Orissa

Cuttak

CC/166/2022

Sanjukta Rout - Complainant(s)

Versus

Branch Manager,Sahara India - Opp.Party(s)

B K Sinha

21 Jul 2023

ORDER

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

C.C.No.166/2022

 

Sanjukta Rout,

W/O:Ramesh Chandra Rout,

At:Gobindapur,Kutchery,

Kendrapada-756061,Odisha,

At present:R.C.Rout,C/o:Chita Ranjan Kar,

Mundamal,Choudwar,Pin-754025,Cuttack.             ... Complainant.

 

                                                                Vrs.

1. The Branch Manager,SAHARA INDIA,

Near Gandhi Chhak,Choudwar,Pin-754025,

                     Cuttack

 

2. The Zonal Manager,SAHARA INDIA,

Plot No.80, Near Empire,Sahid Nagar,

Bhubaneswar-751007.

 

3. The Chairman,SAHARA INDIA

Gomati Nagar,Lucknow,226010.

 

4.  The Chairman,Humara India Credit Cooperative Society Ltd.,

         Regd. Office: Mangal Jyoti,

         101,227/2 AJC Bose Road,Kolkata,

         West Bengal-700020.

 

   5.        The Chairman, Saharayan Universal Multipurpose Society Ltd.,

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

            Infront of D.B.Mall,M.P.Nagar,

             Bhopal,Madhypradesh-462011.                                                                 ... Opp. Parties.

 

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     16.08.2022

Date of Order:    21.07.2023

 

For the complainant:            Mr. B.K.Sinha,Adv. & Associates.

For the O.Ps.                 :          None.

 

                                             

Sri Sibananda Mohanty,Member.                                                        

          The case of the complainant in short is that she had invested money by purchasing one Fixed Deposit Certificate bearing No.465001364850 on payment of Rs.1,85,368/- from the O.Ps  on 07.6.2016 in one of the scheme of the O.Ps namely “F64 Golden A Double”.  The maturity period was 64 months for the said Fixed Deposit Certificate.  On maturity, she was entitled to receive an amount of Rs.3,70,736/- on 07.10.2021 on the Fixed Deposit Certificate.    After the maturity date, the complainant in order to get her matured amount from the O.Ps had visited the office  of the O.Ps on many occasions  but the O.Ps did not release her maturity amount.  Hence, the complainant has filed the present case with a prayer for a direction to the O.Ps to pay her maturity amount in the certificate calculated as  Rs.3,70,736/- alongwith interest as well as compensation of Rs.1,00,000/- towards her mental agony and harassment together with litigation expenses.

          The complainant has filed copy of fixed deposit certificate in order to prove her case.

2.       The O.Ps did not file their written version.  Hence, they were set exparte.

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  and if they had practised any unfair trade?

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 there is a pertinent decision of Hon’ble Supreme Court 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. 

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, 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 her complaint petition gains ample corroboration from the documentary evidence filed by her.

Admittedly, the complainant had purchased one Fixed Deposit Certificate bearing No.465001364850 on payment of Rs.1,85,368/- from the O.Ps in one of the scheme of the O.Ps namely “F64 Golden A Double”. The contention of the complainant is supported with xerox copy of Fixed Deposit certificate filed by her.

It is not disputed that the complainant had purchased one Fixed Deposit Certificate from the O.Ps on payment of Rs.1,85,368/-.  The maturity date of the said certificate/bond was clearly mentioned as 07.10.2021 in the said certificate, which was due after 64 months of purchasing the certificate.     The O.Ps had not given the complainant the matured amount after the maturity period.  The complainant had approached the O.Ps many a times to get her maturity amount but they did not give the matured amount of her certificate, which amounts to deficiency of service by the O.Ps.  In this context, there is 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 she 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 by which  the complainant was deprived of getting her 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 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 of Rs.3,70,736/- in respect of certificate No.465001364850 as claimed by her 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.3,70,736/- towards the “F64 Golden A Double” Certificate no.465001364850 to the complainant alongwith interest thereon @ 12% per annum from the date of maturity i.e. 07.10.2021 till the final payment is made.  The O.Ps are further directed to pay the complainant a sum of Rs.50,000/- towards the compensation for her mental agony and harassment along with a sum of Rs.10,000/- towards her litigation expenses.  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 21^st day of July,2023 under the seal and signature of this Commission.                                                                                                                                                                                     

                                       Sri Sibananda Mohanty

                                                                                                                                           Member

 

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President.