IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> CC 223/07 DATED 07-11-2007<br /> <br /> ORDER<br /> <br /> Complainant B.R.Shankar,S/o B.N.Ramaswamy, R/at No.1494, Hongally Vani Vilas Water Works Quarters, Krishnaraja Sagara (K.R.S.) Mandya District. <br /> (By Sri.P.V.Sharath Kumar., Advocate)<br /> Vs. <br /> Opposite Parties 1 Board of Management,Arpana Credit Co-operative Society Ltd., Rep. by its 1. President and 2. Secretary,Both are R/at No.22, K.H.B. 1st Stage, Nrupathunga Road, Kuvempunagara, Mysore – 570 023.<br /> (By Sri.K.B.Gayathri Devi., Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 21.08.2007<br /> Date of appearance of O.P. : 05.10.2007<br /> Date of order : 07.11.2007<br /> Duration of Proceeding : 1 MONTH 2 DAYS<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> MEMBER<br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the Complainant who has approached this Forum under section 12 of the Consumer Protection Act, 1986 is that he had invested a sum of Rs.53,500/- with Opposite party Credit Co-operative Society Ltd., on 08.01.2007 in the S.B. Account and later on he withdrew certain amounts from that account leaving the balance of Rs.44,992/- as on 05.06.2007. Thereafter, he approached the Opposite party for withdrawal of the balance amount from his account, but unfortunately the cashier told him that there was no fund with the Opposite party. Despite issue of legal notice calling upon the Opposite party to arrange to pay his balance amount on 04.08.2007, the Opposite party has not arranged to pay his deposit amount and thereby caused deficiency of its service and thus has prayed for a direction to the Opposite party to pay his deposit amount of Rs.44,992/- with interest at 9% p.a. also to pay litigation cost and other consequential relief. <br /> 2. The Opposite party who is represented by a Special Officer on its supersession, has filed version without denying the claim of the Complainant about his deposit amount of Rs.44,992/- and that is due to the Complainant. The Opposite party in its version went on narrating that the Opposite party has in debt to its depositors in several lakhs of rupees and he has taken steps to recover the amounts due to the Opposite party and to arrange for payments and stated that the Opposite party is not in a position to pay interest and it had not agreed to pay interest at 9% p.a. and therefore has prayed for dismissal of the Complaint.<br /> 3. On the above contentions, following points for determination arise.<br /> 1. Whether the Complainant proves that the Opposite party has caused deficiency in not paying his deposit amount?<br /> 2. Whether the complainant is entitled for the relief sought for?<br /> 3. What order?<br /> 4. Our findings are as under:-<br /> Point no.1 : In the Affirmative.<br /> Point no.2 : In the affirmative.<br /> Point no.3 : See the final order.<br /> <br /> REASONS<br /> <br /> 5. Points no. 1 & 2:- The Complainant and the Special Officer representing the Opposite party have filed their affidavit evidence reiterating what has been contended by them in their respective Complaint and version. Heard the counsel for both the parties and perused the records. In the course of arguments, the counsel for the Opposite party without disputing the claim of the Complainant for his entitlement for Rs.44,992/- only submitted that the Opposite party do not have any money with them now that the special officer has initiated action for recovery of the amounts due to it, as and when he recovers, he arranges to pay the money and submitted for awarding interest only at 5% p.a. as it is not in a position to pay interest at 9% p.a. and further submitted that the Opposite party at no time had agreed to pay interest at 9% p.a. The learned counsel appearing for the Complainant conceded the fact that the Opposite party has not given anything in writing agreeing to pay interest at 9% p.a. and therefore submitted that he will leave it to the discretion of this Forum to award interest at the reasonable rate. With this submission, we have gone through the affidavit evidence of both the parties and the pass book issued by the Opposite party and produced by the Complainant before this Forum. As could be found from the entries in the pass book of the Complainant as on 05.06.2007 a sum of Rs.44,992/- was in deposit with the Opposite party has already stated by us and it is not disputed by the Opposite party. Further, as could be found from the records, the Complainant has not produced any documents to show that the Opposite party had agreed to pay interest at 9% p.a. on the amount deposited by him. Under these circumstances, we find that the Complainant who had deposited a sum of Rs.53,500/- with the Opposite party on 08.01.2007 withdrew a sum of Rs.5,000/- on 17.01.2007 leaving the balance of Rs.48,500/- and again on 05.06.2007 withdrew a sum of Rs.4,000/- leaving the balance of Rs.44,992/- for which amount the Opposite party has become liable. Therefore, we find that the Complainant has proved his case and the Opposite party has caused deficiency in its service in not repaying that amount to the Complainant when he sought for withdrawal. As such, the Complaint deserves to be allowed and considering that the Complainant deposited this amount in his S.B. account awarding interest at 5% p.a. in our view would be reasonable and therefore we answer points no.1 & 2 in the affirmative and pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The Opposite party is directed to pay Rs.44,992/- to the Complainant with interest at 5% p.a. from the date of this Complaint within 60 days from today till the date of payment, failing which it shall pay interest at 9% p.a. from the date of this Complaint till the date of payment.<br /> 3. The Opposite party shall also pay cost of Rs.500/- to the Complainant. <br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by him, transcript revised by us and then pronounced in the open Forum on this the day 7th November 2007)<br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br />