Sri Ranjan Ray, Ld. Member

This complaint under the provisions of C.P. Act, 2019 was initially filed against the Opposite Party (O.P.)- 1) The Sector Head, Hamara India Credit Cooperative Society Ltd., C/O Sahara India, Shefali Sadan, Opp.: LIC Office, Station Feeder Road, P.O. & P.S.- Siliguri, Dist.: Darjeeling, Pin Code- 734005, 2) Hamara India Credit Cooperative Society, Regd. Office: Mangal Jyoti 101, 227/2 AJC Bose Road, Kolkata- 700020, 3) Sri Anil Tiwari, North Bengal Colony, Near High School, Main Road, P.O. & P.S.- Pradhan Nagar, Dist.- Darjeeling, Pin Code- 734003 did not appear in this case and vide Order No.07, dated 22.02.2023 the O.P. No.1 and 2 declared ex- parte and on 23.11.2023 vide Order No. 14 the O.P. No.3 declared ex- parte.

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

The husband of the complainant met the O.P. No.3 in the month of September, 2016at his business place where the O.P. No.3 demonstrated an investment plan in the said meeting and in connection to this the complainant met the O.P. No.1 at their office along with O.P. No.3 and after discussion with them on 20.10.2016 the husband of the complainant took a F64 GOLDEN A DOUBLE Scheme being Certificates Nos. from 465001756287 to 465001756296  by depositing a sum of Rs. 1,27,385/- (Rupees One Lac Twenty Seven Thousand Eight Hundred and Eighty Five) only in the name of the complainant. The complainant is an account holder of the O.P. No.1 and 2 and her account Nos. are from 11976408331 to 11976408340 and she was also a member of the said Society and her membership No. was 611976005764. As per issued certificates the O.P.s assured the complainant to pay the maturity amount of Rs. 2,54,770/- (Rupees Two  Lac Fifty Four Thousand Seven hundred and Seventy) only and it will be handed over from the office of the O.P. No.1. After maturity of the scheme the husband of the complainant repeatedly visited the O.P. No.1 but did not get her legitimate claim amount from the O.P.s. Finally having no other alternative the complainant lodged this case.

The prayers of complainant are as follows: -

1. To pass an order directing the O.P.s to pay a sum of Rs. 2,54,770/- (Rupees Two  Lac Fifty Four Thousand Seven hundred and Seventy) only along with 12% interest on and from 20^th February, 2022 to till.
2. To pass an order directing the O.P.s to pay a sum of Rs. 1,00,000/- (Rupees One Lac) only for mental agony, harassment whatsoever of the complainant.
3. To pass an order directing O.P.s to pay a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) only for legal expenditure to the complainant.
4. Any other relief/ reliefs which the complainant is legally entitled to.

List of Documents filed by the complainant:

1. Photocopy of Investment Certificates of F64 GOLDEN A DOUBLE being No. from 465001756287 to 465001756296.
2. Photocopy of the Legal Notice, dated 24.05.2022 affixed with 03 postal slips.
3. Photocopy of Track Consignment Delivery Report of Postal slip being No. RW928696909IN, dated 01.06.2022 issued by the Indian Post.
4.  Photocopy of Track Consignment Delivery Report of Postal slip being No. RW92869699IN, dated 30.05.2022 issued by the Indian Post.
5. Photocopy of Track Consignment Delivery Report of Postal slip being No. RW928696736IN, dated 09.06.2022 issued by the Indian Post.

The notice sent to the Opposite Party (O.P.)- 1) The Sector Head, Hamara India Credit Cooperative Society Ltd., C/O Sahara India, Shefali Sadan, Opp.: LIC Office, Station Feeder Road, P.O. & P.S.- Siliguri, Dist.: Darjeeling, Pin Code- 734005, 2) Hamara India Credit Cooperative Society, Regd. Office: Mangal Jyoti 101, 227/2 AJC Bose Road, Kolkata- 700020, 3) Sri Anil Tiwari, North Bengal Colony, Near High School, Main Road, P.O. & P.S.- Pradhan Nagar, Dist.- Darjeeling, Pin Code- 734003 but they did not turn out before this Commission and vide Order No.07, dated 22.02.2023 the O.P. No.1 and 2 declared ex- parte and on 23.11.2023 vide Order No. 14 the O.P. No.3 declared ex- parte.   

Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint, Written Version and documents filed by the parties 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 reason:-

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

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

The complainant resides in the jurisdiction of Darjeeling district and the O.P. No1 and O.P. No.3 was carrying their business in Darjeeling district. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial 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 a policy/ scheme from O.P. No.1, also narrated the date of Maturity. The Complainant has also stated on which day went to the O.P from demanding the maturity amount in respect of his a policy/ scheme from O.P. No.1. The Complainant has also stated in his evidence that the Complainant went to meet the O.P. No.1 several times but the O.P. 1 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 not only through her Written Deposition but also by producing documents.

Firstly we will consider whether the Complainant being a member of a society will fall within the definition Consumer under the Consumer Protection Act 2019 or not? In this regard 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 the plea taken by the O.P. stands rejected and this Commission has sufficient Jurisdiction to entertain this Complaint as a Consumer dispute and thereby this case is maintainable.

Secondly, this Consumer Commission has the jurisdiction to entertain this case on the grounds that, in the contract between the Complainant and the O.P. there is arbitration clause which is contained in the terms and conditions of the contract. But the said point has already been decided by 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 the objection raised by the O.P. regarding the jurisdiction point is also rejected.

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

The complainant several times tried to get her legitimate claim but the O.P.s failed to settle his said legitimate claim of its Rs. 2,54,770/- (Rupees Two  Lac Fifty Four Thousand Seven hundred and Seventy) 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 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. 2,54,770/- (Rupees Two  Lac Fifty Four Thousand Seven hundred and Seventy) only in total, against the O.P.s along with the interest @ 9% Per Annum from the date of their maturity of the  policy/ scheme till the realization of the total amount. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for mental pain and agony and litigation cost and 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. 52/2022 be and same is allowed in ex- parte against the O.P.s (Hamara India Credit Cooperative Society Ltd., C/O Sahara India)

Hence it is,

O R D E R E D

That the Consumer Case No. 52/2022 be and same is allowed on ex- parte against the O.P.s (Hamara India Credit Cooperative Society Ltd., C/O Sahara India). The O.P.s are jointly and severally liable in this case.

The complainant do get an award of Rs. 2,54,770/- (Rupees Two  Lac Fifty Four Thousand Seven hundred and Seventy) only in total, against the O.P.s along with the interest @ 9% Per Annum from the date of their maturity of the  policy/ scheme till the realization of the total amount within 45 days from the date of this order. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for mental pain and agony and litigation cost and O.P.s are also directed to deposit Rs. 10,000/- (Rupees Ten Thousand) only to Consumer Legal Aid Account of this Commission. within 45 days from the date of this order.

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