Orissa

Cuttak

CC/117/2023

Abhimanyu Das - Complainant(s)

Versus

The Sector Manager/Asst. Manager worker,Sahara Credit Cooperative Society Ltd - Opp.Party(s)

M K Pati & associates

30 Jan 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.117/2023

Abhimanyu Das,

S/o: Sri Adhikanda Das,

Permanent resident of

At:Masakani,P.O:Jadupur,

Dist:Kendrapara,Odisha-754213

At present residing, C/o: Pramod Kumar Sahoo,

At:Gopinath Nagar,P.O:Nayabazar,

P.S:Madhupatna,Town/Dist.:Cuttack.                                       ... Complainant.

 

                                              Vrs.

1.   The Sector Manager/Asst. Manager worker,

        Sahara Credit Cooperative Society Ltd.,

        Humara India Credit Cooperative Society Ltd.,

        And Saharayan Universal Multipurpose Society Ltd.,

        (Sahara India),Choudhury Bazar Sector 1352,

        P.O:Buxibazar,P.S:Cantonment Road,

        Dist:Cuttack,Pin-753001.

 

2.     The Regional Manager, Worker.                             

         Sahara Credit Cooperative Society Ltd.,

         Humara India Credit Cooperative Society Ltd.,

         And Saharayan Universal Multipurpose Society Ltd.,

         (Sahara India) Territorial Office,Plot No.50,

         Sahidnagar,P.O/P.S:Sahidnagar,

         Bhubaneswar,Dist:Khurda,Pin-751007.

 

3.     The Zonal Manager Worker,

         Sahara Credit Cooperative Society Ltd.,

         Humara India Credit Cooperative Society Ltd.,

         And Saharayan Universal Multipurpose Society Ltd.,

         (Sahara India), Plot No.50,

         Sahidnagar,P.O/P.S:Sahidnagar,

         Bhubaneswar,Dist:Khurda,Pin-751007.

 

4.       The Authorized Person,

           Sahara Credit Cooperative Society Ltd.,

          (Sahara India) Regd. Office,Sahara India Bhawan,

          1 Kapoorthala Complex,Aliganj,

           Lucknow,226420,Uttar Pradesh.

 

 5.         Managing Worker and Chairman of Sahara India Paribar,

              Sahara IndiaBhawan,1 Kapoorthala Complex,

             Aliganj,Lucknow-226024,Uttar Pradesh.                      ... Opp. Parties.

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

               Date of filing:     18.04.2023

Date of Order:    30.01.2024

 

For the complainant:            Mr. M.K.Pati,Adv. & Associates.

For the O.P No.1.     :             Mr. M.P.Singh,Adv. & Associates.

For the O.Ps no.2 to 5:                None.

 

Sri Sibananda Mohanty,Member.            

Case of the complainant as made out from the complaint petition in short is that he being allured and motivated by the assurance of the O.P no.1 for a good return, deposited some amount with the O.Ps.  As per the Annexure-1 series, the complainant deposited Rs.14,042/- in the A/c. bearing no.13527800179 on 15.1.2019, deposited Rs.60,799/- in the A/c. bearing no.13527202614 on 22.5.2018, deposited Rs.22,844/- in the A/c. bearing  no. 13527202616 on 22.5.2018, deposited Rs.27,995/- in the A/c. bearing no. 13527204460 on 23.08.2018,  deposited Rs.12,430/- in the A/c. bearing no. 13527205513 on 21.09.2018, deposited Rs.48,927/- in the A/c. bearing no. 13527205508 on 21.09.2018 under “Sahara Worker SC” which is a fixed deposit scheme of the O.Ps for thirty-six months, which were matured on 15.01.2022, 22.05.2021, 22.05.2021, 23.08.2021, 21.09.2021 & 21.09.2021 respectively and the maturity value were Rs.18,690/-plus additional/bonus amount of Rs.2666/- in total Rs.21,356/-, Rs.80,923/- plus additional/bonus amount of Rs.11,541/- in total Rs.92,464/-, Rs.30,405/- plus additional bonus Rs.4,336/- in total Rs.34,741/-, Rs.37,261/- plus additional bonus Rs.5,314/- in total Rs.42,575, Rs.16,544/- plus additional bonus Rs.2,360/- in total Rs.18,904, Rs.65,122/- plus additional bonus Rs.9,288/- in total Rs.74,410/- respectively.  Thus, as per the Annexure-1 series the complainant in total had deposited Rs.1,87,037/- and the maturity value was Rs.2,48,945/- with additional bonus of Rs.35,505 and in total Rs.2,84,450/-.  The complainant has stated that the certificates purchased by him as per the terms mentioned in the certificates.  Though the certificates were matured in the meantime but the O.Ps did not release the matured amount even after several requests made by him.  Therefore, alleging deficiency in service against the O.Ps, the complainant has filed this case before this Commission seeking direction against the O.Ps to pay the maturity amount in total a sum of Rs. 2,84,450/- alongwith future interest @ 18% as admissible to the respective accounts, compensation of Rs.60,000/- and Rs.30,000/- towards cost of litigation for mental agony and harassment as well as for deficiency of service and unfair trade practice on the part of the O.Ps.

