BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DAVANAGERE

C.C.No.70/2017

             Dated on this the 29^th day of May - 2017

PRESENT

SRI.T.N. SREENIVASAIAH, B.A., LL.B.                    PRESIDENT

 [SMT.JYOTI RADESH JEMBAGI. B.Sc. M.B.A.           MEMBER

SRI.K.N.SHIVAKUMAR. M.Com., L.L.M.                   MEMBER

SRI.T.N. SREENIVASAIAH, PRESIDENT

   : ORDER :

          The complainant has filed this complaint against the OPs Under Section-12 of Consumer Protection Act-1986 for issue direction to the OPs to pay the total amount of Rs.84,100/- with interest at the rate of 18% p.a. deposited pigmy amount through his A/c No.C-2201 from the last date of payment                             i.e., 8-1-2015 & A/c No.C-2252 dated: 4-2-2015 to till realization and Rs.3,000/- towards mental agony and Rs.1,000/- towards expenses.

2. Brief averments of the complaint are:-

    The case of the complainant in brief is that, the complainant has deposited towards pigmy amount a sum of Rs.82,700/- & Rs.1,400/- in his pigmy A/c No.C-2201 & C-2252 to the OPs Society through OP-3 K.S.Krishnakumar Pigmy Agent.

     The complainant has approached OPs for repayment of deposited total pigmy amount Rs.84,100/-.  On 20-6-2015, the OP-2 has sent a letter to the OP-3 for confirming the pigmy balance amount of depositor.   The OP-3 has collected the pigmy amount from the complainant and deposited the same to the OP-2 Society.  But the OPs have not been refund the amount deposited by the complainant.  The complainant personally approach the OPs and requesting them to refund the amount, but the OPs have been assuring to refund the amount.  The complainant has written a letter to the OPs on 30-11-2015 requesting for refund of the pigmy amount paid by him.  On                  14-12-2015 the complainant also written a letter to the Joint Register of Co-Operative Societies, Bengaluru for issue direction to the OPs to refund the pigmy amount.

     The complainant has also lodged a complaint before the Extension Police Davangere on 4-2-2016 for requesting him to direct the OPs to pay the amount collected by the OPs from the complainant. 

     The complainant has got issued a legal notice to OPs 2 & 3 on 6-9-2016 through RPAD.  The legal notice sent to the OP-3 through RPAD is return to the complainant with the shara party absent for a 7 days hence return to sender on 15-9-2016.  The OP-3 intentionally avoided to take legal notice.  The notice of         OP-2 has been served and the OP-2 has replied through his counsel on 24-9-2016 stating that joint register of Co-Operative Societies has appointed one Sri Chandrashekhar Bajantri, Senior Inspector as Administrative Officer and he has taken the charge on 8-7-2016 the new body is elected.  The New body has told to the complainant we have repay the deposited amount after collecting amount from the loanees.   Till today the OPs have not settled the claim of Rs.84,100/- the several request made by the complainant.  Hence, the OPs have committed deficiency of service and unfair trade practice.  Hence, the complainant prays for allow the complaint.

     The cause of action for the complaint arose on 20-6-2015, when the OP-2 has sent a reply notice to the complainant and written a letter to the OP-3 and confirmed the balance pigmy amounts due to be paid to the complainant alongwith list and from the date of legal notice issue to the OPs-2 & 3 within the jurisdiction of this Forum.

     3. The Notice has been sent by this Forum to the OPs through RPAD the same was served to the OPs and they have called out absent then placed exparte. 

      4. The complainant has been examined as PW-1 and relying upon exhibits i.e., Ex-A1 to Ex-A7.  Written argument of complainant side filed. Argument of complainant side heard.

          5. The points that arise for consideration are as follows;

1. Whether the OPs have committed a deficiency of service and unfair trade practice for non-returning of the pigmy amount to the complainant?

        2. To what order or reliefs the parties are entitled?

        6. Answers to the above Consumer Disputes are as under:

1. Affirmative
2. As per final order  - for the following;

:: R E A S O N S ::

7. Point No.1: The undisputed facts reveal that, the complainant has deposited a sum of Rs.84,100/- to the OP-2 Society through pigmy collector by name Sri.K..S.Krishnakumar.

