Orissa

Cuttak

CC/29/2022

Smt Durga Singh - Complainant(s)

Versus

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

M K Pati & associates

31 Jul 2023

ORDER

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

C.C.No.29/2022

1.       Smt. Durga Singh

W/O: Mahesh Chandra Singh,

At:Shelter Square,

P.O:Tulsipur,P.S:Bidanasi,

Dist:Cuttack-753008.

 

2.       Smt. Pratima Singh,

W/O:Prakash Kumar Singh,

At:Shelter Square,

P.O:Tulsipur,P.S:Bidanasi,

Dist:Cuttack-753008.

 

3.       Prakash Kumar Singh,

S/O: Mahesh Chandra Singh,

At:Shelter Square,

P.O:Tulsipur,P.S:Bidanasi,

Dist:Cuttack-753008.                                                       ... 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 KapoorthalaComplex,Aliganj,

           Lucknow,226420,Uttar Pradesh.

 

5.        The Authorized Person,

           Humara India Credit Cooperative Society Ltd.,

           (Sahara India) Regd. Office,Mangal Jyoti,

           101,227/2 AJC Bose Road,Kolkata,

           West Bengal-700020.

 

6.       The Authorized Person,

           Saharayan Universal Multipurpose Society Ltd.,

           (Sahara India),Regd. Office 195,Zone-1,

           In front of D.B.Mall,

           M.P Nagar,Bhopal,Madhyapradesh-462011.

 

            7.        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 SibanandaMohanty,Member.

 

               Date of filing:     17.02.2022

               Date of Order:    31.07.2023

 

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.  The case of the complainants in short is that the complainant no.1 had invested money in 17numbers of deposits in the scheme  of the O.Ps by purchasing Fixed Deposit Certificates on payment of Rs.2,50,000/- to be matured  on December,2020  having maturity value of Rs.2,86,750/- plus extra benefit of Rs.1000/-, complainant no.2 invested money in 14 numbers deposits in the scheme  of the O.Ps by purchasing Fixed Deposit Certificates on payment of Rs.1,70,000/- to be matured on June & December,2020 having maturity value of Rs.1,96,430/- plus extra benefit of Rs.320/- and complainant no.3 invested money in 44numbers deposits in the  of the O.Ps by purchasing Fixed Deposit Certificates on payment of Rs.7,50,445/- to be matured  in the year 2020,2021 & 2022 having maturity value of Rs.10,44,440/- plus extra benefit of Rs.7,990/- from the O.Ps on “Sahara A. Select,”Golden A Double”, “Super BB” scheme accounts.  The maturity period hadmentioned against each of the said Fixed Deposit Certificates.  On maturity, the complainants were entitled to receive an amount of Rs. 15,36,930/- towards the maturity amount.  The complainants have filed copy of the fixed deposit certificates by annexing them as Annexure-1 series as well as have filed calculation sheet showing deposit and maturity amount vide Annexure-2 series.  After the maturity date, the complainants in order to get their matured amount from the O.Ps had visited the office  of the O.Ps on many occasions  but the O.Ps did not release their maturity amount.  Hence, the complainants have filed the present case with a prayer for a direction to the O.Ps to pay their maturity amount in the certificates calculated as  Rs. 15,36,930/- alongwith future interest @ 18% per annum as would be calculated and admissible to the respective accounts under Annexure-1 and 2 series as well as compensation of Rs.4,20,000/- towards mental agony and harassment together with a sum of Rs.40,000/- towards their litigation expenses.

             The complainants have filed some documents in order to prove their case as well as evidence on affidavit in support of their case.  They have also filed further affidavit as well as additional further affidavit clarifying the calculation of maturity amount

2.         The O.Ps appeared through their learned counsel but did not file written version.  Hence, all the O.Ps have been set exparte vide order  dt.21.07.2022.

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 complainantsare entitled to the reliefs as claimed by them ?

 

Point no.i.

The learned counsel for the Opp.Parties hve participated in the hearing of the case and argued that the O.Ps are Co-operative Societies constituted under Multistate Co-operative Society Act,2002 and the complainantsare members of the O.Ps.  Hence, the dispute between the complainants and the O.Ps is not 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.  He relied upon the decision of the Hon’ble National Commission in support of his case.  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 complainant 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.  The decisions rendered by the Hon’ble Supreme Court is the Law of land and would prevail upon decisions of Hon’ble National Commission as well as other decisions as relied upon by the O.Ps.

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 75 number of Fixed Deposit Certificates having different A/c numbers in different schemes of the O.Ps as mentioned against each of the said Fixed Deposit Certificates under Annexure-1  series.  The complainants have filed detailed calculation sheet of maturity amount under Annexure-2 series showing the matured value as Rs.15,22,620/- of all the Fixed Deposit Certificates as well as Rs.9,310/- towards extra benefit, in total Rs.15,36,930/- as maturity amount.The contention of the complainantsare supported with xerox copy of Fixed Deposit certificates filed by them.

It is not disputed that the complainants had purchased 75 Fixed Deposit Certificates from the O.Ps on payment of Rs.11,70,445/-.  The maturity date of the said certificates/bonds were clearly mentioned in the said certificates, which werealready matured in the respective due dates.     The O.Ps had not given the complainants 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 certificate, which amounts to deficiency of service by the O.Ps.  In this context, learned counsel for the complainants have 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 had adopted unfair trade practice by not releasing the matured amount of the Fixed Deposit Certificates of the complainants 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 get the maturity amount of their seventy-five nos. of Fixed Deposit certificates.  The complainants have filed the detailed calculation sheet of the maturity amount and has filed the same by marking it as Annexure-2 series  in their complaint petition.  They have filed further evidence on affidavit by clarifying the calculations as made in Annexure-2.  The calculations as made by the complainants is not controverted.  Hence, the calculations as made in the Annexure-2 series is deemed to be a genuine one as per the scheme of the O.Ps.  In view of the discussions made above, as well as of the calculations made in Annexure-2 series, the complainantsare entitled to get the total maturity amount of Rs.15,36,930/- which includes extra benefit amount besides the interest component.    Hence, it is so ordered;

                                                ORDER

The case is allowed on contest against the O.Ps who 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. 15,36,930/- of seventy-five nos. of certificates issued by them under the “Sahara A. Select,”Golden A Double”, “Super BB” scheme accounts to the complainantsbasing upon their respective Fixed Deposit A/c No. alongwith interest thereon @ 12% per annum from the date of maturity as mentioned in each of the Fixed Deposit Certificates respectively till the final payment is made.  The O.Ps are further directed to pay a sum of Rs.4,00,000/- towards the compensation amount 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 31^st day of July,2023 under the seal and signature of this Commission.                                                                                                                                                                     

                                       Sri Sibananda Mohanty

                                                                                                                                             Member.

 

 

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President.