West Bengal

Siliguri

CC/59/2021

SHRI RAM NANDAN ROY - Complainant(s)

Versus

THE AUTHORISED SIGNATORY KAPOOR THALA EMP CODE-22195,SAHARA INDIA BHAWAN - Opp.Party(s)

BIDYUT GHOSH

05 Oct 2023

ORDER

This complaint under section 12 of C.P. Act, 1986 was initially filed against the Opposite Party- 1) The Authorised Signatory, Sahara Credit Co-operative Society Ltd., Kapoor Thala, EMP Code- 22195, “Sahara India Bhawan”, Kapoor Thala Compiler, along Lucknow, Utter Pradesh- 226024, 2. The Regional Manager, “Sahara Credit Co- operative Society Limited”, S.F. Road, P.O.- Siliguri Bazar, Dist.: Darjeeling- 734005, 3. Sector Manager, Sahara Credit Co- operative Society Limited, Bagdogra Branch No. 2503, LIC Building, Station More Main Road, Dist.- Darjeeling- 734014, 4. The Signatory Authority, “Sahara Credit Co- operative Society Limited” Bagdogra, LIC Building, Station More Main Road, Dist.- Darjeeling- 734014 who filed Written Version (W.V.) but after that the O.P.s were not taking steps and as per the Order No. 20, dated 27.07.2023 of this Commission the case runs ex- parte against O.P. No. 1, 2, 3 and 4.

 

                             The case of the complainant as per his complaint is as follows-

The complainant stated in his plaint that he invested/ re-invested against her certificates which he purchased from the O.P.s through the O.P. No.3 and 4. The complainant also added that he had a total number of 26 certificates and as per the maturity date the total maturity amount was Rs. 39, 08, 757/- (Rupees Thirty Nine Lac Eight Thousand Seven Hundred and Fifty Seven) only and the Ref- Account No. of those said policies are 25034201833, 25034201834, 25034201835, 25034201836, 25034201837, 25034201838, 25034201839, 25034201498, 25034201464, 25033702536, 25037801479, 25037801480, 25037801481, 25037801482, 25037801483, 25037801484, 25037801485, 25037801486, 25037801487, 25037801488, 25037801489, 25037801490, 25037801491, 25037801492, 25037801493, 25037801494.  

The complainant also stated in his plaint that after the date of maturity of his said policies several times he communicated with the O.P.s but the O.P.s neither replied nor made any payment to the complainant for which he was not able to go ahead to organize his daughter’s marriage and finally having no other alternative the complainant lodged this complaint before this Commission.    

 

The prayers of complainant are as follows: -

 

1. To pass an order directing the O.P.s to pay his maturity amount to the tune of Rs. 39, 08, 757/- (Rupees Thirty Nine Lac Eight Thousand Seven Hundred and Fifty Seven) only along with interest, compensation and mental agony and harassment.
2. Any other necessary order/ orders as may deem fit and proper in end of justice.

 

 

 

List of Documents filed by the complainant:

1. Photocopies and also the original copies of Policies/ Certificates.
2. Photocopies correspondence letters.
3. Photocopy of Postal Receipt and Track Report.
4. Photocopy of Voter Identity Card of the complainant.
5. Photocopy of Aadhaar Card of the complainant.
6. Photocopy of PAN Card of the complainant.

 

Opposite Party- 1) The Authorised Signatory, Sahara Credit Co-operative Society Ltd., Kapoor Thala, EMP Code- 22195, “Sahara India Bhawan”, Kapoor Thala Compiler, along Lucknow, Utter Pradesh- 226024, 2. The Regional Manager, “Sahara Credit Co- operative Society Limited”, S.F. Road, P.O.- Siliguri Bazar, Dist.: Darjeeling- 734005, 3. Sector Manager, Sahara Credit Co- operative Society Limited, Bagdogra Branch No. 2503, LIC Building, Station More Main Road, Dist.- Darjeeling- 734014, 4. The Signatory Authority, “Sahara Credit Co- operative Society Limited” Bagdogra, LIC Building, Station More Main Road, Dist.- Darjeeling- 734014 who filed Written Version (W.V.) but after that the O.P.s were not taking steps and as per the Order No. 20, dated 27.07.2023 of this Commission the case runs ex- parte against O.P. No. 1, 2, 3 and 4.   

 

 

Having heard, the Ld. Advocate of the complainant and on perusal of the complaint and documents filed by the complainant the following points are taken to be decided by this Commission.

Points for consideration

 

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

 

         

 

 

Decision with reasonS:-

 

                             All the points are taken up together for consideration and decision.

Seen and perused the complaint petition which is supported by the affidavit, documents filed by the complainants. We are also heard arguments of the complainant in full length.