          The complainant has filed several documents alongwith his complaint petition in order to prove his case. The complainant has filed evidence on affidavit to prove his case. 

2.       The O.P no.1 has contested the case by filing written version.  The O.P no.1 in his written version has stated that it is a Society which is formed and duly constituted under the provisions of Multi State Co-operative Societies Act,2002.  It is further stated by the O.P no.1 that the Hon’ble Supreme Court vide its order dt.20.03.2023 in I.A No.56308/23(Arising out of Writ Petition (Civil) No.191/22) titled as Pinakpani Mohanty Vrs. Union of India & Ors has formulated some guidelines for refund of deposit amount of genuine depositors who had deposited money in the Sahara Group of Co-op. Societies.  The Hon’ble Supreme Court has directed as follows:-

“(i)     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 claims and to be deposited in their respective bank accounts directly.

ii)       The disbursement shall be supervised and monitored by Justice R.Subhash Reddy, Former Judge of this Court with the able assistance of Shri Gaurav Agarwal,learned Advocate, who is appointed as Amicus Curiae to assist Justice R.Subhash Reddy as well as the Central Registrar of Cooperative Societies in 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 Agarwal,learned Advocate.

iii)      Rs.15 lakhs per month be paid to Justice R.Subhash Reddy, Former Judge of this Court and Rs.5 lakhs per month be paid to Shri Gaurav Agarwal, learned Amicus Curiae towards their honorarium.

iv)      We direct that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5,000 Crores at the earliest, but not later than nine months from today.  The balance amount thereafter be again transferred to the ‘Sahara-SEBI Refund Account”.

In view of the order passed by Hon’ble Supreme Court, the O.P no.1 alleged to have filed an application before the Hon’ble State C.D.R.Commission,Odisha to stay and dismiss all matters pertaining to the payment of maturity amount to depositors/investors of the Sahara Group of Cooperative Societies.  The answering O.P also referred to order passed by Hon’ble High Court of Allahabad as well as by some order passed by Hon’ble State C.D.R. Commission,Agartala.  Finally, the O.P no.1 has prayed to dismiss the complaint petition by giving liberty to the complainant to approach Central Registrar of Cooperative Societies as per the order passed by the Hon’ble Supreme Court for redressal of his grievances.

Having not contested this case, the O.Ps no.2 to 5 have been set exparte vide order  dt.07.09.2023.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.P No.1, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him ?

Issue no.i.

The O.P no.1 in his written version has stated that the Hon’ble Supreme Court vide its order dt.20.03.2023 in I,A No.56308/23 (Arising out of  Writ Petition(Civil) No.191/22) titled as Pinakpani Mohanty Vrs. Union of India & Ors has formulated some guidelines for refund of deposit amount of genuine depositors who had deposited their money in the Sahara Group of Co-op. Societies.  It is also stated by him that in view of such order passed by Hon’ble Supreme Court, he has given application/representation to Hon’ble State C.D.R.Commission,Odisha to dismiss all the matters pertaining to the payment of maturity amount by the Sahara Group of Societies.  But on perusal of such application, it revealed that he has prayed before the Hon’ble State Commission to defer the hearing of such matters.  Be that as it may, the O.P no.1 has not filed any order passed either by Hon’ble Supreme Court or by Hon’ble State C.D.R.Commission,Odisha by restraining this Commission to hear the present case.  As such, the contention of the O.P no.1 to dismiss the complaint case cannot be accepted.

