Chandigarh

StateCommission

A/117/2023

DEVTA DEVI - Complainant(s)

Versus

SAHARA CREDIT COOPERATIVE SOCIETY LIMITED THROUGH ITS MANAGING DIRECTOR - Opp.Party(s)

DEEPAK AGGARWAL

27 Sep 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Appeal No.	:	117 of 2023
Date of Institution	:	30.05.2023
Date of Decision	:	27.09.2023

 

Devta Devi w/o Pankaj Kumar Singh, House No.479/6, Daria, Chandigarh 160101.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Manaing Director.

2]       The Branch Manager, Sahara Credit Cooperative Society Ltd., Sahara India Parivar,Shop No.25-26, Sector 12-A, Shiva Complex, Panchkula.

          Second Address: Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh.

          Third Address: Sahara India Parivar, SCO 84/A, Shahi Mazra, Balongi Road, Mohali, Punjab.

….Respondents/Opposite Parties.

 

Appeal No.	:	171 of 2023
Date of Institution	:	19.07.2023
Date of Decision	:	27.09.2023

 

Suresh Pal s/o Mahabir, House No.4755/2, Sector 38 West, Dadumajra, Rupnagar, Chandigarh – 160014.

….Appellant/Complainant.

Versus

1]       Humara India Credit Co-operative Society Ltd., Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

2]       The Branch Manager, Humara India Credit Co-operative Society Ltd., SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

Appeal No.	:	149 of 2023
Date of Institution	:	27.06.2023
Date of Decision	:	27.09.2023

 

Sanjay Kumar s/o Harivans Parshad, R/o 45, Sector 12-A, Rally, Panchkula (Haryana).

….Appellant/Complainant.

Versus

1]       Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

2]       The Branch Manager, Humara India Credit Co-operative Society Limited, Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

Appeal No.	:	159 of 2023
Date of Institution	:	12.07.2023
Date of Decision	:	27.09.2023

 

Sunita W/o Sanjay, House No.15, Ekta Vihar, Baltana, SAS Nagar, Mohali.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.

2]       The Branch Manager, Sahara Credit Co-operative Society Limited, Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

Appeal No.	:	160 of 2023
Date of Institution	:	12.07.2023
Date of Decision	:	27.09.2023

 

Rani W/o Rinku, House No.15, Ekta Vihar, Baltana, SAS Nagar, Mohali.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.

2]       The Branch Manager, Sahara Credit Co-operative Society Limited, Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

Appeal No.	:	165 of 2023
Date of Institution	:	17.07.2023
Date of Decision	:	27.09.2023

 

Rehan Ahmad S/o Hamid, resident of House No.232, Behlana, Chandigarh.

….Appellant/Complainant.

Versus

1]       Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

2]       The Branch Manager, Humara India Credit Co-operative Society Limited, Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

Appeal No.	:	166 of 2023
Date of Institution	:	17.07.2023
Date of Decision	:	27.09.2023

 

Munna Kumar s/o Bhoginder Nath Tiwari resident of House No.2053, Burail, Sector 45-A, Chandigarh.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.

2]       The Branch Manager, Sahara Credit Co-operative Society Limited, Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

Appeal No.	:	169 of 2023
Date of Institution	:	17.07.2023
Date of Decision	:	27.09.2023

 

Raj Kumar Sharma S/o Sh. Muni Ram Sharma, #213, Sector 11, Panchkula, Haryana - 134109.

….Appellant/Complainant.

Versus

1]       Humara India Credit Co-operative Society Limited, Regd. Office: Mangal Jyoti, 101, 227/2, AJC Bose Road, Kolkata, West Bengal – 700020 through its Managing Director.

2]       The Branch Manager, Humara India Credit Co-operative Society Limited, Sahara Parivar, SCO No.541, 2^nd Floor, Gali No.5, Keshoram Complex, Burail, Sector 45, Chandigarh.

          Second Address: Sahara India, SCO No.1110-111, Sector 22-B, Chandigarh.

….Respondents/Opposite Parties.

 

 

 

 

Appeal No.	:	225 of 2023
Date of Institution	:	11.09.2023
Date of Decision	:	27.09.2023

 

Lalan Kumar S/o Sh. Arun Kumar Pandit, H.No.312, Gate No.1, Daria, Chandigarh-160101.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.

2]       The Branch Manager, Sahara Credit Co-operative Society Limited, SCF No.65, 1^st Floor, Sinha Bhawan, Shivalik Vihar, Patiala Road, Zirakpur.

….Respondents/Opposite Parties.

