Andhra Pradesh

Visakhapatnam-II

CC/186/2011

Kondamuri Sudharsanam - Complainant(s)

Versus

B.H.P.V. Employees Co-Operative thrift and Credit Society Limited - Opp.Party(s)

V.D.V.N. Murthy

02 Jul 2015

ORDER

                                              Date of Registration of the Complaint:10-04-2014

                                                                                                Remand order 

                                                                                                Date of Order:02-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President   

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                                Thursday, the 2^nd day of July, 2015.

                                  CONSUMER CASE No.186/2011

Between:-

Smt. Kondamuri Sudharsanam, W/o K. Thammi Raju,

Hindu, aged 60 years, resident of D. No. MIG-269,

Sujatha Nagar,Visakhapatnam-530051.

….. Complainant

And:-

B.H.P.V. Employees Co-operative thrift and credit

Society Ltd., Regd. No. B-1487, represented by its

President, B.H.P.V. Post, Visakhapatnam-12.

                                                                                         …  Opposite Party

                           

          This case coming on 16.06.2015 for final hearing before us in the presence of Sri V.D.V.N. Murty and Sri K. Kumar , Advocates for the Complainant and  Sri B.V. Ramanjaneya Rao, Advocate for the  Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

 

                                                ORDER

          (As per Sri C. V. Rao, Honourable Male Member, on behalf of the Bench)

 

1.       The Complainant asks the Forum to pass an award in her favour  directing the Opposite Party: a) For an amount of Rs.1,35,000/- (Rupees One lakh thirty five thousand Seven hundred and sixty (sic) only) for the said matured deposits with interest 12% per annum, b) To pay compensation of Rs.50,000/- for causing mental agony and also an amount of Rs.20,000/- as damages for the financial loss caused by the Opposite Party for deficiency of services to the complaint; c) To pay cost of Rs.5,000/- and d) for such other relief or reliefs as the Forum deems fit and proper in the circumstances of the case.

 

2.       The Opposite Party strongly resisted the claim of the Complainant and asked the Forum to dismiss the Complaint with costs.

           

3.       The case of the Complainant, as can be seen from the Complaint, is that the Complainant deposited an amount of Rs.20,000/- on 24.02.2002 vide receipt bearing No.1393 and the maturity date is 24.07.2007 and the maturity value is Rs.40,000/-, another deposit of Rs.20,000/- on 24.02.2002 vide receipt No. 1394 and maturity date is 24.07.2007 and the maturity value is Rs.40,000/- and deposited another amount of Rs.50,000/- on 08.06.2002 vide receipt No.1396 for monthly interest @ 12% p.a. and the Opposite Party has to repay the amount on maturity date i.e., 08.06.2007.  After maturity of the said deposits, the Complainant approached the Opposite Party and submitted the original bonds on 08.8.2007 which were acknowledged by the Opposite Party but failed to repay the respective matured amounts.   After repeated requests and demands, the Opposite Parry paid the principal amount of Rs.20,000/- on 21.10.2008, an amount of Rs.5,000/- on 17.08.2009, an amount of Rs.10,000/- on 17.2.2010, an amount of Rs.5,000/- on 17.5.2010 and an amount of Rs.5,000/- on 01.10.2010 through cheques and thereafter failed to pay the balance amount.   As the balance amount was not paid, the Complainant got issued a legal notice on 03.3.2012 and thereafter was constrained to approach this Forum for a direction to the Opposite Party to pay an amount of Rs.1,35,000/- for the said matured deposits with interest at 12% p.a. together with compensation of Rs.50,000/-, Rs.20,000/- towards damages and costs of Rs.5,000/-.

 

4.       The Complainant filed an affidavit and also written arguments to support his claim.  Exs.A1 to A6 are marked for the Complainant.

 

5.       On the other hand, the Opposite Party resisted the claim of the Complainant by contending, as can be seen from its counter, particularly on the ground that the first deposit amount deposited on 24.2.2002 was only Rs.10,000/- but not Rs.20,000/- as stated.  It also generally resisted the claim of the Complainant by stating that the society incurred losses and in those circumstances only, the said amounts were not paid.   It further pleaded that the Complainant should have approached the register of Co-operative Society for his grievance.

 

6.       The Opposite Party filed an evidence affidavit and also written arguments to buttress its contention.   Exs.B1 to B21 are marked for the  Opposite Party.

