Haryana

Ambala

CC/60/2022

Shobha Rani - Complainant(s)

Versus

The Chairman/Managing Director Sahara Credit Co-operative - Opp.Party(s)

Rakesh Kumar Singh

20 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	60 of 2022
Date of Institution	:	22.02.2022
Date of decision	:	20.06.2023

 

Shobha Rani, aged about 46 Yrs, w/o Sh. Arjun Singh, R/o H.No.18/2, Defence Colony, Ambala Cantt.

…. Complainant

                                                Versus

1. The Chairman/Managing Director, Sahara Credit Co- Operative Society Ltd. Regd. Office Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow (U.P.)-226024.
2. The Manager, Sahara Credit Co-Operative Society Ltd. Authorized Centre, H.No.5744-5746, Sehgal Golden Transport Building, Ambala Cantt.
3. Balbir Singh Gill s/o Sh.T.S.Gill, Authorized Agent Sahara Credit Co-Operative Society Ltd, R/o H.No.96, Sector-B, Near Shiv Mandir, Defence Colony, Ambala Cantt.
4. R.P.Singh, authorized Signatory, Sahara Credit Co- Operative Society Ltd. Authorized Centre, H.No.5744-5746, Sehgal Golden Transport Building, Ambala Cantt.

.…. Opposite Parties

 Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri R.K. Singh, Advocate, counsel for the complainant.

                   Defence of OPs No.1 and 2 struck off vide order dated 11.01.2023.

                   OPs No.3 and 4 ex parte vide order dated 10.11.2022            

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay maturity amount of Rs.17,445/- alongwith interest, till realization.
2. To pay compensation to the tune of Rs.30,000/- for harassment, mental pain, agony and financial loss
3. To pay litigation expenses to the tune of Rs. 20,000/-

 

