Haryana

Panchkula

CC/11/2022

SMT.MEENA . - Complainant(s)

Versus

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

VISHAL SAHNI

24 Nov 2023

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

 

Consumer Complaint No	:	11 of 2022
Date of Institution	:	12.01.2022
Date of Decision	:	24.11.2023

 

Smt. Meena Wife of Late Sh. Shankar Shah, aged about 61 years approx., resident of 1976, ward no.10, lower Kurari, Tehsil Kalka, District Panchkula-133302, Haryana.

                                                                                                                                                                              ….Complainant

Versus

1.Saharayn Universal Multipurpose Society Ltd. through its President regd. Office at: 195, Zone 1, in front of D.B.Mall, M.P.Nagar, Bhopal, Madhya Pradesh-462011.

2.Saharayn Universal Multipurpose Society Ltd through its Secretary regd. Office at: 195, Zone 1, in front of D.B.Mall, M.P.Nagar, Bhopal, Madhya Pradesh-462011

3.Vidhyachal Prasad Gupta, Branch Manager, Saharayn Universal Multipurpose Society Ltd branch office at Sahara India, Building no.929, Second Floor, near Axis Bank, Kalka.

4.Sh.Sanjay Tyagi Regional Manager Saharayn Universal Multipurpose Society Ltd Sahara India Gohana Road Panipat.

5.Bhoj Raj Sharma(CPMR-1) authorized agent Saharayn Universal Multipurpose Society Ltd branch office at Sahara India, Building no.929, Second Floor, near Axis Bank, Kalka.

6.Sahara India through its Chairman/MD/ED/CEO, Sahara Group Office at Sahara Information & Contact Point PO box no.2, Gomtinagar, Lucknow-226010.

        IInd address: Sahara India Bhawan-1, Tower-7, Centre-2, Kapoorthala Complex, Lucknow-226024(U.P.)

        IIIrd address:     Delhi Corporate Office Sahara India Complex C-2, C-3, C-4, Sector-11, Noida-201301(NCR).

        IVth address:Mumabi office Sahara India Point CTS 40-44, Swami Vivekanand Road, Goregaon(West) Mumbai-400104, Maharashtra.

….Opposite Parties

                                                 

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

 

Before:      Sh.Satpal, President.

Dr.Sushma Garg, Member.

Dr.Barhm Parkash Yadav, Member

 

 

Present:     Sh.Vishal Sahni, Advocate for complainant.

Defence of OPs No.1 to 4 & 6 struck off vide order dated 28.06.2022.

None for OP No.5.

 

 

(Per Satpal, President)  

 

1.The above mentioned complaint is fixed for submission of documentary evidence in the shape of affidavit etc. by the OP No.5 but the same has not been filed. However, the learned counsel for the complainant, at this stage, has prayed for the disposal of the complaint as per the directions issued by the Hon’ble Apex Court in I.A.No.56308 of 2023 in Writ Petition (C) No.191 of 2022 on 29.03.2023 in case titled as Pinak Pani Mohanty Vs. Union of India and Ors.

2.Briefly stated, the facts as alleged in the complaint, are that the executive of Opposite Party(hereinafter referred to as OP) approached the complainant, in the year 2016 asking her, to invest  in the bonds, namely, “STAR TWO CATEGORY”, belonging to the OPs. The executive of OPs informed the complainant that this plan was flexible, wherein she would be required to make the payment in flexible mode i.e. vide 64 installments. As per the allurement, the complainant had agreed to invest in the said scheme and accordingly, she became a member of the scheme vide membership no.924005000099, certificate no.795000158930 and invested a sum of Rs.1,00,198/- vide receipt no.34016496080 dated 30.01.2016. The complainant invested another sum of Rs.15,000/- vide receipt no.34016496125 dated 01.02.2016/ certificate no.795000158931.  The said amount was deposited for a period of 64 months i.e.5 years 4 months. It is stated that she was assured to get the double amount i.e. Rs.2,30,396/- in total on maturity. It is alleged that she visited the office of the OPs several times to seek the release of the maturity amount but she was asked to make the payment of Rs.15,000/- so as to get the release of entire amount. It is also alleged that OP No.3 had demanded the commission to the extent of 10% of the whole amount. It is further stated that she is requesting the OPs since June-July 2021 to release her maturity amount but to no avail.  Due to the non-payment of the maturity amount by the OPs, the complainant has suffered a lot of mental agony and physical harassment and financial loss; hence, the present complaint.

3.Upon notice, the Ops No.1 to 4 & 6 had appeared through counsel on 25.03.2022 by filing power of attorney to contest the complaint but written statement was not filed on behalf of OPs No.1 to 4 & 6 during the statutory period of 45 days; as such, the defence of OPs No.1 to 4 & 6 was struck off by this Commission, vide its order dated 28.06.2022.

4.Upon notice, OP No.5 appeared through counsel and filed written statement raising preliminary objections that no cause of action has accrued in favour of the complainant. It is submitted that the complainant has allegedly invested the amount in certificate on 30.01.2016 and 02.01.2016, wherein OP No.5 has no role. It is submitted that OP No.5 is neither a necessary party nor a proper party. It is submitted that the alleged certificates dated 30.01.2016 & 01.02.2016, wherein the complainant had invested the amount, were not issued by or under the signature of OP No.5. It is submitted that OP No.5 had no role in the issuance of alleged certificates dated 30.01.2016 & 01.02.2016. On merits, it is stated that the averments made in the complaint are a matter of record.   Rest of the allegations alleged by the complainant has been denied and it has been prayed that there is no deficiency in service on the part of the OP No.5 and as such, the complaint is liable to be dismissed.

5.The learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 & C-5 in evidence and closed the evidence by making a separate statement.

6.We have heard the learned counsel for the complainant and gone through the entire record available on the file, minutely and carefully.

7.During the pendency of the present 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 facts 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 scheme 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 present complaint has sought the directions against OPs(Sahara Group of Cooperative Societies) to release the payment of her 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 her 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 present complaint as also the directions issued by the Hon’ble Apex Court in case(supra), it would serve the ends of justice, if the present complaint is disposed of with the directions to the complainant to approach the Central Registrar of Co-operative Societies for determination of her respective claims and thereafter, disbursement of the deposited amount to her by OPs; accordingly, the present complaint is 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 her bank accounts, documents of identification, proof of deposits etc. and Ops are directed to facilitate her 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 the parties and file be consigned to record room after due compliance.

Announced:24.11.2023

 

 

 

     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

 

         C.C.No.11 of 2022

Present:             Sh.Vishal Sahni, Advocate for complainant.

        Defence of OPs No.1 to 4 & 6 struck off vide order                   dated 28.06.2022.

        None for OP No.5.

 

        Arguments heard on behalf of the complainant. Vide a separate order of even date, the present complaint is disposed of accordingly.

A copy of the order be sent to the parties free of costs and the file be consigned to the record room after due compliance.

Dt.24.11.2023

          

 

           Dr.Barhm Parkash Yadav    Dr.Sushma Garg            Satpal

                 Member                          Member                 President