Date of Filing : 12.07.2011
Date of Order : 09.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 09th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO B.Sc., B.L. …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 1279/2011
Smt.Puttalakshmamma,
W/o.Hanumanthaiah,
Aged about 72 years,
R/at No.159, Dattatreya Extension,
3rd Cross, K.G.Nagar,
Bangalore 560 019
(By Advocate Sri.S.N.Madhu) ……. Complainant
V/s.
Bangalore South credit
Co-operative Society Limited,
No.492/K, 7th Cross Road,
K.R.Road, Jayanagar,
7th Block(West), Bangalore 560 070.
Rep. by its President.
(By Advocate Sri.R.Nagaraja Reddy) …Opposite Party
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that yet to be filing of the complaint under section 12 of the Consumer Protection Act seeking direction to the OP to pay a sum of Rs.3,20,000/- to the complainant, are necessary.
2. The complainant has deposited Rs.50,000/- on 28.05.2000, Rs.60,000/- on 07.01.2007, Rs.55,000/- on 08.10.200., Rs.80,000/- on 12.06.2002 and Rs.75,000/- on 04.07.2004, that is Rs.3,20,000/- in all with the OP under fixed deposits. After the maturity the OP did not pay the amount but issued certain post dated cheques taking back the fixed deposit receipts. Even for the Fixed Deposit on 04.07.2004, the OP promised to issue the cheque later but that is not issued. The cheques issued were also not honoured. Hence the complainant issued notice to OP on 17.10.2011. The OP though received the notice did not honour the notice.
3. Hence the complainant served the notice to the OP who engaged the service of an advocate, who filed the Vakalath on 25.08.2011 but till today the OP has not filed the version nor appear before the Forum, nor made any representation or his counsel was present. Hence the complainant has submitted that the complaint and documents be read as his evidence. Hence the complainant is heard.
4. The point that arise for our consideration are:
A) Whether there is any deficiency in service ?
B) What order ?
5. Our answer is :
A) Positive
B) As per detail order for the following reasons.
REASONS
6. Reading the pleadings in conjunction with the documents on record, it is established that the complainant had deposited Rs.50,000/- on 28.05.2000 with the OP in FDR No.415 for 49 months which has to be paid back with interest at 17% per annum; she has deposited another sum of Rs.60,000/- in FDR No.1405 dated 07.01.2007 for 37 months which has to be repaid with interest at 10.5% per annum; further she has deposited another sum of Rs.55,000/- on 08.10.2003 under FDR No.1204 which is for 37 months with interest at 12% per annum; she has deposited another Rs.80,000/- in FDR No.1019 dated 12.06.2002 for interest at 12% per annum for 37 months, and she has further deposited another sum of Rs.75,000/- on 04.07.2004 under FDR No.1294 for 25 months to pay the same with interest at 10% per annum. After the maturity the OP had issued cheque for Rs.50,000/- dated 30.11.2010 in cheque No.142071, a cheque for Rs.60,000/- in Cheque No.142072 dated 30.12.2010 for payment and these cheques were dishonoured. The amount has not been paid to the complainant. The complainant has issued notice to the OP on 17.05.2011 which has been received by the OP on 20.05.2011. Even then the OP has not returned the money.
7. Taking the money of the complainant and keeping it in FD and not returning the same on maturity is nothing but an unfair trade practice committed by the OP. Hence the OP is bound to return the same with interest. Hence under these circumstances we hold the above points accordingly and pass the following
ORDER
1. Complaint is allowed in part.
2. OP is directed to pay the sum of Rs.3,20,000/- with interest at 12% per annum on Rs.50,000/- from 28.05.2000; on Rs.60,000/- from 07.01.2007; on Rs.55,000/- from 08.10.2003; on Rs.80,000/- from 12.06.2002 and on Rs.75,000/- from 04.07.2004 until payment within 30 days from the date of this order.
3. OP is also directed to pay to the complainant a sum of Rs.2,000/- as cost of this litigation.
4. OP is directed to send the amount as ordered at 2 and 3 above to the complainant by DD through RPAD and submit to this Forum a compliance report with necessary documents within 45 days from the date of this Order.
5. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
6. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 09th day of November 2011.
MEMBER PRESIDENT
