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Judgment
JASBIR Kaur and six other members of her family, all residents of S.C.O. No. 147, Sector 24-D, Chandigarh have instituted this complaint alleging that several sums of money enumerated in para No. 5 of the complaint were deposited during the period 7.6.92 to 14.10.93 with the respondent Cooperative Society but neither the entire principal nor interest has been paid except that the complainants were paid a sum of Rs. 65,843/- and even now the sum of Rs.3,37,340/ remains outstanding. Besides this interest totalling at Rs. 60,721 /- and damages to the tune of Rs. 2,00,000/- have been claimed in this complaint.
IN the reply filed on behalf of respondent Nos. 1 to 3, it has been averred that the respondent Society is registered at Ambala, functioning at Panchkula and that this Commission which mainly deals with cases of Union Territory, Chandigarh has no jurisdiction to entertain it. Ex parte proceedings were ordered against respondent No. 4 who did not turn up despite service having been effected. In a separate reply filed by the Administrator, respondent No. 1, it has been averred that Kali Dutt, Ravi Dutt and Ram Kumar had been collecting the deposits from non-members without any authority and the money collected by them was never deposited with the Society and complainant had no claim against the Society. Besides, there are no details as to what amount was deposited by each of the seven complainants. The respondents neither received the money nor the FDRs were issued to the complainant. A criminal case has been registered against aforesaid three persons who collected some deposits from various persons.
The Society is situated at Panchkula, which is in Haryana though the original F.D.Rs. have not been placed on record or otherwise shown to this Commission yet the photo-copies of the alleged receipts also show that these were issued by Cooperative Society located at Panchkula. All this goes to show that this Commission has no territorial jurisdiction to entertain this complaint.
A few lines from the statement of Smt. Jasbir Kaur, complainant, recorded here are as under: "The money was deposited mainly by my husband on the advice that whenever required it shall be refunded. It is incorrect that the money was entrusted to Shri Kali Dutt and not to respondent No. 1. I am unable to tell the name of the person who actually received the cash because my husband went for depositing. It is incorrect that the money was never credited to the Society."
It may also be mentioned here that Surmukh Singh, the husband of complainant has neither appeared as a witness nor filed any affidavit here. Even otherwise, the deposits relate to the year 1992 or at the most one deposit of Rs. 5,000/- relates to 14.10.93 and the complaint was instituted on 6.3.96. This clearly shows that it is barred by time so far as this Commission is concerned. Considering all these circumstances/ there appears to be no merit and complaint is dismissed. There is no bar for the complainants to seek any other remedy, which may be available. Complaint dismissed.