     8. The complainant argued that, he has approached OPs for repayment of deposited amount of Rs.84,100/- alongwith interest from the lost deposit dated:11-11-2014 till today collected by the Sri. K.S.Krishnakumar Pigmy Agent.   But the OPs have not been refund the amount deposited by the complainant.  The complainant personally approach the OPs and requesting them to refund the deposited amount, but the OPs have been assuring to refund the amount to the complainant. The complainant has written a letter to the OPs on 30-11-2015 requesting for refund of the pigmy amount paid by him.  On                   14-12-2015 the complainant written a letter to the joint register of Co-Operative Societies for requesting to issue direction to the OPs 1 & 2 for refund the pigmy amount.

     9. The complainant further argued that, the complainant got issued a legal notice to OPs on 6-9-2016 through RPAD, the same has been served.  The OP-2 has replied through his counsel on 24-9-2016 stating that joint register of Co-Operative Societies as appointed one Sri Chandrashekhar Bajantri, Senior Inspector as Administrative Officer and he has taken the charge on 8-7-2016 the new body is elected.  Till today the OPs have not settle the amount.

 10.  The complainant have relied upon Ex.A1 to Ex-A7.  The letter dated:20-6-2015 sent by the OP-2 to the OP-3 for calling upon to give the list of the pigmy holders the same has been marked as Ex.A1 and OP-3 have submitted list of the pigmy holders as per the list the complainant is also having account with the OP-2 Society.   The letter dated:13-11-2015 written by the pigmy holders including complainant to the OPs for requesting them to settle the pigmy amount the same as marked as Ex.A2.

     11. The complaint letter dated:14-12-2015 written by the complainant to the joint Register of Co-Operative Societies, Bengaluru stating that, the OPs have not settled the pigmy amount deposited by the complainant and others the same as marked as Ex.A3.  The complaint lodged before the concerned Police by the complainant against the OPs for non-settling the pigmy amount deposited by the complainant the same as marked as Ex.A4. Office copy of the legal notice dated:6-9-2016 issued by the complainant through his advocate to the OPs for requesting them to settle the deposited pigmy amount the same as marked as Ex.A5.  ExA6 is the returning RPAD cover sent by the complainant to the OP-3 Sri. K.S.Krishnakumar, Pigmy Agent.   Copy of the reply notice dated:24-9-2016 sent by the OP-2 through his counsel and stated that the joint Register have appointed one Inspector for Inspection and further under take to pay the deposited amount to the pigmy holders the same as marked as Ex.A7.

     12. We have gone through the pleadings, affidavit, written arguments and exhibits of the complainant.  The OP-2 have send a reply notice to the complainant and stated that we have ready to settle the pigmy amount deposited by you and others by collecting loans from the parties.   The notices has been served to the OPs but they have intentionally avoided to take notice it shows that the OPs are not ready to settle the claim of the complainant.  Normally, the pigmy amount deposited by the very poor peoples. It clearly shows that the OPs have committed a deficiency of service  and unfair trade practice.  Hence, the point No.1 as held affirmative. 

          13. Point No.2: The findings on the point No.1 shows the attitude of the opposite parties to neglect the grievances of the affected consumers.  Hence, opposite parties becomes liable to pay the compensation and the costs for dragging the complainant unnecessarily to the Consumer Forum. The complainant is entitled to get the pigmy amount of Rs.84,100/-  with 12% interest p.a. from 11-11-2014 till realization along with the compensation and litigation expenses.  The compensation of Rs.3,000/- is to be estimated for the sufferings of the complainant. The litigation expenses can be estimated at Rs.1,000/-. Hence, the complainant deserves to get the following;

: O R D E R :

The complaint filed by the complainant is hereby allowed U/s 12 of the C.P.Act 1986.

The OPs are hereby directed to pay the pigmy amount of Rs.82,700/- regarding pigmy A/C No.C-2201 from 8-1-2015 & Rs.1,400/- regarding pigmy A/c No.C-2252 from 4-2-2015 total Rs.84,100/- with interest at 12% p.a. till realization.

The OPs are also directed to pay the compensation amount of Rs.3,000/- & Rs.1,000/- for litigation charges to the complainant.

Further, the OPs are hereby directed to comply the above said order within 30 days from the date of this order.

      (Order dictated, corrected and then pronounced in the Open Forum on 29^th May 2017)

Documents marked on behalf of complainant:

Documents marked on behalf of OPs.

                   Witnesses examined for the Complainant.