Haryana

Karnal

CC/644/2021

Shiv Charan - Complainant(s)

Versus

Sahara India Real Estate Corporation Limited - Opp.Party(s)

Naresh Sharma

15 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                                     Complaint.No.644 of 2021

                                                                     Date of instt.18.11.2021

                                                                     Date of Decision:15.06.2023

 

Shiv Charan son of Sh. Hari Singh, resident of village Seikhpura Khalsa, Tehsil Gharaunda, District Karnal.

…….complainant.

                                                Versus

1. Sahar India Real Estate Corporation Limited, Command and Regd., Sahara India Bhawan, 1 Kapoorthala complex, Aliganj, Lucknow, Uttar Pardesh, through its authorized signatory.
2. Sahara India Commercial Corporation Ltd., Arainpura road, near main GT road, Gharaunda, Tehsil Gharaunda, District Karnal, through its authorized signatory..

                                                                                      …..OPs.

Complaint under Section 35 of Consumer Protection Act, 2019.

Before       Sh. Jaswant Singh………President.  

                   Sh. Vineet Kaushik……… Member.

                   Dr. Rekha Chaudhary……..Member.

 

Present: Sh. Naresh Sharma, counsel for the complainant.

              OP-1 exparte vide order dated 24.02.2023.

                (VINEET KAUSHIK, MEMBER)

ORDER:

                Today the case is fixed for notice to the OP-2. Notice not received back either served or unserved.

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.

       The abovesaid order has brought in the knowledge of the complainant but inspite of withdraw the present complaint, he wants to pursue the present complaint further before the Commission.

       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:15.06.2023.                

                      President, 

District Consumer Disputes

Redressal Commission, Karnal.

 

(Vineet Kaushik)   (Dr. Rekha Chaudhary) 

  Member                Member