PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.77/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sasmita Sahoo,

W/o-Pramod Kumar Sahoo,

R/o-Ajodhya Vihar, Near St. John School, Po-Dhankauda,

Dist-Sambalpur-768006, Odisha, Mob No-8249389812.                               ...………..Complainant

                                                            Versus                        

1. Sri. Vijaya Kumar, Central Registrar of Co-operative Society India,

Floor-1 Atal Ashay urja bhawan, Lodhi Road, CGO Complex, 110003, New Delhi

(Land Mark-Jawaharlal Neheru Stadium).

2. Chief Executive and Chairman, Humara India Credit Co-operative Society Ltd.

Registration No. MSCS/CR/594/2012, Mangal Jyoti, 101, 227/2, AJC Bose Road,

Kolkata, West Bengal-700020,

3. Sri Ajit Sharma, Chief Promoter, Humara India Credit Co-operative Society Ltd.

Flat No.-3E, Baikunth Apartment, 114 NSC Bose Road, Kolkata, West Bengal-700040

4. Smt. Sima Das , Teritorial Manager, Sahara India Pariwar, Bani Vihar,

Bhubaneswar, Khurdha-751007        

5. Sri A. T Mishra(Area Manager), Sahara India Pariwar, Hansin Tower,

Ainthapali, Sambalpur-768004

6. Franchise Manager, Rajesh Rao Power, Sahara India Pariwar, Sason Branch,

At/Po- Sason, Sambalpur,Odisha-768200

7. Sri Narendra Ku Behera, Regional Manager,

Sahara India Pariwar, Samabalpur-768004

8. Pravat Kumar Sahoo, S/o-Late Bainstam Sahoo,

C.F.M.Agent Code 136000046, Humara India Credit Co Operative Society Limited-

Cum- Sahara India Pariwar, Quarter No.:- K/172, TRL Township, At/Po- Belpahar, Ward No-8, Belpahar, Jharsuguda-768218                                                 …………...Opp.Parties

Counsels:-

1. For the Complainant          :-      Self
2. For the O.P.s                        :-      Ex-parte

Date of Filing:22.05.2023,Date of Hearing :29.08.2023,Date of Judgement : 03.10.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant filed this complaint alleging deficiency in service on the part of the O.Ps. The Complainant being inspired by the O.P. No.2 to 8 invested to earn a monthly income of Rs. 20,027/- under child welfare scheme. An amount of Rs. 20,02,700/- was invested in Branch Office at Jharsuguda. The O.P. No.2 to 8 also issued certificates on 05.06.2008, 06.06.2008, 09.06.2008 for ten years.

The detail investment and certificates are as follows:

The Jharsuguda Branch Office was closed in the meantime and the accounts were transferred to O.P. No.6. Sason Branch for easy payment. The O.Ps assured to pay Rs. 20,027/- every month for a period of ten years. Till August 2022 interest amount was paid regularly but from September 2022 no amount was paid. On repeated request also the O.Ps not paid any amount. For education and medical expenditure of her child Complainant intended to withdraw all the amount but it was in vain. The Complainant has taken hand loan of Rs. 10.00 lakhs for medical treatment of her daughter. The O.Ps are deficient in their service for which complaint was filed.

The Complainant filed an interim application and on 23.05.2023 order was passed against O.Ps to pay Rs. 20,02,700/- within one month but the O.Ps failed to comply the order.

2. The O.Ps have been set ex-parte.
3. Perused the documents filed by the Complainant. Human India credit Co-Op. Society Ltd. issued certificates as shown in annexure-1 of the complaint. Complaint was filed by the Complainant through mail dated 22.03.2022 and her urgency but no any reply was given by the O.Ps. On 14.04.2022 a notice was given when the interest amount was given when the interest amounts was not paid by the O.Ps. Again on 16.04.2022, 13.05.2022 & 25.11.2022 notice have been issued to the O.Ps. The Complainant has submitted the medical prescription of Miss Apurba Priyadarshini Sahoo and treatment details in A.I.I. M.S, Bhubaneswar. At the time of need the Complainant could not get her deposited amount. As per terms and conditions of the agreement and certified by Sri. Prabhat Kumar Sahoo, Chief Field Manager code No. 136000046 after three years the depositor can withdraw any amount from the O.Ps. In the present case the Complainant made several request for medical treatment of her daughter and also repayment of loan but the O.Ps not given any reply. It amounts to deficiency on the part of the O.Ps and also unfair trade practice.

The O.P. No.1 is the registering authority under the Multi State Co-operative Societies Act, 2002 and registered the Co-Op. Society on 19^th July 2012. By Virtue of the registration Certificate issued to the O.Ps, they have taken amount from public and at the time of grievance remained aloof. When grievances were made from the side of Complainant no any steps have been taken by the O.P. No1 and violated the power given under the Multi-State Co-op. Societies Act, 2002. The O.P. No.1 failed to perform his statutory duties.

In the aforesaid facts and circumstances of the complaint, following order is passed:

ORDER

The complaint is allowed ex-parte against the O.Ps No.2 and 4 to 8. The Complainant is entitled to get her deposited amount of Rs. 20,02,700/- from the O.Ps No.2 and 4 to 8 along with MIS interest of Rs. 20,027/- from September 2022 till actual payment. The O.P. No.1 is directed to take immediate step for disbursement of the amount within one month of this order. In case of non payment the Complainant is entitled to get compensation of Rs. 4.00 lakhs and litigation expenses of Rs. 20,000/-.

Order pronounced in the open court on this 3^rd day of October 2023.

Supply free copies to the parties.