main complaint. 

2.             Ld. counsel for the OPs-applicants had moved an application for dismissal of complaint mentioning therein that the complainant had contacted the office of Sahara Credit Co-operative Society Limited to become member and after understanding the bye-laws and objects of the Society, he had obtained membership No.24811900157 of Society.  It is stated that for Society, the identity and status of the complainant is that of a member, which is definite and absolute and he cannot claim him to be a consumer of Society.  It is further stated that it is provided under Section 84 of Multi-state Co-operative Societies Act, 2002 that any court does not have the jurisdiction to entertain the matter between the member and society complaint.  It is further stated that under Section 105-Cognizance of offence, no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try the offence under this Act and prayed for dismissal of complaint.

3.             On the other hand, ld. counsel for the complainant-respondent filed the reply of said application stating therein that the same is not maintainable and prayed for dismissal of application.

4.             We have heard both the parties and perused the case file carefully and minutely.

5.             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.

6.               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 application moved by ld. counsel for the OPs-applicants for dismissal of complaint and the present complaint are 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:

Dt.:12.07.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.