Complaint filed on: 17-06-2022
Disposed on: 29-11-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 29th DAY OF NOVEMBER, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER
Consumer Complaint No.102/2022
Sri. Suresh .K S/o Late Kaverappa
Aged about 63 years,
R/o Door No.187, 3rd Cross,
C.M.Extension, Kyatasandra,
Tumakuru.
(By Sri.N.H.Gangadara Nayak, Advocate)
V/s
1. Sri. B.N.Puttanarasareddy, Advocate,
Ex-president, Present Director of
Sir.Vinayaka Souharda Pattina Sahakari
Niyamitha, Lakshmiram Building,
Behind Dwaraka Hotel, M.G.Road, Tumakuru.
2. Sri. K.L.Ramamohan Ex-president,
Ex.Vice-President, Present Director,
Sri.Vinayaka Souharda Pattina Sahakari Niayamitha,
Lakshmiram Building Behind Dwaraka Hotel,
M.G.Road, Tumkur.
3. Smt. K.A. SoumyaW/o Raghavendra, Ex-Secretary
Sri.Vinayaka Souharda Pattina Sahakari Niayamitha,
M.G.Road, Tumkur.
R/at Near Secret Heart College, Upparahalli, Main Road,
Upparahalli, Tumakuru-2.
(OP Nos. 1 & 2 – Noticed deemed to be served)
(OP No.3 – Served absent)
O R D E R:
SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint was filed by the complainant against the Opposite Parties under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to pay an amount Rs.1,00,000/- each kept under F.D. receipt Nos.330 & 331 and Rs.2,00,000/- kept under F.D.No.413, totally Rs.4,00,000/- with accrued interest and also prays to direct the OPs to pay compensation of Rs.2,00,000/- to the complainant towards mental agony and harassment.
2. It is the case of complainant that he had deposited Rs.1,00,000/- each on 04.10.2016 under F.D. vide receipt Nos. 330 & 331 and further the complainant also deposited Rs.2,00,000/- under F.D. vide receipt No.413, totally he has deposited Rs.4,00,000/- with the OPs under F.Ds. It is further submitted that due to his urgent financial needs, the complainant approached the OPs and given requisition to OP No.1 on 31.12.2020 to return the F.D. amount with interest, for that the OP No.1 who was President at that time and it is the legal duty of the OP No.1 to pay the F.D. amount along with interest, but the OP No.1 had postponed the same by saying one or the other reasons and the OPs have not made any efforts to return the F.D. Amount. Hence, the complainant got issued legal notice on 06.04.2022, but the OPs have intentionally not received the said legal notice and till date the OPs have not paid the said amount. Hence, the complaint.
3. Notice issued to OP Nos. 1 & 2 returned with postal shara as “unclaimed”. Hence, notice to OPs 1 & 2 considered as deemed to be served. In spite of receipt of notice from this Commission, the OP No.3 remained absent.
4. The complainant has filed his affidavit evidence and marked the documents as Ex.P1 to P6.
5. On hearing the arguments of learned counsel for complainant and perusal of the documents, the points that would arise for determination are as under;
- Whether the complainant proves the deficiency of service on the part of OPs?
- Is complainant entitled to the relief sought for?
- Our findings aforesaid points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order
:REASONS:
Point Nos.(1) and (2):
7. The learned counsel for the complainant submitted that, the OPs have failed to return the FD amount with interest. The complainant in the affidavit evidence reiterated the averments of the complaint.
8. To prove the case, the complainant has produced Ex.P1 to P6. Ex.P1 to P3 are the copy of F.D. receipts. Ex.P4 is the Account pay receipt. Ex.P5 is the Voucher and Ex.P6 is the Saving Account Passbook bearing No.816.
9. On perusal of the Ex.P1 to P3/F.D. receipts, it is seen that the complainant has deposited totally Rs.4,00,000/- with the OPs under Fixed Deposit. In that, two deposits are Rs.1,00,000/- each were matured on 04.012020 and another deposit of Rs.2,00,000/- maturity date is 09.04.2023.
10. The counsel for complainant submits at the time of arguments that for his financial needs, the complainant requested the OPs several times to pay FD amount with interest, but the OPs did not pay the F.D. amount with interest. Hence, the complainant without any alternative filed this complaint.
11. It is seen that the OPs have remained absent in spite of receipt of notice from this Commission. The OP has not produced any documents to disprove the allegation made by the complainant against them by appearing before this Commission even an opportunity was provided to them. This goes to show that there is a deficiency of service on the part of OP. Moreover, it is the bounden duty of the OPs to return the F.D. Amount. But the OPs did not do so. Due to attitude of the OPs, the complainant suffered mental agony as well as financial loss.
12. Due to the deficiency in service and unfair trade practice of the OPs, the complainant compelled to approach this Commission. Therefore, the complainant is entitled to claim interest for deposit of Rs.1,00,000/- each kept under F.D. receipt No.330 & 331 @ 12% PA from the date of deposit i.e. 04.10.2016 to the date of maturity i.e. 04.01.2020 and 8% interest PA from the date maturity to till realization. Further, the complainant is entitled to the interest for deposit of Rs.2,00,000/- kept under F.D. receipt No.413 @ 8% PA from the date of deposit i.e. 09.10.2019 to till realization as the complainant claimed the said amount before maturity date. Further, the complainant is also entitled for compensation of Rs.15,000-00 towards mental agony suffered by the complainant and Rs.10,000-00 towards litigation of the cost. In the result, we proceed to pass the following;
:O R D E R:
The complaint filed by complainant is allowed in part.
The OPs are jointly and severally directed to pay Rs.1,00,000/- each kept under F.D. No.330 & 331 with interest @ 12% PA from the date of deposit i.e. 04.10.2016 to the date of maturity i.e. 04.01.2020 and 8% interest PA from the date maturity to till realization. Further, the OPs are jointly and severally directed to pay Rs.2,00,000/- kept under F.D. receipt No.413 with interest @ 8% PA from the date of deposit i.e. 09/10/2019 to till realization.
The OPs are further jointly and severally directed to pay Rs.15,000/- (Rs.Fifteen Thousand only) towards compensation and Rs.10,000/- (Rs.Ten Thousand only) towards litigation costs to the complainant
It is ordered that the above order shall be complied by the OPs within 45 days from the date of receipt/knowledge of the order.
Supply free copy of this order to both parties