 

Appeal No.	:	226 of 2023
Date of Institution	:	11.09.2023
Date of Decision	:	27.09.2023

 

Lalan Kumar S/o Sh. Arun Kumar Pandit, H.No.312, Gate No.1, Daria, Chandigarh-160101.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.

2]       The Branch Manager, Sahara Credit Co-operative Society Limited, SCF No.65, 1^st Floor, Sinha Bhawan, Shivalik Vihar, Patiala Road, Zirakpur.

….Respondents/Opposite Parties.

 

Appeal No.	:	227 of 2023
Date of Institution	:	11.09.2023
Date of Decision	:	27.09.2023

 

Karna S/o Sh. Shubash, H.No.312, Gate No.1, Daria, Chandigarh – 160101.

….Appellant/Complainant.

Versus

1]       Sahara Credit Cooperative Society Limited, Regd. Office: Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024 through its Managing Director.

2]       The Branch Manager, Sahara Credit Co-operative Society Limited, SCF No.65, 1^st Floor, Sinha Bhawan, Shivalik Vihar, Patiala Road, Zirakpur.

….Respondents/Opposite Parties.

 

 

 

BEFORE:

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. RAJESH  K. ARYA, MEMBER

 

ARGUED BY:      

 

Sh. Deepak Aggarwal, Advocate for the appellant alongwith Sh. Ajay Singh Parmar, Advocate.         

Sh. Ishtneet Bhatia, Advocate for the respondents.

 

PER  RAJESH  K. ARYA, MEMBER

 

                   By this common order, we are disposing of two bunches of aforesaid appeals filed by respective complainants (appellants herein) against the orders passed by District Consumer Disputes Redressal Commission-I, U.T., Chandigarh and District Consumer Disputes Redressal Commission-II, U.T., Chandigarh [in short ‘District Commission(s)], vide which, their complaints have been disposed of       in view of judgment dated 29.03.2023 of Hon’ble Supreme Court of India 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, by allowing/giving liberty to the appellants/depositors to file their claims before the Central Registrar of Cooperative Societies  and to approach the said Special Authority for determination of claim/disbursal of the same.

2]                As common questions of facts and law have emerged in above captioned appeals and the facts thereof are analogous to each other to a great extent, therefore, this Commission would like to take them together and decide with a common order.

3]                The details with regard to appeal number, complaint number, parties name, District Commission-I/II & date of impugned order are mentioned below in a tabular chart:-

BUNCH – 1 (reserved on 13.09.2023)

Sr. No.	Appeal No.	Complaint No.	Name of Parties	District Commission-I/II	Date of impugned order
1.	117/2023	390/2022	Devta Devi Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-II	11.05.2023
2.	171/2023	570/2022	Suresh Pal Vs. Humara India Cooperative Society Ltd. & anr.	DCDRC-II	08.06.2023
3.	149/2023	19/2022	Sanjay Kumar Vs. Humara India Cooperative Society Ltd. & anr.	DCDRC-I	02.06.2023
4.	159/2023	167/2022	Sunita Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-I	02.06.2023
5.	160/2023	165/2022	Rani Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-I	02.06.2023
6.	165/2023	176/2022	Rehan Ahmad Vs. Humara India Cooperative Society Ltd. & anr.	DCDRC-I	02.06.2023
7.	166/2023	495/2022	Munna Kumar Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-I	09.06.2023
8.	169/2023	745/2021	Raj Kumar Sharma Vs. Humara India Credit Cooperative Society Ltd. & anr.	DCDRC-I	06.06.2023
BUNCH – 2 (reserved on 18.09.2023)
9.	225/2023	721/2022	Lalan Kumar Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-II	18.07.2023
10.	226/2023	720/2022	Lalan Kumar Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-II	18.07.2023
11.	227/2023	719/2022	Karna Vs. Sahara Credit Cooperative Society Ltd. & anr.	DCDRC-II	18.07.2023

 

4]                To settle the issue, which is common in nature, involved in all these appeals, we would like to take up the file of Complaint No.390 of 2022 titled ‘Devta Devi Vs. Sahara Credit Cooperative Society Ltd. & anr.’ filed before District Commission-II, U.T., Chandigarh, which was disposed of by the said District Commission vide order dated 11.05.2023 passed in Consumer Complaint No.360 of 2021 titled Radha Vs. Sahara Credit Cooperative Society Ltd. & anr.

