Orissa

Cuttak

CC/147/2022

Ranjan Kumar Rath - Complainant(s)

Versus

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

M K Pati & associates

27 Jul 2023

ORDER

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

C.C.No.147/2022

 

1.    Ranjan Kumar Rath,

S/o:Late Budhi Shyam Rath.    

 

2.    Nirupama Mishra,

W/o:Sri Ranjan Kumar Rath.

 

3.   Sai Satya Prakash Rath,

S/o:Sri Ramnjan Kumar Rath.

 

All the three complainants are residing

C/O: Sri Prabhu Charan Mohanty,

At:Plot No.E/617,CDA,Sector-11,

P.S:Markat Nagar,Phase-II,

Cuttack Town,Dist:Cuttack-753015(Odisha).                     ... Complainants.

 

                                                                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.        The Authorized Person,

            Humara India Credit Cooperative Society Ltd.,

           (Shara India) Regd. Office: Mangal Jyoti,

           101,227/2 AJC Bose Road,Kolkata,

           West Bengal-700020.                                                    

 

                6.        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:     25.07.2022

               Date of Order:    27.07.2023

 

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

For the O.Ps.                 :          None.

 

Sri Sibananda Mohanty,Member.                                                                        

The complainants are members of one family. Case of the complainants as made out from the complaint petition in short is that being motivated and assured by the O.P no.1 for alluring return, complainants invested their money in different Fixed Deposit Schemes as well as in the monthly scheme of the O.Ps.  The complainants vide Aannexure-2 series have given details of the scheme including the investment amount as well as maturity amount.  The complainants vide Annexure-1 series have filed copy of the Fixed Deposit Certificates in case of Fixed Deposit scheme and copy of Pass Books in case of monthly scheme.  It is stated by the complainants that on maturity they are entitled to get Rs.7,11,855/- towards the total maturity value.   The complainants have stated that the certificates purchased by them as per the terms mentioned in the certificates. Though the certificates have been matured in the meantime but the O.Ps have not released the matured amount even after several requests made by them.  Therefore, alleging deficiency in service against the O.Ps, the complainants have filed this case before this Commission seeking direction to the O.Ps to pay the maturity amount in total Rs.7,11,855/- alongwith future interest @ 18%  as admissible to the respective accounts, as well as compensation of Rs.50,000/- towards the mental agony and harassment of Rs.50,000/- and Rs.20,000/- towards cost of litigation.

The complainants have filed several documents alongwith their complaint petition as well as evidence on affidavit in order to prove their case.  They have also filed further affidavit clarifying the calculation of maturity amount. 

2.            Having not contested this case, all the O.Ps have been set exparte vide order  dt.21.9.2022 except O.P no.6 who has been deleted on 21.11.2022 as per the petition of the complainants.

            3.            The points for determination in this case are as follows:

i.              Whether the case of the complainants is maintainable?

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

iii.            Whether the complainants are entitled to the reliefs as claimed?

Point no.i.

The O.Ps are Co-operative Societies constituted under Multistate Co-operative Society Act,2002 and the complainants are members of the O.Ps.  Hence, the question arose whether any dispute between the complainants and the O.Ps is maintainable before this Commission as there is provision in the said Multi State Co-operative Society Act,2002 for redressal of grievances of the complainants 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.  He also relied upon another decision of Hon’ble Supreme Court reported in AIR 2021 SC,70 in the case of Imperia Structures Ltd. Vrs. Anil Patni and others, wherein the Hon’ble Apex Court has held that RERA Act does not debar for adjudication of dispute by the Consumer Commission for redressal of grievances of the complainants relating to the Real Estate matter.  Hence the Consumer Commission has jurisdiction to entertain the dispute relating to the Real Estate matter.  The complainants 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 complainants is maintainable before this Commission.

Point No.ii.

The averments as made by the complainants in their complaint petition gains ample corroboration from the documentary evidence filed by them.

Admittedly, the complainants had purchased sixteen number of Fixed Deposit Certificates from the O.Ps in different schemes as well as had opened two number of accounts in the monthly schemes of O.Ps as per Annexure-1 series, as filed by them.

 The contention of the complainants is supported with xerox copy of Fixed Deposit certificates and xerox copy of Pass Books in case of monthly scheme as well as evidence affidavit filed by them. The maturity date of the certificates/bonds was clearly mentioned against each of the certificates and in case of the monthly scheme, it is stipulated in the Pass Book.  The O.Ps had not given the complainant the matured amount after the maturity period.  The complainants had approached the O.Ps many times to get their maturity amount but they did not give the matured amount of their certificates as well as of monthly scheme, which amounts to deficiency of service by the O.Ps.  In this context, learned counsel for the complainants 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 complainants had invested money with the O.Ps for earning interest.  The complainants would have earned interest if they would have invested their 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 complainants were deprived of getting their principal amount as well as interest component.   Hence, the O.Ps have committed deficiency in service as well as have adopted unfair trade practice by not releasing the complainants matured amount after its maturity period.  This issue is answered in favour of the complainants. 

Point no. iii.

From the discussions as made above, the case of the complainants is definitely maintainable and the complainants are entitled to the maturity amount in respect of all the Fixed Deposit Certificates as well as of monthly schemes as claimed by them on the date of maturity.  The complainants vide Annexure-2 series have filed calculation sheet. They have

also filed further affidavit clarifying the calculation as made in Annexure-2 series.  The calculations as made by the complainants being not controverted is deemed to be genuine one. Hence, the complainants are entitled to get the total maturity amount of Rs.7,11,855/- as calculated by them under Annexure-2 series besides other reliefs.    Hence, it is so ordered;

                                                ORDER

The case is allowed exparte against the O.Ps.  The O.Ps are found to be jointly and severally liable here in this case.  Thus, the O.Ps are directed to pay the total matured amount of Rs.7,11,855/- in respect of their Fixed Deposit Certificates as well as the monthly scheme to the complainants alongwith interest thereon @ 12% per annum from their respective date of maturity 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.20,000/- towards the litigation expenses to the complainants.  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 27^th day of July,2023 under the seal and signature of this Commission.                                                                                                                                                                     

                                         Sri Sibananda Mohanty

                                                                                                                                            Member.

 

 

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President