Haryana

Panchkula

CC/113/2020

MR.SHAM SUNDER BAGLA. - Complainant(s)

Versus

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

PANKAJ CHANDGOTHIA & SAPNA VASUDEVA.

09 Jun 2023

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

 

Consumer Complaint No	:	110 of 2020
Date of Institution	:	02.03.2020
Date of Decision	:	09.06.2023

Sh.Sham Sunder Bagla S/o Sh. Ram Chander, House No.3312/1, Sector-40D, Chandigarh.                                                                                                                                                                                                                                                       ….Complainant

Versus

1.     M/s Saharayn Universal Multipurpose Society Limited. #195, Zone I, M.P.Nagar, Bhopal-462011 

2.     Sahara Credit Cooperative Society Ltd. SCO No.-1110-1111, Sector-22-B, Chandigarh through its Branch Manager.

3.     Sh. S.P.Kushwaha, Franchisee Head, Sahara Credit Cooperative Society Limited, C/o M/s Sahara India, Office No.16, Shiva Shopping Complex, Rally, Sector-12A, Panchkula-134112. 

….Opposite Parties

 

Present:     Sh. Pankaj Chandgothia, Advocate for complainant.

                Sh. Manish Sharma, Advocate for the OPs No.1 to 3.

                       

                                        And

                                       

Consumer Complaint No	:	112 of 2020
Date of Institution	:	02.03.2020
Date of Decision	:	09.06.2023

Sh.Sham Sunder Bagla S/o Sh. Ram Chander, House No.3312/1, Sector-40D, Chandigarh.

                                                                                                                                                                        ….Complainant

Versus

1.     M/s Saharayn Universal Multipurpose Society Limited. #195, Zone I, M.P.Nagar, Bhopal-462011 

2.     Sahara Credit Cooperative Society Ltd. SCO No.-1110-1111, Sector-22-B, Chandigarh through its Branch Manager.

3.     Sh. S.P.Kushwaha, Franchisee Head, Sahara Credit Cooperative Society Limited, C/o M/s Sahara India, Office No.16, Shiva Shopping Complex, Rally, Sector-12A, Panchkula-134112. 

….Opposite Parties

                                        And

 

Consumer Complaint No	:	113 of 2020
Date of Institution	:	02.03.2020
Date of Decision	:	09.06.2023s

Sh.Sham Sunder Bagla S/o Sh. Ram Chander, House No.3312/1, Sector-40D, Chandigarh.                                                                                                                                                                                                                                                       ….Complainant

Versus

1.     Saharayn Universal Multipurpose Society Limited. #195, Zone I, M.P.Nagar, Bhopal-462011 

2.     Sahara Credit Cooperative Society Ltd. SCO No.-1110-1111, Sector-22-B, Chandigarh through its Branch Manager.

3.     Sh.S.P.Kushwaha, Franchisee Head, Sahara Credit Cooperative Society Limited, C/o M/s Sahara India, Office No.16, Shiva Shopping Complex, Rally, Sector-12A, Panchkula-134112. 

….Opposite Parties

 

Present:     Sh.Pankaj Chandgothia, Advocate for complainant.

                Sh. Manish Sharma, Advocate for the OPs No.1 to 3.

 

                                                And

 

Consumer Complaint No	:	114 of 2020
Date of Institution	:	02.03.2020
Date of Decision	:

Sh.Sham Sunder Bagla S/o Sh. Ram Chander, House No.3312/1, Sector-40D, Chandigarh.                                                                                                                                                      ….Complainant

Versus

1.     Saharayn Universal Multipurpose Society Limited. #195, Zone I, M.P.Nagar, Bhopal-462011 

2.     Sahara Credit Cooperative Society Ltd. SCO No.-1110-1111, Sector-22-B, Chandigarh through its Branch Manager.

3.     Sh. S.P.Kushwaha, Franchisee Head, Sahara Credit Cooperative Society Limited, C/o M/s Sahara India, Office No.16, Shiva Shopping Complex, Rally, Sector-12A, Panchkula-134112. 

….Opposite Parties

 

Present:     Sh.Pankaj Chandgothia, Advocate for complainant.

                Sh. Manish Sharma, Advocate for the OPs No.1 to 3.

 

                                               

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT,  2019.

 

Before:      Sh. Satpal, President.

Dr. Sushma Garg, Member.

Dr. Barhm Parkash Yadav, Member

       

ORDER

(Satpal, President)  

1.             The above mentioned complaints, involving similar question of facts and laws, have been taken up together for their disposal vide common order. The learned counsel for both the parties have consented to the disposal of the said complaints vide a common order. 

