Haryana

Kaithal

CC/69/2022

Sunita Singla - Complainant(s)

Versus

SAHARAYAN UNIVERSAL MULTIPURPOSE SOCIETY LTD - Opp.Party(s)

Sh.S.K Dua

03 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

 

                                                 Complaint Case No.69/2022.

                                                 Date of institution: 28.04.2022

                                                 Date of decision:    03.08.2023

 

1. Sunita Singla aged 49 years, wife of Sh. Ashwani Singla, resident of House No. 716/26, Near Government School, Shakti Nagar, Kaithal, District Kaithal.

 

                                                                        …Complainant.

                        Versus

 

1. Saharayan Universal Multipurpose Society Ltd. 195, Zone-1, Infornt of D.B. Mall M.P. Nagar, Bhopal (MP).
2. Sh. R.K. Singh, Manager Saharayan Universal Multipurpose Society Ltd. Service Centre, above Yes Bank, Kurukshetra Road, Kaithal.

 

….OPs.

 

Complaint under Section 35 of the Consumer Protection Act, 2019.

 

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. S.K. Dua, Advocate, for the complainant.   

                Sh. Pardeep Harit, Advocate for OPs.

               

ORDER

SUMAN RANA, MEMBER

        Sunita Singla-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OP.  

                    In nutshell, the facts of present case the complainant got reinvested the maturity amount siping from the deposite/investment of Rs. 54,700/- with the opposite parties, in Super BB, Certificate No. 467000920831, under Membership No. 924818000145, vide receipt No. 34033847368 on 28.02.2018 for the period of three years. After the completion the period of three years i.e. on 28.02.2021, he contacted the opposite party No. 2 and branch office of opposite party No. 1 to get the maturity amount but the opposite party No. 2 did not respond to the complainant properly, responsibly and authoritatively but the respondents lingered on the matter on one ground or other.  So, it is a clear cut case of deficiency in service on the part of OPs and prayed for acceptance of complaint.   

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction; non-joinder and mis-joinder of necessary party; concealment of true and material facts. On merits, it is pleaded that the OP is a society, if the complainant who is a member of the society has any grievance or dispute with the society, he is bound to refer their dispute before the Registrar of Cooperative Society. It is further pleaded that complainant never approached the OP regarding the maturity amount. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint with costs.                   

3.             During the pendency of this suit Hon’ble Supreme Court of India in case titled as Pinak Pani Mohanty Versus Union of India and Ors. 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.

4.               Keeping in view the aforesaid judgment, it would not be justified to pursue the present complaint further and now is not maintainable before this Commission.  Hence, the present complaint is hereby disposed of accordingly.  However, complainant is at liberty to apply the claim before the Central Registrar of Cooperative Societies, in accordance with above mentioned writ petition. There is no order as to costs.  A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.

Announced in open court:

Dated.:03.08.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.