Chandigarh

DF-II

CC/736/2022

DOLLY SETHI - Complainant(s)

Versus

SAHARA INDIA PARIVAR - Opp.Party(s)

VIPUL GOEL

08 Sep 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	736/2022
Date of Institution	:	17.10.2022
Date of Decision	:	08.09.2023

 

                                               

 

 

Mrs.Dolly Sethi aged about 52 years w/o Sh.S.K.Sethi r/o H.No.338, Sector 48-A, Chandigarh.

 …. Complainant .

Versus      

1.      The Sahara India Parivar Limited through its Director, 2nd Floor, SCO No.1110-1111, Sector 22-B, Chandigarh

2.      Saharayn Universal Multipurpose Society Ltd., 195 Zone-1, MP Nagar, Bhopal, Madhya Pradesh-462011.

…. Opposite Parties.

BEFORE:  

SHRI AMRINDER SINGH SIDHU, PRESIDENT

SHRI B.M.SHARMA, MEMBER

 

PRESENT:-

Sh.Ankit Kumar, Proxy for Sh.Vipul Goel, Counsel of complainant

                   Sh.Ishneet Bhatia, Counsel of the OPs.

 

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

1.           By dint of this common order, we propose to dispose off 05 connected consumer complaints in which common questions of law and fact are involved. The particulars of the case and the details of the deposited amount 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 Deposited (In Rs.)  & Joining Points
	736/2022	Dolly Sethi	Vs.	The Sahara India Parivar Limited etc.	4,41,878/- 2,30,254/-
	9/2023	Dolly Sethi	Vs.	The Sahara India Parivar Limited etc.	25000/-
	10/2023	Dolly Sethi	Vs.	The Sahara India Parivar Limited etc.	25000/-
	11/2023	Dolly Sethi	Vs.	The Sahara India Parivar Limited etc.	42000/-
	12/2023	Dolly Sethi	Vs.	The Sahara India Parivar Limited etc.	25000/-

 

2.           The facts are gathered from C.C.No.736/2022-
   Dolly Sethi Versus The Sahara India Parivar Limited etc.
3.           The complainant has filed the present complaint pleading that the complainant deposited the amounts as mentioned in the table above under one of the fixed deposit schemes of the OP No.2 on different dates and on its date of maturity, the complainant was to get the maturity amount.  On its maturity, the complainant requested the OPs to release the maturity amount but the complainant was told that the fixed deposits can only be re-invested and the same cannot be withdrawn on its maturity.  The complainant approached the OPs many times but they started lingering on the matter on one or the other pretext.  Finally, the complainant got served the legal notice upon the OPs requiring them to refund the deposited amount with interest. 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 maturity amount along with interest, compensation and litigation expenses.
4.           After service of notice upon the OP(s), the OP(s) appeared and filed their written version raising preliminary objections that this Commission has no jurisdiction to entertain the complaint. It has been stated that the complainant admitted to membership of the society as per the provisions of MSCSA 2002 and therefore, the provisions of the said Act as well as the rules and byelaws of the society are binding upon the complainant. It has been stated that the complainant himself admitted that the OPs have issued the Membership certificate and as such the complainant  is the member of the society.  It has further been pleaded that the relationship between the complainant and the OPs is of Member and Society and therefore, for any dispute between the society and the Member, consumer complaint is not maintainable. It has been 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 the complainant had shared the amount under the scheme of the OPs. It has further been pleaded that the members of the society make contribution as per their will and desire under the schemes for furtherance of the objects of the society and the contribution cannot be construed as deposit. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.
5.           The ld. Counsel for the OPs has also moved application(s) for dismissal of the complaint.
6.           The complainant has opposed the aforesaid application(s) filed by the OPs.
7.           The Parties led evidence by way of affidavit and documents in support of the case.
8.           During the course of arguments, the Counsel for the OPs has submitted the complaint is liable to be dismissed in view of the decision passed by the Hon’ble Supreme Court of India in I.A.No.56308/2023 –Application for Directions, with W.P.(C) No.6/2023 (X) dated 20-03-2023 titled as ‘Pinak Pani Mohanty Vs. Union of India & Ors. (Writ Petitions) (Civil) No(s).191/2022, decided on 29.03.2023.
9.           We have heard the learned Counsel for the contesting parties and gone through the record as well as written submissions.
10.           The main complaint as well as the application moved by OPs for dismissal of the case, are taken-up together.
11.           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.

12.           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”.
13.           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.
14.           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 complaints, mentioned above, stands disposed off in above terms.
15.           The pending application (s), if any, stands disposed off accordingly.
16.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.09.2023

 

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M. SHARMA)

MEMBER