2.             For the sake of brevity and to avoid repetition, facts are being taken from consumer complaint bearing No.110 of 2020 (Sham Sunder Bagla Vs. M/s Saharayn Universal Multipurpose Society Ltd. & Ors.) as agreed by both the the Ld. counsels for the parties.

3.             Briefly stated the facts as alleged in the complaint are that the Opposite Parties(hereinafter referred to as OPs) approached the complainant to invest in the fixed deposit scheme of the OPs and informed that, if the complainant’s family invest in the scheme, he would get his investment doubled in six years. The OP No.3 represented that though the name of the scheme is in the nature of a Housing Scheme, but it is in effect a Deposit Scheme with assured returns. As per the allurement, the complainant’s wife had invested a sum of Rs.12,250/- in good faith on 15.12.2017 vide receipt/FD Certificate No.467000136049. The complainant is the nominee of the FD holder. Unfortunately, the wife of the complainant, the FD holder had expired on 25.09.2019. Thereafter, the complainant requested the OPs to pay the Death Maturity benefit of the said FD, which they promised would do, on the complainant surrendering the original FD and submitting other relevant documents. It is stated that the complainant submitted the required documents vide his letter dated 30.10.2019. The said FD has now matured on 18.01.2020. Upon being asked about the delay in repayment, the concerned official of the OPs informed him that due to some alleged financial constraints, the company is not paying any amount to anyone. The complainant several time approached the OPs to make the payment of the above said amount, but the OPs are lingering on the matter on the one pretext or the other and not releasing the maturity amount the complainant. Due to non payment by the OPs, the complainant has suffered a lot of mental agony and physical harassment and financial loss; hence, the present complaint.

                The details of amount paid, as alleged in the above mentioned complaints, are given as under:-

a.       Complaint No.110 of 2020

Sr. No.	Name  of depositor	Relationship with complainant	Certificate No.	Date of Deposit / Amount (Rs.)	Scheme Name
1	Jyoti Bagla	wife	467000136049	15.12.2017/ 12,250	Super BB

                The details of amount paid, as alleged in the remaining above mentioned complaints, are given as under:-

b.       Complaint No.112 of 2020

Sr. No.	Name	Relationship with complainant	Certificate No.	Date of Deposit / Amount (Rs.)	Scheme name
1	Jyoti Bagla	wife	795004012346	28.04.2018/ 25,028/-	Star Two
2	Jyoti Bagla		467004133424	28.04.2018/ 35,696/-	Super BB

C.       Complaint No.113 of 2020

Sr. No.	Name	Relationship with complainant	Certificate No.	Date of Deposit / Amount (Rs.)	Scheme name
1	Jyoti Bagla	wife	105000064830	31.03.2016/ 10,000/-	Super AB

d.       Complaint No.114 of 2020

Sr. No.	Name	Relationship with complainant	Certificate No.	Date of Deposit / Amount (Rs.)	Scheme name
1	Jyoti Bagla	wife	467004133470	31.10.2018/ 28217/-	Super BB

4.             Upon notice, the OPs No.1 to 3 appeared through counsel and moved an application for dismissal of the complaint stating that in case of any dispute between the society and its members, this Commission has got not jurisdiction to entertain this complaint; as such the complaint is liable to dismissed. It is stated that the OPs do not provide any service to its Members and the Members of the society had made contribution for the benefit of the objects of society. It is also stated that the complainant never hired any service of the OP society and that the relation between the complainant and society is that of a Member and Society and not of a consumer and service provider. It is also stated that the matter is liable to be referred to the arbitration.

5.             The complainant has submitted filed reply to the said application that the complaint is maintainable and the complainant’s wife was a member of the society, she was its consumer and the society was a service provider. It is also stated that the dispute between the Members and the Society can be decided by the Consumer Fora. It is submitted that remedy available under the Consumer Protection Act is an additional remedy and arbitration clause cannot be construed as a mandate to the Consumer Forums.