5]                Briefly stated the facts, as culled from CC/390/2022, are that it was the case of the complainant Smt. Devta Devi (appellant herein) that the company i.e. Sahara Credit Cooperative Society Limited floated various schemes and invited public at large to invest amount in the schemes floated by it whereby lucrative incentives and interest was offered. It was stated that the complainant fell prey to the said assurances and invested the hard-earned money saved over a period of time for her self-livelihood and to secure future of her family including children, in various schemes floated by the opposite parties. It was further stated that complainant deposited a total sum of ₹90,000/- in recurring deposit scheme with maturity date as 26.12.2019,  under the recurring deposit in Account No.77415601045. It was further stated that when it came to the notice of complainant that the opposite parties had no intention to pay the maturity value, the complainant approached the opposite parties in the last quarter of 2019 for refund of deposited amount alongwith interest accrued uptill that date but the opposite parties informed that they would directly transfer the amount into the Bank account of the complainant but the same was never done. It was further stated that when nothing concrete happened in the matter, the complainant engaged the services of the counsel and got issued a legal notice vide dated 17.04.2022. Terming the aforesaid act of the opposite parties, as deficiency in service and unfair trade practice on their part, the complainant claimed  refund of ₹90,000/- alongwith interest @9% per annum w.e.f. respective due dates of deposits uptill 21.11.2019 and further interest @9% per annum on the said amount w.e.f. 22.11.2019 uptill realization in Account No.77415601045. Besides, the complainant also claimed compensation of ₹50,000/- on account of mental agony, physical harassment, financial loss caused to the complainant for deficiency in service, negligence and adoption of unfair trade. She also claimed punitive damages of ₹1 Lakh for duping lakhs of investors all around India including herself and for sitting over the hard-earned money and not returning the same on the due dates of maturity besides claiming ₹50,000/- as cost of litigation.

6]                On the other hand, the plea of the opposite parties (respondents herein), while taking various preliminary objections, pleaded that the complainant after understanding the bylaws and objects of the society had become a member and after becoming a member of the society, she had contributed the amount under their scheme. It was further pleaded that the complainant was not entitled to get the deposited amount with interest etc. and the rules and regulation of the Society were binding upon her, as she could avail the benefits of the same scheme as per the terms and conditions.

7]                After hearing the counsel for the parties and going through the record, the District Commission disposed of the complaint, in the manner, as stated above.

8]                Now in these appeals, the only question, which falls for consideration by this Commission, is as to what course is available to the appellants/complainants, when there is judgment dated 29.03.2023 of Hon’ble Supreme Court of India 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, wherein the Hon’ble Apex Court, inter-alia, directed, inter-alia, as under:-

“(i) 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.

(ii) 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.

(iii) xxxxx

(iv) 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.”

9]                It may be stated here that the Hon’ble Apex Court, in the larger public interest/interest of the genuine depositors and to enable the depositors to get their refund at the earliest, vide the aforesaid order dated 29.03.2023, directed the Central Registrar of Cooperative Societies to work out the manner and modalities for making disbursement of the deposited amount to the consumers under the guidelines of R. Subhash Reddy Former Judge of the Hon’ble Supreme Court and Sh. Gaurav Aggarwal, Advocate and such disbursement shall also be supervised and monitored  by the Amicus Curiae. The Hon’ble Apex Court also directed that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the amount of ₹5,000 Crores at the earliest, but not later than nine months from the date of order i.e. 29.03.2023 and the balance amount thereafter has been ordered to be again transferred to the “Sahara-SEBI Refund Account.

10]              In view of peculiar facts and circumstances & developments in the present case and strictly taking note of order dated 29.03.2023 of Hon’ble Apex Court, we are of the concerted view that it would be in the fitness of things, to dispose of these appeals with the directions to the complainants/depositors (appellants herein) to file their respective claims before the Central Registrar of Co-operative Societies for determination & settlement thereof and in case, their grievances are not redressed, they would be having liberty to approach the competent Consumer Fora by way of filing fresh complaint(s) and in that eventuality, bar of limitation will not come in their way in approaching the competent Consumer Fora by excluding the time spent during prosecuting the complaint, present appeal(s) and redressal before Central Registrar of Co-operative Societies. 

11]              Accordingly, all these appeals are disposed of with the direction to the complainants/depositors (appellants herein) to file their respective claims before the Central Registrar of Co-operative Societies for determination & settlement thereof, as already directed vide the impugned orders by the District Commission(s), at the earliest. Further, in case, their grievances are not redressed, the appellants/complainants can approach the competent Consumer Fora by way of filing fresh complaint(s) and in that eventuality, bar of limitation will not come in their way in approaching the competent Consumer Fora by excluding the time spent during prosecuting the complaint, present appeal(s) and redressal before Central Registrar of Co-operative Societies.

12]              Copy of this order be placed in the connected appeals.

13]              Certified copies of this order be sent to the parties free of charge.

14]              File be consigned to Record Room after completion.

Pronounced

27.09.2023.

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

 (RAJESH K. ARYA)

MEMBER

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