Punjab

Ludhiana

CC/21/290

Santosh Sood - Complainant(s)

Versus

Sahara CreditCooperative Society Ltd - Opp.Party(s)

Anand Sabharwal Adv.

01 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 290 dated 01.06.2021.                                                       Date of decision: 01.09.2022. 

 

Santosh Sood wife of Late Shri Surinder Mohan Kumar, earlier resident of House No.97, Street No.02, Roop Nagar, Khanna now resident of House No.92, Street No.02, Roop Nagar, Khanna, District Ludhiana.                                                                                                               ..…Complainant

                                                Versus

1. Sahara Credit Cooperative Society Limited, having its registered Office at Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lukhnow, Uttar Pradesh-226024 (UP), through its Chairman/President/Authorized person.
2. Sahara Credit Cooperative Society Limited having its Branch Office at SF-111, 2^nd Floor, Guru Amar Dass Market, Near Kumar Laboratory, Khanna-141401 District Ludhiana, through its Branch Manager.                                                                                  …..Opposite parties 

Complaint U/s. 35 of Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Anand Sabherwal, Advocate.

For OPs                         :         Sh. Vikas Gupta, Advocate.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainant is that on 23.02.2016, the complainant deposited an amount of Rs.31,000/- with the OPs vide membership No.25626200314 and another amount of Rs.31,000/- vide membership account No.25626200312 and further deposited an amount of Rs.32,000/- vide membership account No.25626200313. After a period of 18 months on 25.07.2018, the aforesaid accounts were renewed and the OPs issued certificate No.787003102122, No.787003102123 and No.787003102124 with a maturity value of Rs.46,147/-, Rs.40,680 and Rs.47,636/- respectively. The maturity date of these deposits was 25.01.2020 as mentioned in the certificates. On the date of maturity, the complainant requested the OPs to release the maturity amount but the OPs started dillydallying and kept on putting off the matter on one pretext or the other. The complainant got served a legal notice dated 04.05.2021 requesting the OPs to release the maturity amount of Rs.1,32,974/- but to no avail. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to pay the maturity amount of Rs.1,32,974/- with interest @24% per annum from 25.01.2020 onwards along with compensation of Rs.50,000/- and litigation expenses of Rs.11,000/-.

2.                The complaint has been resisted by the OPs. In the written statement, it has been, inter alia, pleaded by the OPs that the complainant is not a consumer as the OPs are society registered under Multi State Cooperative Society Act, 2002 and the complainant bearing a member is not covered under the definition of consumer. Moreover, as per the clause 13 of the scheme, all the disputes are subject to arbitration as per the provisions of Multi State Cooperative Society Act, 2002. Thus, the complainant has no locus standee to file the present complaint. The other allegations made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

3.                The complainant filed replication to the written statement reiterating the allegations made in the complaint and controverting those mentioned in the written statement.

4.                In evidence, the complainant submitted her affidavit as Ex. CA along with documents Ex. C1 to Ex. C13 and closed the evidence.

5.                On the other hand, the counsel for the OPs made a statement that the written statement filed by the OPs be considered as evidence of the OPs and closed the evidence.

6.                We have heard the counsel for the parties and have also gone through the record.

7.                It is not disputed and is evident from the record and documents available on the file that as per certificates Ex. C4, Ex. C6 and Ex. C8, the OPs were supposed to pay Rs.46,147/-, Rs.47,636/- and Rs.46,147/- in all Rs.1,39,930/- to the complainant on maturity date of 25.01.2020. The said amount was not released by the OPs despite the repeated requests. This clearly amounts to deficiency of service on the part of the OPs. In the given circumstances, it would be just and proper if the OPs are directed to reimburse the amount of Rs.1,39,930/- to the complainant along with interest @7% per annum from 25.01.2020 till date of actual payment along with composite cost of Rs.8,000/-.

8.                The counsel for the OPs has argued that the complainant is not covered under the definition of the consumer as the complainant is only a member of the OP Society and being a member, she is required to get her grievance redressed by availing remedy under Cooperative Societies Act which expressly bars the jurisdiction of civil court including that of this Commission. 

9.                We have considered the above contentions of the counsel for OP1 and OP2 but have found the same to be not tenable. In this regard, a reference can be made to law laid down in Mandatai Sambha Ji Pawar and another Vs State of Maharashtra passed in Writ Petition No.117 of 2011 decided on 03.05.2011 by the Hon’ble Bombay High Court whereby it has been held that the remedy under Consumer Protection Act is a remedy in addition to the remedy provided under Section 91 of the Maharashtra Cooperative Societies Act and the jurisdiction of the Consumer Forum and other authorities under Consumer Protection Act is not excluded expressly or by necessary implication by section 91 of the Maharashtra Co-operative Societies Act. In this case, there is also a reference to the law laid down the decision of the Supreme Court in Secretary, Thirumurugan Co-operative Agricultural Society vs. M. Lalitha, 2004 (1) SCC 305 whereby also it was held likewise. Therefore, it cannot be said that against the Cooperative Society, the complaint is not maintainable under the Consumer Protection Act.

10.               As a result of above discussion, the complaint is allowed with an order that the OPs shall be jointly and severally liable to pay the maturity amount of Rs.1,39,930/- to the complainant along with interest @7% per annum  from 25.01.2020 till date of actual payment. OPs shall further pay a composite compensation of Rs.8,000/- (Rupees Eight Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

11.              Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:01.09.2022.

Gobind Ram.

 

 

 

Santosh Sood Vs Sahara Credit                                                        CC/21/290

Present:       Sh. Anand Sabherwal, Advocate for complainant.

                   Sh. Vikas Gupta, Advocate for OPs.

 

                   Learned counsel for the OPs suffered statement that written statement be read as evidence of OPs and closed the same.                                               Arguments heard. Vide separate detailed order of today, the complaint is allowed with an order that the OPs shall be jointly and severally liable to pay the maturity amount of Rs.1,39,930/- to the complainant along with interest @7% per annum  from 25.01.2020 till date of actual payment. OPs shall further pay a composite compensation of Rs.8,000/- (Rupees Eight Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:01.09.2022.

Gobind Ram.