Orissa

Cuttak

CC/107/2021

Smt Shikha Sen - Complainant(s)

Versus

Sahara India Parivar - Opp.Party(s)

G S Panda

07 Jul 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                     C.C.No.107/2021

1.            Smt. Shikha Sen,

W/O:Narahari Sen.

          

2.           Twinkle Sen aged about 26 years

 

3.           Shuven Sen aged about 29 years

 

No.2 & 3 both are daughter & son of

Sri Narahari Sen,

At:Old Rausapatna,P.O:Buxibazar,

P.S:Purighat,Town/Dist:Cuttack.                                      ... Complainants.

        

                                                Vrs.

1.       Branch Manager,

Sahara India Parivar,

At:Chandi Chhaka,P.O:Buxibazar,

P.S:Cantonment,Dist:Cuttack.

 

2.      Managing Director,

Sahara Credit Cooperative Society Ltd.,

At:Sahara India Bhawan,

1,Kapoorthala Complex,

                   Aliganj,Dist-Lucknow

226024 State of U.P                                                              ....Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    26.07.2021

Date of Order:  07.07.2022

 

For the complainants        :   Mr. G.S.Panda,Adv. & Associates.

For the O.P No.1                :   Mr. Mr.M.P.Singh,Advocate.  

For O.P No.2                     :                       None.

 

Sri Debasish Nayak,President                                                                     

Case of the complainants in nutshell is that  being insisted by O.P No.1 for depositing money in the fixed deposit scheme, the complainant no.1 in order to get higher interest at the time of maturity  had deposited a sum of Rs.5000/- with the O.P No.1 on 28.3.18 vide receipt no.807382258 and on 28.7,2018 a sum of Rs.30,000/- in shape of two number of fixed deposit certificate vide receipt no.80769527094 & 80769527095 respectively of Rs.15,000/- each and on 10.8.2018 a sum of Rs.30,000/- in two number of fixed deposit certificate vide Receipt No.80769528746 & no.80769528747 Rs.15,000/- each in total Rs.65,000/-(sixty five thousand) only has been deposited in her name for a period of 18 months.  Thus she had obtained five number of fixed deposit certificates from O.P No.2 issued by O.P No.1.  Complainant no.1 being the mother of the other two complainants, had also deposited a sum of Rs.50,000/- (fifty thousand) only vide receipt no.80752948739 on 19.7.2018 in the name of Twinkle Sen & a sum of Rs.40,000/- (forty thousand) in the name of Shuven Sen in three number of fixed deposit certificate dt.24.9.2018 vide Receipt No.80769535723 Rs.15,000/- vide Receipt No.80769535724 Rs.10,000/- & 80769535725 Rs.15,000/- respectively for the period of 18 months.  All those fixed deposits had to matured by the end of March,2020 and accordingly complainant no.1 had approached O.P No.2 for encashing those fixed deposit certificates but she could not encash the same as O.P No.1 avoided on some plea or the other.  The complainant no.1 on 13.7.20 had sent an application to O.P No.1 requesting him for immediate disbursement of the matured amount as she was in need of money but the O.Ps had remained silent for which a legal notice was also sent by the complainant No.1 to the O.Ps through registered post on 18.6.21.  Ultimately, the complainants had approached this Commission demanding the maturity value of all those fixed deposits alongwith interest @ 12% on those amounts from the date of maturity till the final payment is made.  They have also claimed a sum of Rs.30,000/- towards compensation as regards to their mental agony and sufferings and also a sum of Rs.10,000/- towards the litigation expenses.

            The complainants have annexed xerox copies of all the relevant documents and correspondences to support their case.

2.         Out of two O.Ps, O.P No.2 has been set exparte vide order dt.7.12.21.  However O.P No.1 has contested this case and has filed his written version wherein O.P No.1 has taken the plea that the answering O.P is a Society which is formed and constituted under the provisions of Multi-State Co-operative Societies Act,2002.  As such, any dispute should have been referred to Arbitrator under such Act only when such occasion arises in between the Society and its members.  In this context, he has referred to certain decisions of Hon’ble National Commission also.  He has also stated that the matter also could have been referred to Arbitration when such facilities were made available and as such it is prayed by the O.P No.1 to dismiss the complaint as filed with cost.

3.         Keeping in mind the averments of the complaint petition and that of the written version of O.P No.1, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion in this case.

            i.          Whether the case as filed by the complainants is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.Ps?

            iii.        Whether the O.Ps had practised unfair trade here in this case?

            iv.        Whether the complainants are entitled to the reliefs as claimed?

Issues No.2 & 3.

            Out of the four issues, issues no.2 & 3 being the pertinent issues are taken up together first for consideration here in this case.

            The averments as made by the complainants in their complaint petition gains ample corroboration from the documentary evidence as annexed thereto.  On the other hand, O.P No.1 through his written version has drawn attention towards the Society, its by-law and has alleged that in case of any dispute, the matter should have been referred under the Multi-State Co-operative Societies Act,2002,  or through Arbitration proceeding.  But O.P No.1 has not filed a single scrap of paper in order to appraise this Commission that if the complainant no.1 was the Member of the alleged Society and if the complainant No.1 was to abide by the rules & by-laws of the so-called Society of O.P No.1.  Even if there is facility for Arbitration proceeding, there is no bar for the complainants to seek redressal before this Commission.  As such, it is noticed that O.P No.1 through his written version has tried to hoodwink the case of the complainant by casting and cloud upon it but the shillotte of truth is well visible and from the documents/certificates and other materials as annexed to the complaint petition. As such, this Commission has no hesitation to come to a conclusion that definitely by not entertaining the request of the complainant no.1 to release the maturity amount of the fixed deposit certificates, the O.Ps had caused deficiency in service and thereby had practised unfair trade.  Accordingly, these two pertinent issues are answered against the O.Ps in this case.

Issues No.1 & 4.

            When it is noticed that all the fixed deposits as made by the complainant no.1 became matured by the end of March,2020, the same when not disbursed by the O.Ps; this case is definitely maintainable and the complainant is entitled to the reliefs as claimed.  Hence it is so ordered;

 

                                                            ORDER

            The case is decreed on contest against O.P No.1 and exparte against O.P No.2.  Both the O.Ps are found jointly and severally liable in this case.  O.Ps are thereby directed to disburse the total maturity amount of all the fixed deposits as made by the complainant No.1 in favour of the complainants together with interest @ 12% per annum from 1^st of April,2020 till the total amount is quantified.  The O.Ps are further directed to pay a sum of Rs.10,000/- to each of the three complainants towards their mental agony and harassment and also to pay a sum of Rs.10,000/- to the complainants towards the litigation cost as incurred by them. This order is to be carried out within a month hence.

Order pronounced in the open court on the 7^th day of July,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                     

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                              Sri Sibananda Mohanty

                                                                                                                                Member