Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint was initially filed under the provision of C.P. Act, 2019 against the Opposite Parties (O.P.s)- 1) The Sector Head, Sahara Credit Co- operative Society Limited, Sahara India Region Service Centre, Shefali Sadan, Opp.- LIC Office, Station Feeder Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Cod- 734005, 2) Sahara Credit Cooperative Society Ltd., Reg. Office- Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow- 226024, Uttar Pradesh and 3) Sri Arun Tiwari, North Baghajatin Colony, Near High School, Main Road, P.O. & P.S.- Pradhan Nagar, Dist.- Darjeeling, Pin Code- 734003 who appeared in this case by filing W.V. and vide Order No. 08, dated 08.08.2023 of this Commission the case runs ex- parte against O.P. No. 1, 2 and 3.

The brief fact of the case of the complainant as per his complaint is as follows:-

The complainant purchased a F2 SAHARA .A. SELECT scheme being Certificate No. 925005753877 of Rs. 1, 29, 000/- (Rupees One Lakh and Twenty Thousand) only from the O.P. No.1 and 2 on 27.12.2018. The maturity date of the said scheme was 27.06.2020 and the maturity amount was Rs. 1, 50, 027/- (Rupees One Lakh Fifty Thousand and Twenty Seven) only. The complainant was an account holder of the O.P. No.1 and 2 and his account No. is 11977203536. The complainant was also a member of the said Society and his membership no. was 11971300189. Due to the pandemic of Covid19, various government and private offices in Siliguri town were closed for a long time including the office of the O.P. No.1 and after the situation became normal, the complainant several times went to the office of the O.P. No.1for getting his maturity amount of his said scheme but the O.P. No.1 did not meet the complainant however the office staffs had repeatedly assured the complainant that he would get his maturity amount on time. The complainant last visited the office of the O.P. No.1 on 13.05.2022 but the Sector Head of the office of the O.P. No.1did not meet the complainant however his office staff said that the maturity amount would be cleared to the complainant within 02 (two) days. The O.P. No.3 also assured the complainant that the complainant would get his maturity amount within stipulated period but finally the complainant did not get his maturity amount of Rs. 1, 50, 027/- (Rupees One Lakh Fifty Thousand and Twenty Seven) only from the O.P.s. On 14.05.2022 the complainant sent a legal notice to the O.P.s which was duly served upon the O.P. No.1 and 2 but they did not respond. The O.P. No.3 did not get the legal notice and it was returned to the sender, i.e., to the Ld. Advocate of the complainant on 02.06.2022. Finally, having no other alternative the complainant lodged this complaint.  

The prayers of complainant are as follows: -

1. To pass an order directing the O.P.s to pay Rs. 1, 50, 027/- (Rupees One Lakh Fifty Thousand and Twenty Seven) only to the complainant along with 12% interest on and from 28^th June, 2020 to till date.
2. To pass an order directing the O.P.s to pay Rs. 1, 00, 000/- (Rupees One Lakh) only for mental agony, harassment whatsoever of the complainant.
3. The cost of Legal Expenditure of Rs. 25, 000/- (Rupees Twenty Five Thousand) only be paid to the complainant by the O.P.s.
4. Further and other reliefs as complainant may be entitled to be granted.

          List of Documents filed by the complainant:

1. Photocopy of Investment Certificate of F2 SAHARA .A. SELECT being Certificate No. 925005753877.
2. Photocopy of Legal Notice, dated 14.05.2022.
3. Photocopy of Postal Slip Certificate, dated 14.05.2022.
4. Photocopy of Track Consignment Report of Postal slip being No. RW928695452IN, dated 18.05.2022.
5. Photocopy of Track Consignment Report of Postal slip being No. RW928695435IN, dated 20.05.2022.
6. Photocopy of unclaimed Envelop of Legal Notice being postal No. RW928695449 returned on 02.06.2022.

          The Opposite Parties (O.P.s)- 1) The Sector Head, Sahara Credit Co- operative Society Limited, Sahara India Region Service Centre, Shefali Sadan, Opp.- LIC Office, Station Feeder Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Cod- 734005, 2) Sahara Credit Cooperative Society Ltd., Reg. Office- Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow- 226024, Uttar Pradesh and 3) Sri Arun Tiwari, North Baghajatin Colony, Near High School, Main Road, P.O. & P.S.- Pradhan Nagar, Dist.- Darjeeling, Pin Code- 734003 who appeared in this case by filing W.V. and vide Order No. 08, dated 08.08.2023 of this Commission the case runs ex- parte against O.P. No. 1, 2 and 3.     

