Punjab

Ludhiana

CC/21/488

Ram Bachan Yadav - Complainant(s)

Versus

Saharayn Universal Mult. Society Ltd - Opp.Party(s)

Ajay chawla Adv

12 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 488 dated 22.10.2021.                                                       Date of decision: 12.06.2023. 

Ram Bachan Yadav son of Ram Asre, resident of House No.B-XXIX-1251/C29/A, Street No.2, Block-C, Isher Nagar, GNE College, Ludhiana.                                                                                          ..…Complainant

                                                Versus

1.Saharayn Universal Multipurpose Society Limited, having its registered office at 195, Zone-1, In front of D.B.Mall, M.P.Nagar, Bhopal, Madhya Pardesh-462011 through its Chairman/President/Authorized Representative.

2.Saharayn Universal Multipurpose Society Limited having its authorized centre at Sahara India Pariwar, F.C. Office, 4372, Ground Floor, Swarn Complex, Gaispur Road, Lohara, Ludhiana through its Branch Manager/ Authorized Representative.

3.Sahara Credit Cooperative Society Limited, having its registered office at Sahara India Bhawan, 1, Kapoorthala, Complex, Aliganj, Lucknow, Uttar Pradesh-226024, through its Chairman/President/Authorized Representative.

4.Sahara Credit Cooperative Society Limited having its authorized centre at Sahara India Pariwar F.C.Office, 4372, Ground Floor, Swarn Complex, Gaispur Road, Lohara, Ludhiana through its Branch Manager/ Authorized Representative.                                                                                                                                                                                    …..Opposite parties

Complaint Under Section 35 of the Consumer Protection Act as amended upto date

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. J.K.Kapila, Advocate.

For OP                           :         Sh. Sandeep Kumar, Advocate.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Briefly stated, the facts of the case are that in the month of January, 2016, the agent of the opposite parties approached the complainant and allured him to deposit his savings with them representing that the opposite parties is a big company and are providing best financial services in the market and if the complainant chooses to avail their services, he would certainly be able to have a secured financial future for himself and his family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant deposited Rs.35,000/-, Rs.67,522/- and Rs.10,000/- in the plan of the opposite parties and the opposite parties issued three certificates No.795000554260, 795000554363 under membership No.924296000206 and certificate no.925010715599 having account No.27037800611 under Membership No.27031900220 in  favour of the complainant. At the time of said deposit, the agent of the opposite parties promised the complainant that he will get handsome interest on the said amount and the said amount is deposited in fixed deposit scheme having the aforesaid membership was to be matured on 28.05.2021 and 24.01.2021. On the completion of the maturity period, the complainant approached the opposite parties to release the agreed maturity amount along with interest but initially they kept the matter pending on one pretext and another. The agreed amount along with interest was not disbursed despite complainant’s repeated requests and visits to the office of the opposite parties. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency in service and further prayed for refund of the amount of Rs.35,000/-, Rs.64,522/- and Rs.11,470/- along with interest and compensation to the tune of Rs.5,00,000/- on account of mental agony, harassment and distress. The complainant also claimed litigation expenses.

2.                Notice of the complaint was issued to the opposite parties who filed a joint written statement. The opposite parties took a preliminary objection that the complainant is not a consumer of the opposite parties. The opposite parties is a society duly registered under “Multi State Co-operative Society Act, 2002” (hereinafter called as Act) and the complainant being member of the society cannot be considered as a consumer within the meaning of the Consumer Protection Act. The opposite parties also further took the objection that there exists an Arbitration clause as contemplated in the Section 84 of the said Act, the dispute is liable to be referred to the Arbitrator. On merits, the opposite parties could not deny the investments made by the complainant. However, the payment if any made, the same was strictly payable as per terms and conditions of the contribution. So the opposite parties prayed for dismissal of the complaint.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copy of his Aadhaar Card as Ex.C1, copies of certificates No. 795000554260, 795000554363 and 925010715599 issued by the OPs as Ex.C2 to Ex.C4 and closed the evidence.

4.                On the other hand, the counsel for the opposite parties tendered in evidence affidavit Ex.RA of Sh.Shiv Ram, authorized representative of opposite parties and closed the evidence.

5.                We have heard the counsel for the parties and also perused and examined the record and following points of determination arises there from:-

(i) Whether the complainant being the member of Saharayn Universal Multipurpose Society Limited was required to avail the remedy provided under this Act instead of filing the present complaint?

(ii) Whether there is a deficiency in service on the part of the opposite parties, if so, its effect?

