Sri S.K.Sahoo,President.
This is a complaint filed by the complainant U/s. 35 of C.P.Act, 2019.
2. The case of the complainant is that she is a resident of Vill.Banarpal under Angul District and the opp.parties are representatives of Universal Multipurpose Society Ltd, which is running its business having a branch office in Angul District. Being influenced by the opp.parties the complainant invested an amount of Rs. 7,700.00 in Super BB Scheme in the year 2014 and accordingly the authorised signatory of the society issued Certificate No. 467000813578 in favour of the complainant. The complainant is entitled to get interest on the amount deposited by her along with the membership joining point and other benefits. The aforesaid deposit was made by the complainant with opp.parties only to earn her livelihood. The complainant is entitled to the amount deposited by her along with interest, membership joining point amounting Rs. 13,018.00 along with other benefits. After the maturity i.e 36 months the complaint approached the opp.parties for payment of the amount due by her. The opp.parties didn’t pay any heed to the request of the complainant. When the complainant went to opp.party No.1 to submit a written report he refused to receive the application and disburse the amount due by the complainant. Hence the case.
3. Notices were issued to both the opp.parties through Regd. Post with A.D on 04.01.2022 .A.D cards of both the opp.parties are also available in the case record, which shows that both the opp.parties have received the notice from this Commission on 05.01.2022. . Inspite of service of notices, both the opp.parties did not file their show cause in time. Only on 10.08.2022 the Learned Counsel Sri D.K.Pani & others appeared on behalf of opp.party No.1 and filed a petition , challenging the maintainability of the present proceeding before this Commission and after hearing both the parties the said petition has been disposed of vide order dtd. 04.01.2023.
4. It is the specific plea of the opp.party No.1 that the complainant is a member of Sahara Co-operative Society Ltd , as suchs 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 Kanwar Vrs. Sahara India Pariwar Pvt 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.
5. 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 she 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 complainant 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.
6. The complaint petition filed by the complainant has been supported with affidavit .In her complaint petition the complainant at Paragraph-2 has mentioned that in the year 2014 she has deposited an amount of Rs.7,700.00 in Super BB Scheme for a period of 36 months. The photo copy of Certificate No. 467000813578 has been filed by the complainant. On perusal of the said certificate it appears that the complainant has contributed an amount of Rs. 7700.00 under Super BB Scheme on 30.12.2017 .The Learned Counsel for the complainant failed to file any document to show that the complainant has deposited the said amount in the year 2014 and it has been deposited for 36 months. On perusal of page- 2 of the certificate it is clear that it has been issued on 30.12.2017 not in the year 2014. So the claim of the complainant that she has deposited Rs7,700.00 in the year 2014 for 36 months is not at all supported with documents., hence not reliable. The complainant has claimed an amount of Rs. 13,018.00 towards membership joining point amount. She failed to show how she is entitled to the said amount of the money. However it is clear from the materials on record that the complainant has contributed an amount of Rs. 7,700.00 on 30.12.2017 . Even after receipt of the notice from this Commission the opp.parties did not turn-up to participate in the hearing and produce the materials to disbelieve the evidence produced by the complainant before this Commission. The opp.parties have not paid the amount claimed by the complainant even after receipt of the notice from this Commission. From page-2 of the certificate it is clear that the member i.e complainant is free to redeem the joining point after expiry . From the materials placed by the complainant it is clear that the complainant is entitled to interest @ 12% per annum and the amount deposited by her until it is paid by the opp.parties.
7. 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. The opp. parties are directed to pay the amount of the deposits i.e Rs.7,700.00 (Rupees Seven Thousand Seven Hundred) only bearing certificate No.467000813578 along with interest @ 12% p.a. from 30.12.2017 until payment is made. They are further directed to pay an amount Rs. 5,000.00 (Rupees Five Thousand) only as compensation and Rs.1000.00 (Rupees One 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.