The complainant resides in the jurisdiction of Naxalbari, Darjeeling and the O.P. No.2 was carrying his business in Siliguri, Dist.- Darjeeling and O.P. No.3 and 4 were also carrying their business at Bagdogra, Dist.- Darjeeling. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 1986 and C.P. Act 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case.

 

In order to prove the case the Complainant has filed its evidence in the form of an Affidavit and in the Written Complainant has specifically corroborated the Complaint and has stated on which day he purchased the policies/ certificates from the O.P.s and also narrated the date of Maturity. The Complainant has also stated how many times he intimated the O.P.s through letters for demanding the maturity amount in respect of her policies/ certificates from the O.P.s. but the O.P.s did not make any payment till today

 

At the time of argument Ld. Advocate of the Complainant submits that the complainant has been able to prove its case against the O.P.s not only through their Written Deposition but also by producing documents.

 

The complainants several times tried to get her legitimate claim but the O.P.s failed to settle the said legitimate claim of its Rs. 39, 08, 757/- (Rupees Thirty Nine Lac Eight Thousand Seven Hundred and Fifty Seven) only.

 

Firstly, to determine the case we can refer a decision of the Hon'ble Supreme Court where it held that the disputes between Co-operative Society and its member regarding deficiency in Service can be maintained under the Consumer Protection Act vide the case of The Secretary, Thirumurugan Co-operative Agricultural Society Vs. M. Lalitha (Dead) through LRS (Appeal, Civil 92 of 1998) decided on 11.12.2003.

 

It was also decided by the Hon'ble Supreme Court in Virender Jain Versus Alkananda Co-op. Group Housing Society Ltd. (2013) 9 SCC 383 it was held that dispute raises by the members of the society can be decided by the Consumer Forum.

 

In view of those decisions and other materials on record we are of the view that this Commission has sufficient Jurisdiction to entertain this Complaint as a Consumer dispute and thereby this case is maintainable.

 

To determine the case also from the point of jurisdiction, the Larger Bench of the Hon'ble National Consumer Commission in the case of “Aftab Singh - Versus- Emaar MGF Land Limited & anr” being Consumer Case No. 701 of 2015 Vide Order dt. 13.07.2017 wherein it was held that, an arbitration clause in the Agreements cannot circumscribe the jurisdiction of a Consumer Forum notwithstanding the Amendments made to Section 8 of the Arbitration Act. Against that Order Civil Appeals bearing in No. 23512-23513 of 2017 was filed before the Hon'ble Supreme Court. But the said Appeal was dismissed on 13.02.2018. Against that Order Review Petition being No. 2629-2630 of 2018 was filed before the Hon'ble Supreme Court and on 10.12.2018 that Review Application was also dismissed. In view of the above there is no doubt that this Commission has its jurisdiction to decide this case.

 

In the case in hand there is no dispute that the Complainant was not provided with Investment Certificates. It is also not denied / disputed that, the Complainant did not deposit the Sum of money to the O.P.s. It is also admitted fact that, the O.P.s on receiving the sum of money issued deposit certificates to the complainant.

 

The complainant several times tried to get his legitimate claim but the O.P.s failed to settle his said legitimate claim of its Rs. 39, 08, 757/- (Rupees Thirty Nine Lac Eight Thousand Seven Hundred and Fifty Seven) only.

 

So, as per the above discussion it is very much clear that there was a deficiency of service from the part of O.P.s and this Commission has no doubt to hold that there was a deficiency of services from the part of the O.P. In the instance case, the complainant is entitled to get Rs. 39, 08, 757/- (Rupees Thirty Nine Lac Eight Thousand Seven Hundred and Fifty Seven) only in total, against the O.P.s along with the interest @ 9% Per Annum from the date of maturity of his  policies/ certificates till the realization of the total amount. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for harassment, mental pain and agony and litigation cost and the O.P.s are also directed to deposit Rs. 10,000/- (Rupees Ten Thousand) only to Consumer Legal Aid Account of this Commission.

 

That the Consumer Case No. 59/2021 be and same is allowed on merit against the O.P.s (Sahara Credit Co-operative Society Ltd.)

 

Hence it is,

 

ORDERED

 

That the Consumer Case No. 59/ 2021 be and same is allowed on merit against the O.P.s (Sahara Credit Co-operative Society Ltd.). The O.P.s are jointly and severally liable in this case.

 

The complainant do get an award of Rs. 39, 08, 757/- (Rupees Thirty Nine Lac Eight Thousand Seven Hundred and Fifty Seven) only in total, against the O.P.s along with a simple interest @ 9% Per Annum from the date of maturity of his  policies/ certificates till the realization of the total amount. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for harassment, mental pain and agony and litigation cost and the O.P.s are also directed to deposit Rs. 10,000/- (Rupees Ten Thousand) only to Consumer Legal Aid Account of this Commission.  

Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.