Haryana

Kaithal

CC/182/2022

Nitu - Complainant(s)

Versus

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

Sh.Rajinder Sharma

16 Aug 2023

ORDER

                       

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

 

                                                 Complaint Case No.182/2022

                                                 Date of institution: 26.07.2022

                                                 Date of decision:    16.08.2023

 

1. Nitu wife of Harpinder Singh aged about 40 years, resident of House No. 225, Village Theh Birad, Khushhal Majra, Kaithal

 

                                                                        …Complainant.

                        Versus

1. Sahara Universal Multipurpose Society Ltd. Reg. Office 195, Zone-1, In from of D.B. Mall M.P. Nagar, Bhopal, MadhyaPradesh-462001, 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. Rajinder Sharma, Advocate, for the complainant.   

                Sh. Pardeep Harit, Advocate for OP.

               

ORDER

SUNIL MOHAN TRIKHA, MEMBER

Nitu wife of Harpinder Singh-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.6708/- in Fixed Deposit on 31.12.2015 for a period of 5 years 6 months vide receipt No. 34015108627  and certificate No. 795000004019 and amount of Rs. 8250 in Fixed Deposit on 07.01.2026 vide receipt No. 34015109051 and certificate No. 795000004242 for a period of five years from the office of respondent situated at Guhla, to be returned by the respondent with interest an amount of  Rs. 13,147/- and Rs. 16,170/- on attaining maturity on dated 01.05.2021  and 07.05.2022. After the date of maturity, he approached to the office of the respondents and requested to release the amount of FD/Deposit Certificate but respondents refused to the amount of the Deposit Certificate/FD on dated 15.05.2022. 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.:16.08.2023.

                                                                (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

     

 

 

Nitu Vs. Saharayn Universal Multipurpose

Present:-    Sh. Rajinder Sharma, Advocate for the complainant.

                Sh. Pardeep Harit, Advocate for OP.

 

                No documentary evidence on behalf of complainant is present. Arguments heard. In view of directions given by Hon’ble State Commission, Haryana vide letter bearing No. 902/SCDRC/AIII dated 12.05.2023, this case is given to Sh. Sunil Mohan Trikha, Member of this Commission for disposal. Order Pronounced. Vide our separate order in detail of even dated, the present complaint has been disposed of. File be consigned to record room after due compliance.

Announced in open court:

Dated.:16.08.2023

                                                                        (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.