Orissa

Cuttak

CC/119/2022

Amareswar Tripathy - Complainant(s)

Versus

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

M K Pati & associates

20 May 2023

ORDER

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

C.C.No.119/2022

Amareswar Tripathy,

S/O:Late Agadhu Charan Tripathy,

Permanent resident At/PO:Tulasipur,

P.S:Nimapara,Dist:Puri-752113,

Odisha

At present residing

At:Qr. No.7/3Khapuria Labour Colony,

P.O/P.S: Madhupatna,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.      The Authorized Person,

            Humara India Credit Cooperative Society Ltd.,

            (Sahara India) Regd. Office:Mangal Jyoti,

            101,227/2 AJCBose Road,Kolkata,

            West Bengal.

 

 

6.        The Authorized Person,

            Multipurpose Society Ltd.,(Sahara India),

            Regd. Office 195,Zone-1,In front of D.B.Mall,

            M.P.Nagar,Bhopal,Madhya Pradesh-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 Sibananda Mohanty,Member.

 

               Date of filing:     13.06.2022

Date of Order:    20.05.2023

 

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

For the O.Ps.                 :          None.

 

Sri Sibananda Mohanty,Member.                  

 

Case of the complainant as made out from the complaint petition in short is thathe 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 (1) Rs.10,000/- in theA/c. bearing no.13527203229 on 30.06.2018, deposited Rs.10,000/- in the A/c. bearing no.13527204024 on 31.07.2018, deposited Rs.10,000/- in the A/c. bearing  no.13527204843 on 31.08.2018, deposited Rs.10,000/- in the A/c. bearing no.13527205759 on 29.09.2018,  deposited Rs.10,000/- in the A/c. bearing no.13527206271 on 31.10.2018,deposited Rs.10,000/- in the A/c. bearing no.13527206620 on 29.11.2018, deposited Rs.10,000/- in the A/c. bearing no.13527206916 on 01.12.2018,  deposited Rs.15,000/- in the A/c. bearing  no.13527804203 on 21.11.2019 under “Sahara Y. Select” scheme of the O.Ps for twelve months, which were matured on 30.6.2019,31.7.2019,31.82019,29.9.2019,31.10.219,29.11.2019,1.12.2019 and 21.11.2020 respectively and the maturity value were Rs.10,900/-,Rs.10,900/-, Rs.10,900/-, Rs.10,900/-, Rs.10,900/-, Rs.10,900/-, Rs.10,900/- &Rs.16,275/- respectively.The complainant deposited Rs.5,000/- in the A/c. bearing no.13525602645 on 30.06.2015 under “Sahara H.Shine” scheme of the O.Ps for six years, which was matured on 30.06.2021 and the maturity value was Rs.10,410/-.  The complainant deposited Rs.18,500/- in the A/c. bearing no.13525101170 on 22.02.2014 under “Sahara M.Benefit” scheme of the O.Ps  for five years, which was matured on 22.02.2019 and the maturity value was Rs.25,296.  The complainant deposited Rs.4,400/- in the A/c. bearing no.13527204074 on 31.07.2018 under “Sahara Minor” scheme of the O.Ps for twelve months, which was matured on 31.07.2019 and the maturity value was Rs.4,415/-.Thus as per the Annexure-1 series the complainant in total had deposited Rs.1,12,900/- and the maturity value was Rs.1,32,696/-.  The complainant also under Annexure-2 series had depositedRs.3,400/- in the A/c bearing  no.13527407330 on 13.09.2018 under “Rozana” scheme of the O.Ps for twenty  months, which was matured on 13.05.2020 and the maturity value                                               was Rs.3,415/-, deposited Rs.4,500/- in the A/c bearing  no.13526002530 on 29.10.2015 under “Home point” scheme of the O.Ps for five years,  which was matured on 29.10.2020 and the maturity value was Rs.5,403/-,  deposited Rs.4,500/- in the A/c bearing  no.13526410038 on 15.03.2016 under  “Home point” scheme of the O.Ps for five years, which was matured on 15.03.2021 and the maturity value was Rs.5,457/-, deposited Rs.41,650/- in the A/c bearing  no.13527404189 on 29.06.2018under “Unique MIS” scheme of the O.Ps  for thirty-six months, which was matured on 29.06.2021 and the maturity value was Rs.41,650/- with further benefit of Rs.1036/- alongwith pending monthly interest amounting to Rs.12,432/- till April,2022, deposited Rs.19,600/- in the A/c bearing no.13527404190 on 29.06.2018 under “Unique MIS” scheme of the O.Ps  for thirty-six months which was matured on 29.06.2021 and the maturity value was Rs.19,600/- with further benefit/Mis amount of Rs.487/- alongwith pending monthly interest till April,2022 amounting to Rs.6,331/-.  The complainant had made five nos. of deposits in “Golden E.Basera” scheme of the O.Ps and such deposits are Rs.33,000/- on 28.07.2018in the A/c bearing  no.13527405419 for 60 months which would mature on 28.07.2023and the maturity value is Rs.33,000/- with further benefit/Mis amount of Rs.303/- and pending monthly interest till April,2022 amounting to Rs.12,423/-,deposited Rs.15,000/- on 28.07.2018in the A/c bearing no.13527405420 for 60 months, which would  mature on 28.07.2023 and                                           the maturity value is Rs.15,000/-  with further benefit/Mis amount of Rs.138/- and pending monthly interest till April,2022 amounting to Rs.5,796/-,deposited Rs.63,000/- on 28.07.2018 in the A/c bearing  no.13527405421 for 60 months which would  mature on 28.07.2023 and the maturity value is Rs.63,000/-  with further benefit/Mis amount of  Rs.578/- alongwith pending monthly interest till April,2022 amounting to Rs.24,276/-,deposited Rs.21,000/- on 20.09.2018 in the A/c bearing  no.13527407739 for 60 months which would  mature on 20.09.2023 and the maturity value is Rs.21,000/-  with further benefit/Mis amount of Rs.193/-alongwith pending monthly interest till April,2022 amounting to Rs.10,229/-, deposited Rs.8,000/-on 20.09.2018 in the A/c bearing  no.13527407720 for 60 months, which would  mature on 20.09.2023 and the maturity value is Rs.8,000/-  with further benefit/Mis amount of Rs.174/-alongwith pending monthly interest till April,2022 amounting to Rs.7,656/-.  Thus, the complainant in total had deposited Rs.2,13,650/- under Annexure-2 series and the maturity value is Rs.2,15,525/- with interest of Rs.79,143/- as well as further benefit/mis benefit.The complainant as per the Annexure-3 series had depositedRs.26,750/- on 28.04.2018 in the A/c bearing  no.13527304231 under “Super BB” scheme for thirty-six months, which was matured on 28.04.2021 and the maturity value was Rs.41,177/- , deposited  Rs.10,100/- on 28.04.2018 in the A/c bearing  no.13527304216 under “Super BB” scheme for thirty-six months, which was matured on 28.04.2021 and the maturity value was Rs.15,603/-, deposited  Rs.16,480/- on 09.06.2018 in the A/c bearing no.13527305775 under “Super BB” scheme for thirty-six months, which was matured on 09.06.2021 and the maturity value was Rs.25,314/-.  Thus the complainant as per the Annexure-3had deposited Rs.53,330/- and the maturity value was Rs.82,094/-. 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. 5,66,476/- alongwith future interest @ 18% as admissible to the respective accounts, compensation of Rs.1,20,000/- and Rs.40,000/- towards cost of litigation for mental agony and harassment as well as for deficiency of service and unfair trade practice.

