Haryana

Karnal

CC/239/2023

Mamtesh Rani - Complainant(s)

Versus

Sahara Credit Cooperative Society Limited - Opp.Party(s)

Parshant Pahwa

05 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                                    Complaint.No.239 of 2023

                                                                     Date of instt.21.04.2023

                                                                     Date of Decision:05.06.2023

 

Mamtesh Rani wife of Sh. Surinder Kumar, resident of village Kunjpura Tehsil and District Karnal.

 

                                                Versus

Sahara Credit Cooperative Society Limited, Opp., Bata Show Room, Kunjpura road, first floor of Subhash Atreja building, Karnal, through its Branch Manager.

                                                                                      …..OP.

Complaint under Section 35 of Consumer Protection Act, 2019.

Before       Sh. Jaswant Singh………President.   

                   Sh. Vineet Kaushik……… Member.

                   Dr. Rekha Chaudhary……..Member.

 

Present: Sh. Parshant Pahwa, counsel for the complainant.

              Sh. Vikas Yadav, counsel for the OP.

                (VINEET KAUSHIK, MEMBER)

ORDER:

                Today the case is fixed for notice to the OP. Memo of appearance on behalf of the Op filed. Learned counsel for the OP has submitted that this Commission has no jurisdiction to proceed the complaint further in view of the judgment dated 24.03.2023 passed by the Hon’ble Supreme Court.

2. The Ho’ble Supreme Court of India in case titled as Pinak Pani Mohanty Versus Union of India and others 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.

       The abovesaid order has brought in the knowledge of the representative of the complainant but inspite to withdraw the present complaint, he wants to pursue the present complaint further before the Commission.

       3.    Keeping in view of the aforesaid judgment, it would not be justified to pursue the present complaint further and same deserves to be dismissed and same is hereby dismissed. However, complainant is at liberty to apply the claim before the Central Registrar of Cooperative Societies, in accordance with above mentioned writ petition. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

         Dated:05.06.2023.                

                            President,      

District Consumer Disputes

Redressal Commission, Karnal.

 

(Vineet Kaushik)   (Dr. Rekha Chaudhary) 

  Member                Member