2.           Brief facts of this case are that the complainant is a housewife and O.P.No.3, who is an authorized agent of Sahara Credit Co-operative Society Ltd. bearing code 239810340 cadre 13, approached the complainant and induced her to invest Rs.500/- pm in the scheme namely-Sahara M Benefit (500 SCCSL) and assured her a handsome amount on the maturity of the scheme. Believing O.P.No.3, the complainant agreed to invest in the said scheme. The scheme was for a period of five years and the same was to be matured on November, 2017. On 11.12.2012, the complainant became the member of the above said scheme as per the assurance of the OP No.3 and paid Rs.110/- vide receipt no.080238170974 dated 11.12.2012. As such, she got membership no.23981201579; vide documents reference no.505865659365 FA Code 92011, Account Head -admission fee (SCC SL) amount of Rs.10/- and vide documents reference no.505865659365 FA code 950021, SHARE CAPITAL (SCC SL) amount through a receipt. On the same date, the complainant invested Rs.500/- in the said scheme vide receipt no.080238170975 dated 11.12.2012, Annexure-2, account no.23984202337 mode M Deno.Rs.500/- and those receipts were printed by Mr.Amit Kumar 27129 Inp# NBL190000024 which was duly signed by OP No.3. Thereafter the complainant paid Rs.500/- per month upto 11.11.2017. The OPs issued a passbook, wherein the month wise entries of Rs.500/- detail was given. After the date of maturity, the complainant asked OP No.3 to pay the maturity amount i.e. Rs.30,000/- principle amount and interest as per the terms and conditions of the scheme but the O.P.No.3 made lame excuses. The complainant visited several times to OPs in the matter but to no avail. Thereafter the OP No.3 asked the complainant to sign two withdrawal form and an application/maturity claim form dated 19.1.2018, which were sent to the office of OP No.1 by the OP No.2 and 3, but the amount has not been paid and thereafter the complainant through her counsel sent a legal notice dated 26.7.2018, Annexure-8 upon the OPs.  Left with no alternative, the complainant on 8.10.2018 filed a complaint no.CC-329 of 2018 before this Commission. However, thereafter, the OPs entered into a compromise with the complainant and asked the complainant to send a consent letter i.e. Annexure-12. Thereafter the OPs  calculated the amount to the tune of Rs.42,844/- out of which the O.Ps issued two cheques bearing nos.111827 dated 15.11.2018 of Rs.27,744/- Annexure -13 and cheque no.111836 dated 15.11.2018 of Rs.100/- Annexure -14 of Corporation Bank, Branch Ambala Cantt. and the same were encashed. Further the OPs  issued a receipt of Rs.15,000/- Annexure-15 and issued a FDR bearing no.009224282 of Rs.15,000/- on 15.11.2018 Annexure -16, for a period of 18 months which was to be matured on 15.5.2020 and the maturity amount of the above said FDR was Rs.17,445/- which FDR was duly signed by the OP No.4 being authorized signatory of OPs No. 1 and 2. Thereafter the complainant sent an information letter of receiving of cheques, receipt and FDR to the OPs  and made a statement before this Commission on 26.11.2018 and as such, vide order dated 26.11.2018 the complaint no.CC-329 of 2018 was dismissed as withdrawn. However, after expiry of maturity date of the said FDR i.e. 15.05.2020, the complainant started requesting the OPs, a number of times, to pay her the maturity amount but they started lingering on the matter and did not pay the same. The complainant served a legal notice dated 18.11.2021, Annexure C-19 in the matter, through her Counsel, , which was duly received by the OPs  but to no avail.   Hence this complaint.  
3.           Despite availing number of opportunities, after putting appearance, when OPs No.1 and 2 did not file written version, their defence was struck of by this Commission vide order dated 11.01.2023.
4.           Upon notice, none appeared on behalf of the OPs No.3 and 4, before this Commission, therefore, they were proceeded against ex-parte vide order dated 10.11.2022.
5.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure C-A alongwith documents as Annexure C-1 to C-25 and closed the evidence of the complainant.
6.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
7.           Learned counsel for the complainant submitted that by not making payment of the maturity amount, referred to above, after the maturity date, the OPs have committed deficiency in providing service, for which they need to be penalized. 
8.           It may be stated here that the complainant has prayed for issuance of directions to the OPs for payment of the maturity amount of Rs.17,445/- alongwith interest.  It is evident from the certificate dated 15.11.2018, Annexure C-16, that complainant is entitled to get the maturity amount of Rs.17,445/- on maturity i.e 15.05.2020 against the deposited amount of Rs.15,000/-.  As stated above, notice of this complaint was sent to the OPs, seeking their version, yet, nobody appeared on behalf of OPs No.3 and 4, despite service,  as a result whereof, they were proceeded against ex-parte vide order dated 10.11.2022. At the same time, defence of OPs No.1 and 2 was struck of vide order dated 11.01.2023 as despite seeking numerous opportunities, they failed to file written version. This act of OPs No.1 to 4 draws an adverse inference against them. The non-appearance of the OPs No.3 and 4 and also non filing of written version by OPs No.1 and 2 shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. In this view of the matter, the complainant is held entitled to the maturity amount of Rs.17,445/-, alongwith interest and also compensation for mental agony and harassment and litigation expenses.
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-

1. To pay the maturity amount of Rs.17,445/- to  the complainant alongwith interest @6% p.a. from 15.05.2020 i.e.  the date of maturity onwards till realization. 
2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment, caused to the complainant.
3. To pay Rs.3,000/- as litigation expenses.

 

10.           However, this Commission is aware of the fact that vide order dated 29.03.2023, having been passed by the Hon’ble Supreme Court of India in Writ Petition No.191 of 2022 titled as Pinak Pani Mohanty Vs. Union of India and Ors. wherein, the Hon’ble Supreme Court has directed that out of Rs.500 crores which is to be transferred from SEBI to Central Registrar of Cooperative Societies, thereafter the same can be disbursed to the legitimate depositors of Sahara Group of Cooperative Societies, within a period of nine months from 29.03.2023. In this view of the matter, the complainant is therefore directed to approach the Central Registrar of Cooperative Societies/Authority concerned, as per order dated 29.03.2023 to recover the awarded amount because the said FDRs have been acknowledged by Sahara India Pariwar by affixing their stamps.  A copy of the order dated 29.03.2023 be also sent to the parties, alongwith certified copy of this order, by retrieving the same from the earlier orders passed against the OPs in similar cases. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.  

Announced on :20.06.2023

 

 

 

(Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

   Member                                      Member                       President