District Consumer Disputes Redressal Commission-I, U.T., Chandigarh

EA/92 /2023

BEFORE:

           PAWANJIT SINGH, PRESIDENT

           SURJEET KAUR, MEMBER                                 

Argued by

None for Complainant/DH.

Sh.Ishtneet Bhatia, Counsel for JDs.

Dated :  5^th July 2023

1. This order shall dispose of the application filed under Section 72 of the Consumer Protection Act 2019 for enforcement of order dated 23.08.2022 passed by this Commission
2. It transpires from the averments as projected in the application that vide order dated 23.08.2022 this Commission partly allowed the complaint filed by the complainant against OPs and directed the OPs to pay subject amount alongwith compensation and litigation cost to the complainant as is evident from the relief clause of the aforesaid order passed by this Commission. As the OPs have not complied with the aforesaid order, hence the present application has been filed by the complainant for enforcement of order passed by this Commission.
3. The OPs resisted the execution application filed by the complainant on the ground that since the Hon’ble Apex Court vide order dated 29.3.2023 in case of Pinak Pani Mohanty  Vs.  Union of  India &  Ors I.A. No. 56308 of 2023 in Writ petition(C) 191/2022 decided on 29.3.2023  has already  appointed  a Special Authority i.e. Central Registrar of Cooperative Societies to  determine the genuineness  of the claim of the claimants for the disbursal of the same  under the   supervision of Hon’ble Justice R. Subhash Reddy, former Judge of the Hon’ble Apex Court and Sh. Gaurav Agarwal amicus curiae, thus, the present application is not maintainable before this Commission.
4. We have heard the learned counsel for the JDs and gone through the record accordingly.
5. Perusal of the copy of order dated 29.3.2023, clearly indicates that after the passing of aforesaid order,   any claim by the claimant against the OP Society  is to be determined  by the Special Authority  constituted by the Hon’ble Apex Court under the supervision of Hon’ble Justice R. Subhash Reddy, former Judge of the Hon’ble Apex Court and Sh. Gaurav Agarwal amicus curiae  and the relevant portion of the order of the Hon’ble Apex court is reproduced as under:-

                                    “3.       Having heard Shri Tushar Mehta, learned Solicitor General appearing on behalf of the Union of India and taking into consideration the facts narrated hereinabove and when it is reported that Rs. 2253 Crores had been taken out of the Sahara Credit Cooperative Society Ltd., i.e., one of the four Sahara Group Multi-State Cooperative Societies and deposited with SEBI in the “Sahara-SEBI Refund Account” and the amount lying in the “Sahara-SEBI Refund Account” is lying unutilized and the genuine depositors of the Sahara Group of Cooperative Societies, which otherwise, shall be entitled to get back their money, the prayer sought in the present application seems to be reasonable and which shall be in the larger public interest / interest of the genuine depositors of the Sahara Group of Cooperative Societies. Therefore, the present application stands disposed of with the following directions:-

1. 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.
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. X xxxx xxx xx. Xxxx xxx
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. 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”.

6. Thus, in the light of the order passed by Hon’ble Apex Court in the case of Pinak Pani Mohanty  (supra)   one thing is clear   that disbursal  of due amount of depositors of   OPs, being the Societies of Sahara  Group of Cooperative Societies shall be made in 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 by the Special Authority i.e. Central Registrar of Cooperative Societies under the supervision and monitoring of Hon’ble Justice R. Subhash Reddy, former Judge of the Hon’ble Apex Court and Sh. Gaurav Agarwal amicus curiae from the amount of Rs.5000/- crores  , which has already been transferred  to the  Central Registrar of Cooperative Societies from the  Sahara SEBI Refund Account vide aforesaid order by the Hon’ble Apex Court.
7.    In view of the above discussion, the proceedings of the instant execution application are closed, with liberty to the Decree Holder/complainant to  approach the Central Registrar of Cooperative Societies (Special Authority) for disbursal of the claim amount. Accordingly, the execution application  stands disposed of. 
8. Pending miscellaneous application, if any, also stands disposed of.
9. Certified copies of this order be sent to the parties free of charge. The file be consigned.