Punjab

Ludhiana

CC/19/254

Subhash Kumar - Complainant(s)

Versus

Sahara Q shop Unique Products - Opp.Party(s)

Kanwaljit Singh Adv.

07 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 254 dated 23.05.2021.                                                        Date of decision: 07.06.2022.

 

Subhash Kumar aged 43 years son of Shri Brij Lal, resident of House No.7400/5, Near Lal Mandir, New Durgapuri, Ludhiana.                                                                                                                      ..…Complainant 

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1. Sahara Q Shop Unique Products, Range Limited, Sahara India Bawan, 1, Kapoorthala Complex, Aliganj, Luckhnow-226024, through its Director/M.D.
2. Sahara Q Shop Unique Products, Range Limited, Ludhiana-II, City Branch, Guru Nanak Pura, Opposite Petrol Pump, Kailash Chowk, Ludhiana, through its Manager.
3. Harish Chander Patel, Agent, s/o. Aodi Chaudhary, Sahara Q Shop Unique Products, Range Limited, Ludhiana-II, City Branch, Guru Nanak Pura, Opposite Petrol Pump, Kailash Chowk, Ludhiana                                                                                                        …..Opposite parties 

Complaint under Section 12 and 14 of the Consumer         Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Kanwaljit Singh, Advocate.

For OP1 and OP2          :         Sh. Ritesh Mohindra, Advocate.

For OP3                         :         Complaint against OP3 not admitted vide order                                           dated 28.06.2019.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainant is that on the inducement of OP3, the complainant invested a sum of Rs.1,00,000/- in FDR No.071 010564748 receipt No.71010564748 dated 08.08.2012 in Sahara Q Shop Unique Shop Plan H. The FDR with interest matured on 08.08.2018. Thereafter, the complainant approached the OPs and requested them to encash the same but to no avail. The complainant even got served a legal notice dated 25.04.2019 but despite that the OPs failed to pay the maturity amount of the FDR. 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 invested amount of the FDR with interest and compensation of Rs.80,000/- and litigation expenses of Rs.11,000/-.

2.                The complaint as against OP3 not admitted vide order dated 28.06.2019.

3.                The complaint has been resisted by OP1 and OP2. In the written statement filed on behalf of OP1 and OP2, it has been, inter alia, pleaded that the complainant is not a consumer and the complaint is not maintainable before this Commission. Moreover, under the Instructions of Hon’ble Supreme Court of India, Sahara Parivar was directed to deposit a sum of Rs.22,500/- crore with the Securities Exchange Board of India (SEBI). The said amount was duly deposited by the Ops with interest. The SEBI has since issued the notice in 154 newspapers during the last 8 years calling upon the investors to receive the amount. The SEBI has till date disbursed Rs.106.10 Crore. The complainant is, therefore, supposed to lodge his claim with the SEBI. The other averments made in the complaint have been denied being wrong and in the end, prayer for dismissal of the complaint has been made.

4.                The complainant has filed rejoinder to the written statement of OP1 and OP2 reiterating the averments made in the complainant and controverting those made in the written statement.  

5.                In evidence, the complainant submitted his affidavit as Ex. CA along with documents Ex. C1 to Ex. C6 and closed the evidence.

6.                On the other hand, learned counsel for OP1 and OP2 tendered only affidavit Ex. RW1/A of Sh. Sunil Kumar Singh, authorized representative of OP1 and OP2.

7.                We have heard the counsel for the parties and have also gone through records.

8.                It is evident from the certificate Ex. C1 that the complainant invested a sum of Rs.1,00,000/- with the OPs on 08.08.2012. The investment was to mature on 08.08.2018. No maturity amount is shown to have been mentioned on the certificate Ex. C1 nor anything is clear from the document Ex. C2 as to what amount of interest the complainant was supposed to be given on the invested amount of Rs.1,00,000/- In our considered view, it would be just and proper if the OPs are directed to pay the amount of Rs.1,00,000/- along with interest @8% per annum compoundable yearly from 08.08.2012 till date of actual payment along with composite cost of Rs.10,000/-.

9.                The only argument addressed by the counsel for OP1 and OP2 is 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, he is required to get his grievance redressed by availing remedy under Cooperative Societies Act which expressly bars the jurisdiction of civil court including that of this Commission.  

10.              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.

11               As a result of above discussion, the complaint is partly allowed with a direction to the OPs to pay the amount of Rs.1,00,000/- along with interest @8% per annum compoundable yearly from 08.08.2012 till date of actual payment. The OPs are further made to pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of the order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

12.              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:07.06.2022.

Gobind Ram.

Subhash Kumar Vs Sahara Q Shop                       CC/19/254

Present:       Sh. Kanwaljti Singh, Advocate for complainant.

                   Sh. Ritesh Mohindra, Advocate for OP1 and OP2.

                   Complaint against OP3 not admitted vide order                                           dated 28.06.2019.

                  

                   Arguments of counsel for the complainant heard. Vide separate detailed order of today, the complaint is partly allowed with a direction to the OPs to pay the amount of Rs.1,00,000/- along with interest @8% per annum compoundable yearly from 08.08.2012 till date of actual payment. The OPs are further made to pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of the order. Copies of the order be supplied to the 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:07.06.2022.

Gobind Ram.