Punjab

Ludhiana

CC/24/296

Kailash Rani - Complainant(s)

Versus

Saharayn Universal Multipurpose Society Limited - Opp.Party(s)

06 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  296 dated 01.04.2024.                                                       Date of decision: 06.06.2024. 

Kailash Rani wife of Sh. Manmohan Dhingra, R/o. House No.4311 C-30, Street No.6, Near Moti Nagar Police Station, Kirti Nagar, Ludhiana. Mob. No.8908896764.

                                                Versus

1. 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. nd Floor, Near Dada Motor, G.T. Delhi Road, Ludhiana through its Branch Manager/Authorized Representative. Pincode-141003.

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

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Sh. Shivam Dhingra, authorized rep. of                                                          complainant in person.

For OPs                          :         Sh. Sandeep Kumar, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant had worked day and night for her earnings and now she is dependent on pension. In the month of November 2018, the agent of the opposite parties approached the complainant and allured her to deposit her 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, she would certainly be able to have a secured financial future for herself and her family members. Acting upon and induced by the repeated assurance of the opposite parties, the complainant invested 1,38,334/- in Fixed Deposit Plan of the opposite parties. The agent of the opposite parties also got some blank papers signed from the complainant in good faith. The opposite parties issued certificate No.787003393553 in  favour of the complainant wherein it was mentioned that the complainant would get a interest and will get maturity amount with interest on 22.05.2020. 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. The complainant requested OP2 that due to bad financial situation of her family due to COVID-19, she need the funds so deposited by her with the opposite parties but no one paid any heed to her request. 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.1,38,334/-  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.                Upon notice, the opposite parties appeared and filed a joint written statement by taking 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 investment made by the complainant with them. So the opposite parties prayed for dismissal of the complaint.

3.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record copy of Aadhar Card as Ex. C1 and also tendered certificate No.787003393553 issued by the opposite parties and closed the evidence.

4.                On the other hand, along with the written statement, the opposite parties relied upon a short affidavit as Ex. RA submitted by Sh. Sunil Singh, authorized representative of the opposite parties and closed the evidence.

5.                It is pertinent to mention here that this complaint was initially allowed by our learned predecessor vide order dated 31.10.2022. However, the complainant went in appeal before the Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh and the appeal was allowed vide order dated 21.02.2024 passed by the Hon’ble State Commission whereby the case was remanded back to this Commission with direction to decide the case afresh with the following observation:-

“……due to inadvertent typographical mistake, the complaint case number and name of the opposite parties were wrongly replaced with each other, which further resulting in mismatching the facts and record of the appeal with the record of the District Commission. In the background of the present situation, we are of the considered opinion that the present appeal cannot be decided on merits judiciously, without rectifying the impugned order dated 31.10.2023, as it would further lead to multiplicity of the error. Accordingly, the impugned order is liable to be set aside and the complaint is required to be remanded back for deciding the same afresh after properly appreciating the correct particulars as well as facts and evidence of the actual complaint.

7.       In view of our above discussion, we set aside the impugned order passed by the District Commission. Accordingly, the appeal is disposed off and the case is remanded back to the District Commission, Ludhiana with a direction to decide the same afresh after properly appreciating the correct particulars as well as facts and evidence of the actual complaint……..”

 

6.                In view of the order dated 21.02.2024 passed by the Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh, the complainant appeared in person on 24.04.2024 as well as the OPs put in appearance through Sh. Sandeep Kumar, Advocate on 29.05.2024.

7.                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 Sahara Credit Co-operative 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?

8.                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.

9.                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.

10.              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.

11.              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 them nor they lead any evidence in this regard. The act and conduct of the opposite parties firstly inducing the complainant by lucrative offer to invest her hard earned money and then subsequently delaying agreed payment amounts to deficiency in service. Rather it appears that the opposite parties had dishonest intentions to cheat since the inception of the dealing between the parties. 

12.              Moreover, it has also not been disputed that the complainant invested amount of Rs.1,38,334/- with the opposite parties as per certificate Ex. C2. This fact has not been specifically denied by the opposite parties in the 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. Even otherwise, it is evident from the certificate Ex. C2 that the complainant invested Rs.1,38,334/- with the opposite parties on 22.11.2018 having maturity value of Rs.1,61,989/- as on 22.05.2020. In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to pay the maturity amount of Rs.1,61,989/- with interest @8% per annum  from 22.05.2020 till date of actual payment along with composite costs and compensation of Rs.10,000/-. 

13.              As a result of above discussion, the complaint is allowed and the opposite parties are directed to pay the maturity amount of Rs.1,61,989/- with interest @8% per annum  from 22.05.2020 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. File be indexed and consigned to record room.

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

Announced in Open Commission.

Dated:06.06.2024.

Gobind Ram.