The O.Ps are Co-operative Societies constituted under Multi State Co-operative Society Act,2002.  Hence, the question arose whether the present case before this Commission is maintainable as there is provision in the said Multi State Co-operative Society Act,2002 for redressal of grievances of the complainant against the O.Ps.  In this regard the learned counsel for the complainants relied upon the decision of Hon’ble Supreme Court relating to maintainability of his case reported in AIR 2004(SC) 448, in the case of the Secretary, Thirumurugan Cooperative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs and others, wherein the Hon’ble Supreme Court has held that even if there is arbitration clause in the Cooperative Societies Act, Consumer Commission has jurisdiction to entertain the complaint case as there is no provision in the said Co-operative Society Act ousting the jurisdiction of Consumer Commission.  The complainant also relied upon another decision of the Hon’ble Supreme Court reported in (2022)6 SCC,496 in the case of Voda Phone, Idea Cellular Ltd. Vrs. Ajay Kumar Agarwal, wherein it has been held by the Hon’ble Supreme Court that even if there is provision U/S-7B of the Indian Telegraph Act,1885, the aggrieved person can approach the Consumer Commission as the jurisdiction of the Consumer Commission is not ousted U/S-7B of the Indian Telegraph Act. 

At this juncture, it is relevant to go through the Sec-100 of the C.P.Act,2019.  In Sec-100 of the C.P.Act,2019 in clear and unambiguous terms it is stated that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other Law for the time being in force.

In view of the Sec-100 of the C.P.Act,2019 as well as the decision of the Hon’ble Supreme Court, it is held that the case of the complainant is maintainable before this Commission.

Issue No.ii.

The averments as made by the complainant in his complaint petition gains ample corroboration from the documentary evidence filed by him.

Admittedly, the complainant had invested his money amounting to Rs.1,87,037/- in “Sahara Worker SC” one of the scheme of the O.Ps as per Annexure-1 series. The contention of the complainant is supported with xerox copy of Fixed Deposit certificates as filed by him.  The complainant has mentioned principal amount/investment, calculated the maturity amount as well as additional receivable amount from the O.Ps and has reproduced the same in a tabular form in Annexure-2. 

It is not disputed that the complainant had purchased six nos. of Fixed Deposit Certificates of “Sahara Worker SC” scheme from the O.Ps on payment of Rs. 1,87,037/-.  The maturity date of the said certificates/bonds were clearly mentioned against each of the said certificates, which were due on the dates mentioned against each of the certificates.     The O.Ps had not given the complainant the matured amounts after the maturity period.  The O.P no.1 has neither disputed the purchase of Fixed Deposit certificates by the complainant as per Annexure-1 series nor has disputed the calculation of the maturity amount as per Annexure-2.  Hence, it is presumed that the complainant had purchased the Fixed Deposit certificates as per the Annexure-1 series from the O.Ps and he is entitled to get the maturity amount as calculated in Annexure-2 from the O.Ps.  The complainant had approached the O.Ps many times to get his maturity amount but they did not give the matured amount which amounts to deficiency of service by the O.Ps.  In this context, learned counsel for the complainant has relied upon a decision of Hon’ble National Commission reported in 2001(3) CPR, 194(NC) in the case of Smt. Kalawati & others vrs. M/s. United Vaish Co-operative Thirft & Credit Society Ltd., wherein the Hon’ble National Commission has held that non-refund of fixed deposit after maturity comes under the deficiency in service.  This decision is applicable in the present case.  The complainant had invested money with the O.Ps for earning interest.  The complainant would have earned interest if he would have invested his money in any other private sector or public sector undertaking.  But in the present case the O.Ps did not give the matured amount by which  the complainant was deprived of getting his principal amount as well as interest component.   Hence, the O.Ps have committed deficiency in service as well as had adopted unfair trade practice by not releasing the complainant’s matured amount as well as interest after its maturity period.  This issue is answered in favour of the complainant. 

Issue no. iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the maturity amount in respect of all his six nos. of certificates under Annexure-1 series amounting to Rs.2,84,450/- as mentioned in his complaint petition which is in consonance with the calculations made under Annexure-2.  Hence, it is so ordered;

                                              ORDER

The case is decreed on contest against the O.P no.1 and exparte against the O.Ps no.2 to 5.  The O.Ps are found to be jointly and severally liable here in this case.  Thus, the O.Ps are directed to pay the complainant the total matured amount of Rs. 2,84,450/- towards his six nos. of Fixed Deposit certificates under their “Sahara Worker SC” scheme alongwith interest thereon @ 9% per annum from the respective due date of maturity of each of the Fixed Deposit certificate till the final payment is made.  The O.Ps are further directed to pay a sum of Rs.50,000/- towards the compensation for mental agony and harassment as well as a sum of Rs.10,000/- towards the litigation expenses to the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 30^th day of January,2024 under the seal and signature of this Commission.         

                                                                     

                                                                                  Sri Sibananda Mohanty   

                                                                                         Member.

 

 

                                                                                 Sri Debasish Nayak

                                                                                        President.