          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.  So also, he has filed further affidavit clarifying as well as correcting the calculation as made in Annexure-1,2 & 3 series.

2.       Having not contested this case, all the O.Ps have been set exparte vide order  dt.30.09.2022.

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

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 ?

Point no.i.

The O.Ps are Co-operative Societies constituted under Multistate Co-operative Society Act,2002 and the complainant is a member of the O.Ps.  Hence, the question arose whether any dispute between the complainant 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 complainant against the O.Ps.  In this regard the learned counsel for the complainant 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 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.  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 complainant is maintainable before this Commission.

Point 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.3,79,880/- in the different scheme of the O.Ps as per Annexure-1 series, 2 series and 3 series. The contention of the complainant is supported with xerox copy of Fixed Deposit certificates filed by him.  The complainant has mentioned principal amount/investment, calculated the maturity amount as well as monthly interest received from the O.Ps and reproduced the same in a tabular form as Annexure-1,2 & 3 series.  The complainant has filed further affidavit on 1.5.23 by clarifying and correcting the calculations as furnished under Annexure-1,2 & 3 series which are found to be correct as per the provision/guidelines of the respective scheme.

It is not disputed that the complainant had purchased Fixed Deposit Certificates from the O.Ps on payment of Rs,.3,79,880/-.  The maturity date of the said certificates/bonds were clearly mentioned against each in 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.Ps also have not paid the monthly interest as per their scheme under Anenxure-2 series, having sl.no.4 to 10 to the complainant.  The complainant had approached the O.Ps many times to get his maturity amount as well as monthly interest but they did not give the matured amount as well as monthly interest as stated above of his certificates, 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 as well as monthly interest in some of the schemes, 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. 

Point 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 certificates underAnnexure-1 series amounting to Rs.1,32,696/- as mentioned in his complaint petition.As regards to the Fixed Deposit certificates mentioned under Annexure-2 series, the complainant is entitled to get maturity amount of the certificate mentioned as sl. no.1 to 5 amounting to Rs.75,525/-.  He is also entitled to get monthly interest in case of monthly interest scheme as calculated therein amounting to Rs.79,143/- till April,2022 as mentioned in sl.no.4 to 10.  But he is not entitled to get the maturity amount as mentioned in sl.no.6 to 10 as the maturity date of the said certificates are yet to due.  The complainant is also entitled to get maturity amount of Rs.82,094/- in respect of all certificates under the Annexure-3 series.  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.2,90,315/-towards the all certificates as well as monthly interest dues calculated till April,2022 amounting to Rs.79,143/- to the complainant alongwith interest thereon @ 12% per annum from the respective due date of maturity as well as respective due date of entitlement in case of monthly interest scheme till the final payment is made.  The O.Ps are further directed to pay a sum of Rs.1,20,000/- towards the compensation for mental agony and harassment as well as a sum of Rs.40,000/- 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 20^th day of May,2023 under the seal and signature of this Commission.          

                                                                                                                                                                                                                                                                                                 Sri Sibananda Mohanty

                            Member.

 

 

                                                                                           Sri Debasish Nayak

                                                                                               President.