DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No.34 of 2019.
Date of hearing : 04.06.2024.
Date of order : 16.07.2024.
Dated the 16th day of July 2024.
Gangadhar Panigrahi, S/o:-Sukadev Panigrahi,
At/Po:-Baralpokhari, P.S:- Bhadrak (T), Dist:- Bhadrak,
Odisha, Pin-756101.
. . . . . Complainant.
Vrs.
- The Branch Manager, Sahara India Ltd., Bhadrak Branch,
At:- By-Pass, Po/PS/Dist:- Bhadrak.
- The Legal Manager, Humara India Credit Co-Operative
Society Ltd., Regd. Office : Mangal Jyoti 101, 227/2
AJC Bose Road Kolkata, West Bengal, Pin-700020,
Regd. No.-MSCS/CR/594/2012.
. . . . Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant: Sri Manoranjan Kar, Advocate& Associate,
Counsel for Opp. Parties: Sri Mahendra Pratap Singh, Advocate,
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant has deposited a sum of Rs.2,67,666/- on dtd.06.02.2016 for a period of 36 months & the same matured on dtd.06.02.2019 & he also deposited a sum of Rs.14,005/- on dtd.15.02.2016 for a period of 36 months & the same matured on dtd.15.02.2019 as per terms & conditions of company. The maturity period has already over but the O.P.1 did not pay the maturity amount to the complainant & falsely assured to the complainant that he will pay the maturity amount after some days & after the instruction of O.P.No.02. After repeated request the O.Ps did not pay any heed for which the complainant sent a legal notice to O.Ps on dtd.15.04.2019 by registered post & the same has been delivered on dtd.16.04.2019 & 18.04.2019.After receiving the notice on dtd.22.04.2019. The O.P.1 has assured the complainant to pay the maturity amount within one month and after one month on dtd.23.05.2019 the complainant went to the O.P.1 office at By-Pass, Bhadrak & request him to pay the said maturity amount & the O.P.1 did not pay any heed. The aforesaid amounts to deficiency in service & unfair trade practice & complainant is entitle to get entire maturity amount of money of Rs.4,32,647/-. The complainant is also entitled to get compensation of Rs.20,000/- against the aforesaid deficiency of service by the O.Ps as the complainant has been made to suffer due to the above said act of O.Ps. The complainant has filed the list of documents i.e. (1) Xerox copy of Legal Notice, (2) Xerox copy of F.D. Certificate, (3) Register Receipt & (4) Acknowledgement Receipt.
The O.Ps submit that, the complainant had contacted the office of Sahara Credit Co-Operative Society Ltd. to become member & after understanding the bye-laws and objects of the Society he had obtained membership No.61846001261 of Society. As such being a member of society he got right to take part in the schemes of society. For society the identity & status of the complainant is that of a member, which definite and absolute, and he cannot claim him to be a consumer of society. He simply shared his money for furtherance of the objects of society. Any person who is not a member has no right to take part in the scheme of society. The complainant being a member is himself share holder & a part of society, as such he cannot separate himself from society. The complainant is not a consumer of the O.Ps. There is no relation of consumer & service provider between the complainant & the O.Ps. Sahara Credit Co-Operative Society Ltd. is duly registered society & the complainant is a member of society. Thus relation between the complainant & the O.Ps is member & society. Therefore, for any dispute between society & member, consumer complaint is not maintainable.
Hon’ble National Commission in Revision Petition No.4871 of 2012 Ms. Anjana Abraham Chembethil Vs. The Managing Director, The Koothattukulam Farmers Services Co-operative Bank, Decided on 02.09.2023 held that Dispute between member & society is not a consumer dispute under the C.P. Act and the Consumer Forum has no jurisdiction to try the disputes arising between Co-operative Society & its Members. In present case the dispute, if any, between the complainant & the O.P. is between Member & Society, therefore in the light of law laid down by the Hon’ble National Commission in the above case, this Hon’ble Forum has no jurisdiction to try the present complaint. Thus present complaint is not maintainable. The O.Ps have filed the document i.e. (1) Copy of decision of Hon’ble National Commission (Annex-1).
Having heard the rival contentions and after careful consideration of the materials available in the case record, this commission is of the opinion that the moment the OP accepted the deposit from the complainant with the promise of attractive rate of interest that transaction becomes a service for consideration. These OPs cannot be absolved from the liability to pay as promised and if they fail that would amount to deficiency in service as per the ratio of the decision in case of Neela Vasant Raje Vrs. Amogh Industries & another. So far as the contention that these O.Ps being a Co-operative Society would also not help these O.Ps for the matter is squarely covered by the judgment of Supreme Court in the Secretary Thirumurugan Co-operative Agricultural Credit Society Vrs M. Lalitha 7 ORS, 2004(1) CPR 35. The Consumer Protection Act is in addition to and not in derogation to any other provision of law for the time being in force.
This commission is therefore of the opinion that these OPs need to pay the maturity amount along with interest and compensation to the complainant for their conspicuous unfair trade practice and deficiency in service.
O R D E R.
In the result, the complaint be & same is allowed. These O.Ps are directed to pay Rs.4,32,647/- along with simple interest of 6% from 06/02/2019 to the date of this order within 30 days. Apart from that these O.Ps are further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards litigation cost. If these O.Ps fail to comply the order within the specified time, then they are to pay the amount with 6% simple interest till the date they actually pay.
This order is pronounced in the Open Court on this the 16th day of July 2024 under my hand and seal of the Commission.
