Chandigarh

DF-II

CC/247/2020

Smt. Neelima Joshi - Complainant(s)

Versus

Sahara Group - Opp.Party(s)

Adv. J.R.Syal

10 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.

:

CC/247/2020

Date of Institution

:

26.06.2020

Date of Decision    

:

10.04.2024

 

                                       

Smt. Neelima Joshi W/o Er. Vishwa Mohan Joshi, R/o A-1, Ekta Colony, Panjari, Shimla 171004 (H.P).

….Complainant

Versus

 [1]   Sahara Group, Regd. Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024, through its Chairman & Managing Director Sh. Subrata Roy Sahara.

2nd  Address:

Sahara Group, Regd. Office Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024, through its Managing Worker & Chairman Sh. Subrata Roy Sahara.

[2]    Sahara Group, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024, through its Deputy Managing Director Sh. O.P. Srivastava.

2nd Address:

Sahara Group, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow 226024, through its Deputy Managing Worker.

[3]    Sahara India, C-2, C-3, C-4, Sector 11, Rashtriya Sahara Complex, Noida (U.P) - 201301, through its Additional Director Sh. Prashant Kumar.

(4)    Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh-160022, through its Regional Manager.

[5]    Sahara India, SCO No.1110-1111, Sector 22-B, Chandigarh-160022, through its Sector Manager.

…. Opposite Parties.

 

 

BEFORE:

 

SHRI AMRINDER SINGH SIDHU, PRESIDENT

SHRI B.M.SHARMA, MEMBER

 

PRESENT:-

 

                Sh.J.R.Syal, Advocate for complainant

                   Sh.Tarun, Advocate, Proxy for Sh.Ishneet Bhatia,                                Advocate for OPs

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),  LLM, PRESIDENT

  1.         By dint of this common order, we propose to dispose off 02 connected consumer complaints in which common questions of law and fact are involved. The particulars of the case and the details of the amounts paid as pleaded by the complainant in the complaint are as under:-

1

 

2.

3.

 

4.

5

Sr.

No.

C.C. No.

Complainant’s Name

Vs.

Opposite Party (s)

Amount paid to the Seller

  1.  

CC/247/2020

Smt.Neelima Joshi

Vs

Sahara Group and Others

85,750/-

5,55,300/-

  1.  