Having heard, the Ld. Advocate of the complainant and on perusal of the complaint and documents filed by the complainant the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

Decision with reason:-

          All the points are taken up together for consideration and decision.

Seen and perused the complaint petition which is supported by the affidavit, documents filed by the complainants. We are also heard arguments of the complainant in full length.

The complainant resides in Siliguri, Dist.-Darjeeling and the O.P. No.1 and 3 was carrying his business in Siliguri, Dist.- Darjeeling. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.  

In order to prove the case the Complainant has filed its evidence in the form of an Affidavit and in the written complainant has specifically corroborated the Complaint and has stated on which day he purchased the scheme of Rs. 1, 29, 000/- (Rupees One Lakh and Twenty Thousand) only being Certificate No. 925005753877. The complainant was an account holder of the O.P. No.1 and 2 and his account No. is 11977203536. The complainant has also stated how many times he intimated the O.P.s through letters for demanding the certificate and maturity amount in respect of his scheme/ certificate from the O.P.s. but the O.P.s did not make any payment till today. In his complaint the complainant stated that the maturity amount of the said scheme was Rs. 1, 50, 027/- (Rupees One Lakh Fifty Thousand and Twenty Seven) only but the O.P.s did not pay the said maturity amount after the date of maturity of the said bond.     

At the time of argument Ld. Advocate of the Complainant submits that the complainant has been able to prove its case against the O.P.s not only through their Written Deposition but also by producing documents.

          The complainants several times tried to get his legitimate claim but the O.P.s failed to settle the said legitimate claim.

Firstly, to determine the case we can refer a decision of the Hon'ble Supreme Court where it held that the disputes between Co-operative Society and its member regarding deficiency in Service can be maintained under the Consumer Protection Act vide the case of The Secretary, Thirumurugan Co-operative Agricultural Society Vs. M. Lalitha (Dead) through LRS (Appeal, Civil 92 of 1998) decided on 11.12.2003.

It was also decided by the Hon'ble Supreme Court in Virender Jain Versus Alkananda Co-op. Group Housing Society Ltd. (2013) 9 SCC 383 it was held that dispute raises by the members of the society can be decided by the Consumer Forum.

In view of those decisions and other materials on record we are of the view that this Commission has sufficient Jurisdiction to entertain this Complaint as a Consumer dispute and thereby this case is maintainable.

To determine the case also from the point of jurisdiction, the Larger Bench of the Hon'ble National Consumer Commission in the case of “Aftab Singh - Versus- Emaar MGF Land Limited & anr” being Consumer Case No. 701 of 2015 Vide Order dt. 13.07.2017 wherein it was held that, an arbitration clause in the Agreements cannot circumscribe the jurisdiction of a Consumer Forum notwithstanding the Amendments made to Section 8 of the Arbitration Act. Against that Order Civil Appeals bearing in No. 23512-23513 of 2017 was filed before the Hon'ble Supreme Court. But the said Appeal was dismissed on 13.02.2018. Against that Order Review Petition being No. 2629-2630 of 2018 was filed before the Hon'ble Supreme Court and on 10.12.2018 that Review Application was also dismissed. In view of the above there is no doubt that this Commission has its jurisdiction to decide this case.

In the case in hand there is no dispute that the Complainant was not provided with Investment Certificate. It is also not denied / disputed that, the Complainant did not deposit the sum of money to the O.P.s. It is also admitted fact that, the O.P.s on receiving the sum of money issued deposit certificates to the complainant.

          The complainant several times tried to get his legitimate claim but the O.P.s failed to settle his said legitimate claim.

So, as per the above discussion this Commission has no doubt to hold that there was a unfair trade practice occurred from the part of the O.P.s. In the instance case, the complainant is entitled to get the entire maturity of Rs. 1, 50, 027/- (Rupees One Lakh Fifty Thousand and Twenty Seven) only from the O.P. No. 1 and 2.

Hence, it is, therefore,

ORDERED

That the Consumer Case No. 50/ 2022 be and same is allowed on ex-parte against the O.P.s (Sahara Credit Co- operative Society Limited) with cost. The O.P. No.1 and 2 are jointly and severally liable in this case.

The O.P.s are directed to pay the entire maturity in total to the complainant along with a simple interest @ 9% Per Annum from the date of maturity of his scheme/ certificate, i.e., from 27.06.2020, till the realization of the entire amount. The complainant is also entitled to get Rs. 10,000/- (Rupees Ten Thousand) only for harassment, mental pain and agony and Rs. 10,000/- (Rupees Ten Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission. The O.P.s shall pay the entire amount through an account payee cheque within 45 (forty five) days from the date of this order, i.e., from 27.09.2024, in default the complainant will be at liberty to execute the award as per law.     

Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.