6.                The counsel for the opposite parties had vehemently argued that the grievance of the complainant can only be redressed by availing remedy under the Act which expressly bars the jurisdiction of the civil court including that of this Commission. In support of the arguments, he relied upon the following citations:-

a.         M/s. Anjana Abraham Chembethil Vs The Managing Director of Koothattukulam Farmers Service Co-operative Bank Ltd. in Revision Petition No.4871 of 2012 decided on 02.09.2013

b.        2017(2) C.P.R. 246 in Andhra Bank and others Vs Akhil Bhartiya Brahamina Karivena Nitya Annadana Satram Srisallam and another

c.         1998(1) C.P.C. 675 in Indrapuri Nagari Sahakari Pat Sanstha Limited Vs Shri Suryakant Ramchandra Gomase

d.        Smt. Paramita Deb Vs The Sector Head in Case No.A.2.2021 decided on 10.05.2021 by the Hon’ble Tripura State Consumer Disputes Redressal Commission, Agartala.

7.                On the other hand, the counsel for the complainant contends that the existence of alternative relief does not bar the complainant to avail remedies under the Consumer Protection Act.

8.                We have considered the contentions of the counsel for both the parties and are of the opinion that there is a force in the contentions of the counsel for the complainant. The Consumer Protection Act being a special enactment created an additional remedy in favour of the consumers to raise consumer disputes before the Consumer Commissions constituted under this Act. Section 100 of the Consumer Protection Act provides that the provision of this act shall be in addition to and not in derogation of provisions of any other law for the time being in force. In this regard, a reference can be made the law laid down in Mandatai Sambha Ji Pawar and another Vs State of Maharashtra passed in Writ Petition No.117 of 2011 decided on 03.05.2011 by the Hon’ble Bombay High Court whereby it has been held that the remedy under Consumer Protection Act is a remedy in addition to the remedy provided under Section 91 of the Maharashtra Co-operative Societies Act and the jurisdiction of the Consumer Forum and other authorities under Consumer Protection Act is not excluded expressly or by necessary implication by section 91 of the Maharashtra Co-operative Societies Act. In this regard, a reference can also be made to the law laid down in decision of the Supreme Court in Secretary, Thirumurugan Co-operative Agricultural Society vs. M. Lalitha, 2004 (1) SCC 305 whereby also it was held that the remedy available under Consumer Protection Act 1986 for redressal of disputes are in addition to the remedy available under the Co-operative Societies Act and Section 156 of the Co-operative Societies Act cannot stand in the way of filing a complaint under Consumer Protection Act. Therefore, it cannot be said that against the Cooperative Society, the complaint is not maintainable under the Consumer Protection Act.

9.                It was the bounden duty of the opposite parties to honour the contractual obligation within the stipulated time. Even the opposite parties have not specifically denied the investment made by the complainant with it nor lead any evidence in this regard. The act and conduct of the opposite parties firstly in inducing the complainant by lucrative offer to invest his hard earned money and then subsequently delaying agreed payment amounts to deficiency of service. Rather it appears that the opposite parties had dishonest intentions to cheat since the inception of the dealing between the parties. 

10.              Moreover, it has also not been disputed that as per certificate Ex.C2, the complainant invested a sum of Rs.35,000/- with the opposite parties. Further, as per certificate Ex.C3, the complainant invested a sum of Rs.67,522/- with the opposite parties. Further, as per certificate Ex.C4, the complainant invested a sum of Rs.10,000/- with the opposite parties. This fact has not been specifically denied by the opposite parties in their written statement. It is settled that if the fact is not specifically denied in the written statement, it deemed to be admitted by the opposite parties. In the certificates Ex.C2 and Ex.C3, the amount of maturity and date of maturity is not mentioned but in the certificate Ex.C4, the amount of Rs.11,470/- after maturity on 24.01.2021 has been specifically mentioned. Rate of interest is not mentioned in these certificates Ex.C2 to Ex.C4. However, in written statement as well as in affidavit, it has been admitted by the OPs that this investment was for three years and as such the date of maturity is worked out to be three years from the date of investment i.e. 28.01.2016 for Ex.C2 and 10.02.2016 for Ex.C3. In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the amount of Rs.35,000/- and Rs.67,522/- against certificate Ex.C2 and Ex.C3 with interest as per contractual terms and conditions till 27.01.2019 against Ex.C2 and till 09.02.2019 against Ex.C3. Complainant will be also entitled to further interest @8% per annum w.e.f.01.05.2019 on the maturity amount so worked out till the date of actual payment. Complainant will also be entitled to the refund of Rs.11,470/- against certificate Ex.C4 with interest @8% per annum from 01.05.2021 till date of actual payment along with composite costs and compensation of Rs.10,000/- to the complainant. 

11.              As a result of above discussion, the complaint is allowed and the opposite parties shall be jointly and severally liable to refund the amount of Rs.35,000/- and Rs.67,522/- against certificate Ex.C2 and Ex.C3 with interest as per contractual terms and conditions till 27.01.2019 against Ex.C2 and till 09.02.2019 against Ex.C3. Further, opposite parties shall be jointly and severally liable to refund of Rs.11,470/- against certificate Ex.C4 with interest @8% per annum from 01.05.2021 till date of actual payment. The opposite parties shall further pay a composite costs and compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules.

12.              File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

Announced in Open Commission.

Dated:12.06.2023.

Gurpreet Sharma