CC/248/2020

Er.Vishwa Mohan Joshi

Vs

Sahara Group and Others

2,26,050/-

1,35,350/-

  1.         The facts are gathered from C.C.No.247/2020- Smt.Neelima Joshi Versus Sahara Group and Others. 
  2.         The complainant has filed the present complaint pleading that she applied for transfer of Sahara City Home Units i.e. 23971200916 and 24291200085 from the name of Smt.Sonia Sandhu and Sh. Devinder Singh Saini to her name. After the purchase of the Unit No.23971200916 of Sahara City Home Chandigarh, she applied for transfer of the unit by submitting documents required for the purpose, duly completed and signed by seller and purchaser, which was recommended by the Sector Manager, Sahara India, Chandigarh to the Head Office. After completion of the codal formalities, Sahara India office accepted the application form for transfer of SCH Chandigarh Unit from the name of Ms.Sonia Sandhu to Mrs.Neelima Joshi. The transfer of one unit of Ms.Sonia Sandhu was done and the certificate was duly issued  (Annexure C-1).  It has further been stated that the transfer of another unit bearing no.24291200085 of Sh.Devinder Singh Saini was not done in the name of complainant irrespective of the fact that all the formalities required for transfer of the unit were duly completed and the request was submitted to the quarter concerned on 12.10.2009 for further necessary action.  She remained in constant touch with the OPs and even wrote letters dated 07.08.2011 and 21.10.2011 for transfer of the second unit but to no effect. Finally, she made a request for refund of the amount paid for both the units along with interest @ 15% p.a. since 31.03.2005 and 20.01.2005 respectively till date.  However, instead of refunding the amount, the complainant was told to invest money in Sahara India's another Fixed Deposit Scheme for 3 years. The complainant was given an option for refund of her money informing that the invoice for her case was to be issued in favour of old allottee (seller) and TDS was to be deducted for the old allottee and fixed deposit for 3 years was to be converted in the name of complainant thereafter to which she totally disagreed. Stated that she had applied for Sahara City Home in the hope to acquire some home, but she has neither been given any home/unit nor did she get her money back. Even there is no development at site since 2005. Finally, the complainant got served legal notices dated 09.10.2019 and 28.11.2019 upon the Opposite Parties requiring them to refund the money along with interest but all in vain. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP(s), the complainant has filed the instant complaint seeking directions to the OP(s) to refund of the deposited amounts along with interest, compensation and litigation expenses.
  3.         After service of notice upon the OP(s), the OP(s) appeared and filed their written version raising various preliminary objections inter alia that the complainant is not consumer as she is not the original allottee  of the units; that the investment was done for speculative gain but on failed transaction; this Commission has got no territorial jurisdiction to entertain the complaint and that the complaint is barred by limitation. It has further been stated that the option was given as goodwill gesture but the complainant is not a consumer. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the consumer complaint.
  4.         The complainant filed replication to the written reply of the OPs and controverted their stand and reiterating her own.
  5.         The Parties led evidence by way of affidavit and documents in support of the case.
  6.         We have heard the learned Counsel for the contesting parties and gone through the record.
  7.         As per latest development, the Hon’ble Apex Court of India pronounced judgment dated 29-03-2023 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(X).  The Hon’ble Supreme Court observed that the application preferred by Union of India, Ministry of Corporation for appropriate directions to transfer an amount of Rs.5000 Crores out of unutilized amount of Rs.23,937 Crores (lying in Sahara SEBI Refund Account ) to be disbursed  against legitimate dues of the depositors of Sahara Group Cooperative Societies. The Ld.Counsel has stated at Bar that the amount deposited in “Sahara SEBI Refund Account “ is lying unutilized and in fact due to large number of continuing complaints against Sahara Group of Cooperatives Societies and the amount lying unutilized is also consisting of the amount of the depositors of Sahara Group of Cooperatives Societies, if Rs.5000 Crores is transferred to the Central Registrar of Cooperative Societies and thereafter the same is disbursed against the legitimate dues of the depositors of the Sahara Group of Cooperatives Societies, it will be just proper and equitable. He has stated at Bar that on the aforesaid amount, there is no charge and/or attachment of any other agency and the present application has been filed for appropriate direction as prayed, after the series of meetings with the different authorities/ departments, which shall be in larger interest of the depositors of the Sahara Group of Cooperatives Societies. Having heard the learned Solicitor General appearing on behalf of Union of India and facts narrated hereinabove and when it is reported that Rs.2253 Crores had been taken out of the Sahara Credit Cooperative Societies 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 “Sahara SEBI  Refund account” is lying unutilized and the genuine depositors of 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 larger public interest/interest of the genuine depositors of the Sahara Group of Cooperative Societies. Therefore, the present application stands disposed off 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, 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.
  1.         The Hon’ble Supreme Court directed that the amount to be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5000 Crores at the earliest but not later than nine months from the date of order. The balance amount thereafter be again transfer to the “Sahara SEBI Refund Account”.
  2.         The Hon’ble Supreme Court in order to avoid multiplicity of litigation between the Sahara Group of Cooperative Societies and the depositors, in its wisdom, passed above mentioned directions to bring uniformity in the redressal mechanism and in the larger interest of the depositors in order to refund their amount as early as possible but not later than nine months.
  3.         In view of the above observations and directions of the Hon’ble Supreme Court of India, it is clear that the order and directions of the Supreme Court are binding upon all the Subordinate Courts/Tribunals being the law of the land and therefore, it can be safely concluded that the depositors of the amount should file their claim before the Central Registrar of Cooperative Societies at the earliest so that they may get the benefit as soon as possible. Hence, the complainants are allowed to submit their claim(s) before the Central Registrar of Cooperative Societies, along with all requirements, details of their bank accounts, documents of identification, proof of deposits etc. and OPs should facilitate them to get the refund of their deposited amounts, as per the determination of the Registrar, Central Cooperative Societies under the supervision and monitoring of Hon’ble Mr. Justice R Subhash Reddy, Former judge of Hon’ble Supreme Court of India with the able assistance of Shri Gaurav Aggarwal, learned Advocate appointed as Amicus Curiae in this matter. Accordingly, the present complaint as well as all connected complaint, mentioned above, stands disposed off in above terms.
  4.         The pending application (s), if any, stands disposed off accordingly.
  5.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

10.04.2024

 

Sd/

(AMRINDER SINGH SIDHU)

PRESIDENT

Sd/-

(B.M. SHARMA)

MEMBER

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