6.             The OPs No.1 to 3 filed written statement raising preliminary objections that the complainant is not a member of the society and he is not competent to file complaint claiming any amount on behalf of his deceased wife for want of legal heir’s certificate; that the complainant does not fall under the definition of the consumer and that there is no relationship of consumer and service provider between the complainant and the OPs. The Sahara Credit Co-operative Society Ltd. is duly registered under “Multi State Cooperative Society Act, 2002” and the complainant is a member of the society, thus, relation between the complainant and the OPs is of member and society. Therefore, for any dispute, between society and member, consumer complaint is not maintainable and is liable to be dismissed. It is submitted that there exists a valid arbitration agreement between the society and complainant/member. It is also stated that as per Section 55 of The Multi State Co-operative Society Act, 2002, a Multi State Co-operative Society shall have a charge on the share or  contribution  or interest in the capital and on the deposits of a member or past or deceased member and on any dividend, bonus or profits payable to a member or post member or the estate of a deceased member  to the society  and may set-off any sum credited or payable  to a member or past  member or the estate of deceased member in or towards payment of any such debt. As per Section 83 of the Multi State Co-operative Society Act, 2002, Central Registrar has power to make an order, after inquiry, to repay or restore the money or property or any part thereof, with interest at such rate, or to pay contribution and costs or compensation to such extent, as the Central Registrar may consider just and equitable.

7.             On merits, it is stated that the complainant is not the member of the society and he is not competent to file the present complaint seeking the refund of the deposited amount. It is submitted that the wife of the complainant had herself visited at the office of the OPs and became the member of the society to get benefits of the said scheme and as far as opening of the said scheme is concerned, the same is matter of record. The Society was always ready to make the payment as per the conditions of scheme but due to enhanced demand of interest on maturity amount, the payment could not be made to the complainant at that time. There is a valid arbitration agreement between the parties and OPs always works as per the terms of the agreement and byelaws of the society. Further, the complainant had demanded enhanced interest beyond the scheme and scope of the agreement in his notice; hence the same was rejected by the OPs and the dispute has arisen which is dispute between member and society and hence, this Commission have no jurisdiction to entertain the present complaint; so, there is no deficiency in service on the part of the OPs and prayed for dismissal of the present complaint.

8.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-3 in evidence and closed the evidence by making a separate statement. On the other hand, the ld. counsel for the OPs, by making a separate statement, stated that the written statement filed on 17.02.2021 may be read into evidence on behalf of the OPs and closed the evidence.

9.             We have heard learned counsel for both the parties and have gone through the entire record available on the file including written arguments filed by the learned counsel for the OPs, minutely and carefully.

7.             During the pendency of the afore-mentioned complaints, certain intervening and relevant facts, including the orders of the Hon’ble Supreme Court of India, the Hon’ble High Court of Punjab and Haryana and UT State Consumer Disputes Redressal Commission, UT Chandigarh, have been brought to our notice, which have a material bearing on the cases in hand.

8.             It is pertinent to mention here that some consumer complaints, involving similar question of facts and laws, have been decided by the Commission, in favour of the complainants, directing Sahara Group of Co-operative Societies to release the payment of maturity amount in favour of the depositors/complainants with interest and compensation. However, M/s Saharayn Universal Multipurpose Society Limited, which is also a group of Sahara Group of Co-operative Societies, in certain other matters, approached the Hon’ble Punjab and Haryana, High Court by way of filing the CWP No.5008 of 2022 and CWP No.6813 of 2022 disputing the relationship of a consumer and service provider between the depositors/complainants on one hand and the Sahariyan Universal Multipurpose Society Limited on the other hand. Keeping in view the interim orders passed by the Hon’ble High Court in said writ petitions, the Hon’ble State Commission UT, Chandigarh in execution application no.EA.116 OF 2021 in complaint case number CC-38 of 2020 titled as Ram Kumar Vs. Sahara India Pariwar Ltd. adjourned the matters Sine die to await the decision of the Hon’ble Punjab and Haryana High Court in CWP No.5008 of 2022 and other connected writ petitions.

9.             The final decision settling the dispute as raised in the aforementioned writ petitions qua the relationship of a consumer and service provider may take a long time, preventing the implementation of the orders passed in consumer complaints against Sahara Group of Co-operative Societies.

