Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of C.P.Act, 2019 , in which she has claimed certain reliefs against the opp. parties.
2. The case of the complaint that she is residing at Banarapal under Angul district. The opp. Parties are the profit earning Co-operative Society , which is running its business in several places including its branch office at Angul district. Being influenced by the opp. parties and their agent on 13.07.2018 the complainant had opened Accounts No. 12537403069, 12537403070,12537403071, 12537403072 &12537403073 and deposited an amount of Rs.21,800.00, Rs.21,800.00, Rs.4,550.00,Rs.8,200.00 & Rs.9,500.00 respectively under Golden 24 Scheme for a period of 24 months. All those deposits are to be matured on 13.07.2020. The complainant has deposited the aforesaid amount for her future maintenance. The opp. parties issued fixed deposit certificates bearing No. 438000808812, 438000808813,438000808814,438000808815 &438000808816. The opp. parties assured to pay interest on the fixed deposits along with other benefits. After maturity on 13.07.2022, the complainant is to receive Rs.27,346.00,Rs.27,346.00, Rs. 5,708.00,Rs.10,286.00& Rs.11,917.00. For those fixed deposits the total amount to be received by the complainant from the opp. parties is Rs. 82,603.00 along with membership joining point amounting to Rs. 35,959.00,Rs. 35,752.00 , Rs. 7,925.00 Rs.14,172.00 & Rs.12,652.00. After the maturity the complainant approached the opp. parties in several occasions for payment of the dues. On 05.08.2020 the complainant submitted a written application to opp. party No.1 with a request to disburse the amount due to him but he refused to receive the application and also refused to pay the amount due to the complainant. Hence the present complaint.
3. Notices were issued to all the opp. parties through Registered post with A.D on 15.09.2020. During hearing the complainant prayed to delete the opp.party No.2 and accordingly opp.party No.2 has been deleted from the present proceeding .The A.D of opp. party No.1 is available in the case record. S.R of opp. party No.3 is not back. As the notice was issued on 15.09.2020 in the correct address of the opp. party No.3 through registered post with A.D it is deemed to have been served on opp. party No.3 in view of section -27 of General Clauses Act.
4. Notices were issued to all the opp.parties through Regd. Post with A.D on 15.09.2020. The A.Ds of opp.party No.1 is available in the case record which shows service of notice on them. Inspite of such notice to all the opp.parties through Regd. Post with A.D they did not appear before this authority nor filed written statement . Only on 06.01.2023 opp.party No.1 appeared through his advocate and challenged the maintainability of the present proceeding before this Commission.
5. It is the specific plea of the opp.party No.1 that the complainant is a member of Sahara Co-operative Society Ltd , as such he is not a consumer as described under C.P.Act, 2019. He has relied on a decision of Hon’ble National Commission, New Delhi passed in Revision Petition No. 4871 of 2012 namely M/S. Anjana Abraham ChembethilVrs. Managing Director, Koothattukulam Farmers Services Co-operative Bank .
On the other hand the learned counsel for the complainant relied on the following decisions :-
- Ram KanwarVrs. Sahara India PariwarPvt Ltd., of Hon’ble State Commission ,U.T,Chhandigarh , passed on 28.09.2021.
- The judgement passed on 21.07.2020 by Hon’ble National Commission, New Delhi in Revision Petition No. 4044 of 2014 in Branch Manager, Sahara India Vrs. Raj Kumari Devi .
- The judgement passed by the Hon’ble Supreme Court of India in Civil Appeal No. 64/2010 ,65/2010,66/2010,67/2010 and 68/2010 in the case of Virendra Jain Vrs. Alaknanda Co-operative Group Housing Society Ltd. and others passed on 23.04.2013.
- The judgement passed by Hon’ble Supreme Court of India in Civil Appeal No. 92 of 1998 passed on 11.12.2003 in the case of The Secretary,Thirumurugan Co-operative Agricultural Credit Society Vrs. M.Lalitha (dead) through LRs. &Ors.
6. Perused the judgements relied on by both the parties. On perusal of the photo copies of certificates filed by the complainant it is clear that the complainant is a member of the co-operative society of the opp.parties business organization. It is also clear from the evidence on record that the complainant has deposited different amounts and certificates were issued in his favour by the society of the opp.parties. Even though he is a member of the society of the opp.parties she has invested certain amount to earn the maturity amount on his deposits. From the judgment pronounced by the different Commissions and the Hon’ble Supreme Court relied on by the complainant it is crystal clear that the complaint is a consumer U/s. 2(7) of C.P.Act, 2019. So the plea of the opp.party No.1 that the present complaint petition filed by the complainant is not maintainable is not acceptable at all .So the present complaint filed by the complainant is maintainable before this Commission.
7. The complaint petition filed by the complainant is supported with affidavit. From the complaint petition it is clear that on 13.07.2018the complainant has deposited an amount ofRs.21,800.00 Rs.21,800.00,Rs.4,550.00,Rs.8,200.00 & Rs.9,500.00 with the opp. parties and accordingly certificates No. 438000808812, 438000808813, 438000808814, 438000808815 & 438000808816 were issued in her favour. The photo copies of certificates are filed by the complainant. On perusal of the photo copies of those certificates it is clear that the maturity date in all those savings were 13.07.2020. The maturity amount in the aforesaid certificates are Rs.27,346.00, Rs.27,346.00, Rs. 5,708.00,Rs.10,286.00& Rs.11,917.00, which the complainant is entitled to get along with other benefits. There is no clear evidence in the record that the complainant is entitled to some amounts as against joining point. There is also no sufficient evidence that the complainant is entitled to the amounts claim by her as against the joining point. However, the complainant is entitled to the interest on those deposits as provided under fixed deposits. From the materials on record it is clear that the complainant is entitled to Rs.27,346.00, Rs.27,346.00, Rs. 5,708.00,Rs.10,286.00& Rs.11,917.00 with interest @ 12% p.a there on from the date of maturity till actual payment is made. He is also entitled for compensation and litigation cost.
8. Hence ordered:-
: O R D E R :
The case be and the same is allowed in part on contest against opp.party No.1 and exparte against opp.party No.2 & 3 . The opp. parties are directed to pay the maturity amount of the deposits bearing certificate No. 438000808812, 438000808813,438000808814, 438000808815 & 438000808816 along with interest @ 12% p.a. from the date of maturity until payment is made. They are further directed to pay an amount Rs. 15,000.00 (Rupees Fifteen Thousand) only as compensation and Rs.5000.00 (Rupees Five Thousand) only towards litigation expenses. The opp. parties are jointly and severally liable for the claim of the complainant.
The opp. parties are further directed to comply the order within a period of one month of receipt of this order, failing which they are liable to pay penal interest @ 16% per annum, on the amount due by the complainant.
