Haryana

Karnal

CC/290/2020

Satyendra Kumar Gupta - Complainant(s)

Versus

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

26 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                                   Complaint.No.290 of 2020

                                                                     Date of instt.10.08.2020

                                                                     Date of Decision:26.05.2023

 

Satyendra Kumar Gupta son of Sh. Ram Sewak Gupta, resident of house no.166, Sector-14, Part-II, Urban Estate Karnal.

                                                Versus

Sahara Credit Cooperative Society Limited, Sahara India Bhawan-1, Kapoorthala complex, Aliganj, Lucknow-226024, through Mr. Sunil Kumar Sinha, Branch Manager, Karnal and Mr. Subroto Rai, Managing Director.

                                                                                      …..OP.

Complaint under Section 35 of Consumer Protection Act, 2019.

Before       Sh. Jaswant Singh………President.   

                   Sh. Vineet Kaushik……… Member.

                  

Present:   None for the complainant.

               Sh. Vikas Yadav, counsel for the OP.

                (VINEET KAUSHIK, MEMBER)

ORDER:

                Today the case is fixed for arguments. None for the complainant. Position remained the same on the adjourned date. Arguments not advanced. 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 Supredme 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.

       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:26.05.2023                 

                         President,      

District Consumer Disputes

Redressal Commission, Karnal.

(Vineet Kaushik)  

                                   Member