10.            Now, the orders passed by the Hon’ble Supreme Court of India, in Sahara connected matters have been brought to the notice of this Commission. Keeping in view the grievances of the depositors of the various schemes, floated by the Sahara Group of Co-operative Societies, an application no.56308 of 2023 was filed by the Union of India Ministry of Corporation in writ petition no.191 of 2022 titled as Pinak Pani Mohanty Vs. Union of India & Ors. in the Hon’ble Apex Court seeking directions to transfer the amount of Rs.5,000/-crores out of utilized amount of Rs.23,937/-crores(lying in “Sahara-SEBI Refund Account”) for onward disbursement  of the same to the genuine depositors of Sahara Group of Co-operative Societies. The Hon’ble Apex Court disposed of the said application vide its order dated 29.03.2023 by issuing several directions. For the sake of convenience and clarity, the relevant directions issued vide said orders at serial no.1, 2 & 4, are reproduced as under:-

1. Out of  the total amount of Rs.24,979.67 crores  lying in the “Sahara-SEBI Refund Account”, Rs.5000crores 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 claims and to be deposited  in their respective bank account directly.
2. The disbursement shall be supervised and monitored by Justice R.Subhash Reddy, Former Judge of this Court with the able assistance of Shri Gaurav Agarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R.Subhash Reddy as well as the Central Registrar of Cooperative Societies in 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 Agarwal, learned Advocate.
3. –
4. We direct that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5000crores at the earliest, but not later than nine months from today. The balance amount thereafter be again transferred to the “Sahara-SEBI Refund Account”.

11.            The Hon’ble Apex Court, in the larger interest of depositors, has issued the above mentioned directions so as to bring uniformity in the redressal mechanism as also to enable the depositors to seek the refund of their deposited amount as early as possible. Pertinently, as per directions issued by the Hon’ble Apex Court vide its said order dated 29.03.2021, the manner and modalities for making disbursement of the deposited amount to the consumers is to be worked out by Central Registrar of Cooperative Societies under the guidelines of R.Subhash Reddy Former Judge of the Hon’ble Supreme Court and Sh. Gaurav Aggarwal, Advocate. Moreover, the disbursement of the deposited amount, by various consumers/depositors in the schemes, floated by the Sahara Group of Co-operative Societies, shall be supervised and monitored by Justice R.Subhash Reddy Former Judge of the Hon’ble Supreme Court with the assistance of Sh.Gaurav Aggarwal, the learned Advocate, who is appointed as Amicus Curiae to assist justice R.Subhash Reddy as well as Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Co-operative Societies.

12.            The complainant, in the said complaints have sought the directions against OPs(Sahara Group of Cooperative Societies) to release the payment of the deposited amount in the schemes, floated by OPs.

13.            After going through the peculiar facts and circumstances of the present case, we are of the firm and considered opinion that a holistic and wholesome view must be taken in order to provide practical relief to the complainant and prevent them from being engrossed in multiplicity of litigations, which would go against the very spirit of the Consumer Protection Act, which is a piece of benevolent legislation enacted to provide speedy and easy redressal of consumers grievances at nominal cost.

14.            In our considered opinion, keeping in view  the totality of the facts and circumstances of the aforementioned complaints as also the directions issued by the Hon’ble Apex Court in case(supra), it would serve the ends of justice, if the aforementioned complaints are disposed of with the directions to the complainant to approach the Central Registrar of Co-operative Societies for determination of their respective claims and thereafter, disbursement of the deposited amount to him by OPs; accordingly, the present complaints are disposed of with the directions to the complainant to submit the claim(s) before the Central Registrar of Cooperative Societies, along with all requirements, details of their bank accounts, documents of identification, proof of deposits etc. and Ops are directed to facilitate him to get the refund of the deposited amounts, as per the determination of the Registrar, Central Cooperative Societies under the supervision and monitoring of justice R. Subhash Reddy, Former judge of Hon’ble Supreme Court of India with the assistance of Shri Gaurav Aggarwal, learned Advocate appointed as Amicus Curiae in this matter. However,  with a Caveat, that in the event of the complainant’s grievance not being redressed in the above manner,  the complainant will be entitled to institute a fresh complaint  on the same cause of action with updated facts and events before the competent Consumer Commission. The said complaint, if any filed, shall be considered and decided as per law. Needless to say, that the time spent in prosecution of the present  complaint  and in the prosecution of the claim before the Central Registrar of Cooperative Societies, will be liable to be excluded for  the purpose of counting limitation for filing complaints as prescribed under the Consumer Protection Act, 2019.  A copy of this order shall be forwarded, free of cost, to all the parties in all the aforementioned connected complaints and file be consigned to record room after due compliance.

15.            Certified copy of this order be placed in the all the connected complaints cases bearing no.112 of 2020, 113 of 2020 and 114 of 2020.

Announced:09.06.2023

 

 

 

Dr.Barhm Parkash Yadav      Dr.Sushma Garg            Satpal

                Member                            Member               President

 

Note: Each and every page of this order has been duly signed by me.

 

          Satpal                             

                                                President