Complaints filed on: 03-05-2021

                                                      Disposed on: 14-01-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.45/2021

DATED THIS THE 14^th DAY OF JANUARY, 2022

PRESENT

SRI.KUMARA.N, B.Sc., LLB., PRESIDENT (I/c)

SMT.NIVEDITA RAVISH, B.A., LLB., LADY MEMBER

Complainant: -

B.C.Shivananjappa

S/o late Chikkanna,

Aged about 50 years,

R/at “Skanda Krupa,

11^th Cross, Near Ladies hostel, Ashoka nagar, Tumkur

(By Sri.C.N.Hanumantharaju, Advocate)

V/s

Opposite parties:-    

1. The President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

2. The Secretary,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

3. B.N.Puttanarasareddy, Advocate, Ex-President

Present Director,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

Residing at “Siri Nilaya”,

SSMC-Post, Bellavi-Hobli,

 (OP Nos.1 to 3- Exparte)

ORDER

SMT.NIVEDITA RAVISH, LADY MEMBER

This complaint is filed under Section 35 of Consumer Protection Act, 2019 to direct the Opposite Parties to pay Rs.68,000-00, Rs.20,000-00 and Rs.60,000-00 with accrued interest from 9-8-2017, 3-10-2018 and 19-1-2018 respectively till payment of FD amount and further direct to pay compensation of Rs.50,000-00 for deficiency of service and cost of complaint.

2. It is the case of complainant that he had deposited Rs.68,000-00 on 9-8-2017 vide FD receipt No.347, Rs.20,000-00 on 3-10-2018 vide FD receipt No.388 and Rs.60,000-00 on 19-1-2018 vide FD receipt no.369 in the OP society and it matured on 9-9-2020, 3-10-2020 and 19-1-2021 respectively. After maturity of the FD receipts, the complainant has approached the OP society for release of FD amount with accrued interest, but the OPs had given evasive reply by none releasing the FD amount with accrued interest to the complainant. Thereafter, on 19-4-2021 the complainant has given requisition to OPs to return the FD amount with interest. But the OP society has failed to release the said. The act of OP society non-release of FD amount, amounts to deficiency of service and negligence on the part of OPs. Hence, this complaint.

3. After registering the complaint notice was issued to the OP Nos.1 to 3, but OP No.1 and 2 have refused to receive the notice and after service of notice, OP No.3 did not appear hence, placed exparte.

4. The complainant has filed his affidavit and produced four documents (Xerox copies of three FD bonds and one copy of requisition letter) marked as Exs.P1 to P4. Further the complainant has produced three original FD receipts at the stage of arguments.

5. We have heard the oral arguments of learned counsel for complainant and points that would arise for determination as here under.

1. Whether the complainant proves the deficiency on the part of OPs for not releasing the FD amount with accrued interest after the maturity date?
2. Is complainant entitled for the reliefs sought for?

6. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative  

Point No.2: Partly affirmative, as per final order

for the below

REASONS

7. Point No.1 and 2: The learned counsel for the complainant submitted that the OPs have failed to return the FD amount along with accrued interest. Further the complainant in his affidavit has reiterated the averments of complaint.

8. The complainant has produced documents which are marked as Exs.P1 to P3/copy of fixed deposit receipts No.369, 347 and 388 which have signed by the Secretary, Vice-President and President of the OP Society. This proves that the complainant has deposited Rs.60,000-00, 68,000-00 and Rs.20,000-00 on 19-1-2018, 9-8-2017 and 3-10-2018 and maturity date was on 19-1-2021, 9-9-2020 and 3-10-2020 respectively. Further the complainant has produced Ex.P4 which is requisition letter dated 19-4-2021 given to the OP society to return the FD amount. The OPs though served neither respond nor returned FD amount with accrued interest to the complainant. The OPs have agreed to give interest @ 12% p.a. on FD receipt nos.347, 369 and 11% p.a. on FD receipt No.388 on the FD amount. At present bank rate of interest has come down as such the complainant is entitled to interest @ 8% p.a. on the amount payable by OPs. The OPs have committed deficiency of service in not returning the amount deposited by the complainant. The OPs have compelled the complainant to approach this Commission thereby he suffered mental agony and for that the OPs shall pay compensation of Rs.10,000=-00 and litigation cost of Rs.10,000-000. Accordingly, we proceed to pass the following.

ORDER

The complaint is partly allowed with costs.

The OP Nos.1 to 3 are jointly and severally directed to pay Rs.60,000-00, Rs.68,000-00 and Rs.20,000 to the complainant with interest @ 8% p.a. from the date of deposits i.e. on 19-1-2018, 9-8-2017 and 3-10-2018 respectively till the date of payment.

It is further ordered that the OP Nos.1 to 3 are  jointly and severally shall liable to pay litigation cost of Rs.10,000=00 and compensation of Rs.10,000=00 to the complainant within 45 days from the date of this order. Failing which, it carries interest at the rate of 8% per annum from the date of filing complaint till the date of realization.

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 14^th day of January, 2022).

LADY MEMBER                                         PRESIDENT (I/c)