 

7.       The matter has been heard on behalf of the Complainant as well as the Opposite Party.

 

8.       After careful perusal of the case record, this Forum finds that the only contention of the Opposite Party is that the amount deposited by the Complainant on 24.2.2002 as per receipt No.1393 was only Rs.10,000/- but not Rs.20,000/- as claimed by the Complainant.   To support his claim the Complainant filed Ex.A1 receipt, issued by the Opposite Party itself, in which it was stated that as per 1393 the Complainant deposited Rs.20,000/-.  To counter this, the Opposite Party filed Exs.B1 to B11 at the stage of the appeal before the Hon’ble State Commission and the Hon’ble State Commission asked as to go through the said Exs.B1 to B11 documents and determine whether the said No.1393 establishes the relevant amount as Rs.20,000/- or Rs.10,000/-.   Going through the said documents, Ex.B1 to B11, particularly Ex.B9 receipt No.1393, we find that the said document 1393 was for Rs.10,000/- only and the said deposit amount was paid on 24.10.2008, Ex.B10 says that full amount was paid.   As the Opposite Party tacitly admitted the rest of the deposit and the Opposite Party also confessed that it was unable to pay the fixed deposits amounts to the Complainant because of the Opposite Party’s inability, it is imperative that the Opposite Party should pay the fixed deposit amounts with interest to the Complainant herein as the inability on the part of the Opposite Party cannot be considered by this Forum.  Moreover, as the Opposite Party is dilly dallying without paying the fixed deposit amount to date, we find that there is outright deficiency of service on the part of the Opposite Party and it is liable to pay suitable compensation to the Complainant.  Moreover, as the Complainant is forced to file this complaint because of the deficiency of service on the part of the Opposite Party, the Opposite Party is liable to pay the costs of this complaint too.

 

9.       In the result, this Forum directs the Opposite Party: a) to pay the maturity amount of Rs.1,25,000/- (Rupees One lakh and twenty five thousand only) with interest @ 9% p.a. from 11.09.2007 till the date of actual realization, and to pay b) a compensation of Rs.15,000/- (Rupees fifteen thousand only) and c) Costs of Rs.5,000/- (Rupees Five thousand only) to the Complainant.   Time for compliance, one month.

 

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 2^nd day of July, 2015.

 

Sd/-                                  Sd/-                                          Sd/-

President                          Lady Member                           Male Member

 

                             APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	08.08.2007	Acknowledgement issued by the OP to the Complainant for Bond vide Receipt No.1394.	Original
Ex.A02	03.03.2011	Registered Lawyer’s Notice issued by the Complainant to the OP	Office copy
Ex.A03	07.03.2011	Postal Acknowledgement	Original
Ex.A04	09.04.2011	Correction Registered Legal Noticed sent by the Complainant to the OP	Office copy
Ex.A05	13.04.2011	Postal Acknowledgement	Original
Ex.A06	23.01.2011	Bank Statement	Original

For the Opposite Party:-                 

Ex.B01	08.06.2002	Borrowings Receipt Bond No.1396 for a sum of Rs.50,000/- issued by the OP in favour of the Complainant	Original
Ex.B02	24.10.2008	Principle repayments voucher for Rs.10,000/- issued by the OP in favour of the Complainant.	Original
Ex.B03	02.05.2009	Principle repayments voucher for Rs.5,000/- issued by the OP in favour of the Complainant	Original
Ex.B04	17.02.2010	Principle repayments Voucher for Rs.10,000/- issued by the OP in favour of the Complainant	Original
Ex.A05	17.05.2010	Principle repayment Voucher for Rs.5,000/- issued by the OP in favour of the Complainant	Original
Ex.A06	23.08.2010	Principle repayment Voucher for Rs.5,000/- issued by the OP in favour of the Complainant	Original
Ex.A07	18.03.2011	Principle repayment Voucher for Rs.5,000/- issued by the OP in favour of the Complainant	Original
Ex.A08	08.06.2007	Copy of the ledger maintained by the appellant society regarding payment of interest for the above said amount of Rs.50,000/-	Attested notary copy
Ex.B09	08.06.2002	Bond No. 1393 for a sum of Rs.10,000/-	Original
Ex.B10	21.10.2008	Principle repayment Voucher for Rs.10,000/- issued by the OP in favour of the Complainant	Original
Ex.B11	08.06.2002	Bond No.1394 for a sum of Rs.20,000/- along with the endorsement of receiving an amount of Rs.5,000/- by the OP on the back side of the document	Original
Ex.B12	08.06.2002	Principle repayment Voucher for Rs.10,000/- issued by the OP in favour of the Complainant	Attested copy
Ex.B13	24.02.1993	Bond No.2872 for a sum of Rs.10,000/-	Attested copy
Ex.B14	08.06.2002	Bond No.1393 for a sum of Rs.10,000/-	Attested copy
Ex.B15		Maturity Bonds Renewal List	Attested copy
Ex.B16		Cumulative Payment	Attested copy
Ex.B17		Audit Report 2002-2003	Attested copy
Ex.B18	02.24.1993	Letter issued by the Complainant to the OP	Attested copy
Ex.B19	24.02.1993	Receipt issued by the OP in favour of the Complainant	Attested copy
Ex.B20	08.06.2022	Other Borrowing Application Form sent by the Complainant to the OP	Attested copy
Ex.B21	08.06.2002	Principle repayment Voucher No. 1393 for Rs.10,000/- issued by the OP in favour of the Complainant	Attested copy

 

Sd/-                                   Sd/-                                                        Sd/-                     

President                            Lady Member                             Male Member