Haryana

Kaithal

CC/123/2022

Kulwinder - Complainant(s)

Versus

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

Sh.Deepak Seth

18 Jul 2023

ORDER

                

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

 

                                                 Complaint Case No.123/2022.

                                                 Date of institution: 12.05.2023

                                                 Date of decision:    18.07.2023

 

1. Kulwinder wife of Subhash aged about 44 years, resident of Ward No. 5, Cheeka District Kaithal.

 

                                                                        …Complainant.

                        Versus

 

1. Sahara Universal Multipurpose Society Limited, Regd. Office 195, Zone-1, infront of  D.B. Mall, M.P. Nagar, Bhopal, Madhya Pardesh-462011, through its Managing Director.

….OP.

 

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. Deepak Seth, Advocate, for the complainant.   

                Sh. Pardeep Harit, Advocate for OP.

               

ORDER

SUNIL MOHAN TRIKHA, MEMBER

        Kulwinder W/o Sh. Subhash-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 deposited an amount of Rs.50,000/- in Fixed Deposit on dated 23.11.2017 for a period of 3 years vide receipt No. 34019223518, to be returned by the respondent with interest an amount of  Rs. 67,356/- on attaining maturity on dated 23.11.2020. After the date of maturity on dated 23.11.2020, he approached to the office of the respondent and requested to release the amount of FD/Deposit Certificate but respondents refused to the amount of the Deposit Certificate/FD on dated 15.04.2022. So, it is a clear cut case of deficiency in service on the part of OP and prayed for acceptance of complaint.   

2.             On notice, OP 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.:18.07.2023.

                                                                        (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.