Complaint filed on: 19-09-2016 Disposed on: 17-12-2016
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.118/2016
DATED THIS THE 17th DAY OF DECEMBER 2016
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
Smt.Latheshwari,
W/o. Chandrashekar,
Aged about 40 years, R/at Ugraiah Building,
Near Auto Stand, Upparahalli,
Tumakuru Town
(By Advocate Sri.S.Rajanna)
V/s
Opposite parties:-
Indian Physically Handicapped Sowharda Credit Co-operative Ltd,
Reptd.by it’s Secretary/CEO, Formerly situated at Lakshmiram Building, Behind Hotel Dwaraka, MG Road, Tumkur town
Now situated at Veera Soudha,
District Freedom Fighter Sangha,
Balanakatte, Tumkur town
(Exparte)
ORDER
SMT.GIRIJA, LADY MEMBER
This complaint has filed by this complainant against the opposite party, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP to pay Fixed Deposit amount of Rs.38,000=00 including interest @ 12% per annum from the date of deposit, and to pay Rs.10,000=00 towards inconvenience and mental agony and to pay litigation cost of Rs.5,000=00.
2. The brief facts of the complaint is as under.
The OP is a Credit Co-operative Ltd, registered under Karnataka State Souhardha Act, having its registered office at Tumkur town carrying on the business of banking activities who is a service provider.
The complainant further submitted that, the OP has been accepting Fixed deposits by the public and the OP has induced the complainant to invest Rs.25,000=00 under fixed deposit on 5-6-2012 for a period of four years. The OP has agreed to pay an interest @ 12% p.a. The said deposit amount was matured on 5-6-2016.
The complainant further submitted that, after maturity of the deposit amount, the complainant had approached the OP and requested for repayment of the said fixed deposit amount. But the OP has been postponing the same by saying one or the other reasons. Thereafter, the complainant got issued a legal notice to OP dated 8-8-2016 demanding the OP to repay the said fixed deposit amount. The said notice was duly served on the OP, but the OP has not responded to the said notice nor repaid the deposited amount, which amounts to deficiency of sercvie on the part of the OP. Hence, the complainant has come up with the present complaint.
3. After service of notice, the OP did not appear before the forum and he was called out absent and he has been placed exparte and posted the case for filing affidavit of complainant.
4. So as to prove the case, the complainant has filed his affidavit by way of evidence and produced documents along with complaint, which were marked as Ex-C1 to C4. We have heard the arguments of complainant and we have gone through the oral and documentary evidence of complainant meticulously and posted the case for order.
5. Based on the above materials, the following points will arise for our consideration.
1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
2. What Order?
6. Our answer to the above points are as under:-
Point No.1: In the Affirmative
Point No.2: As per final order below
REASONS
7. The complainant has firmly stated in her affidavit evidence that, the OP has been accepting Fixed deposits by the public and the OP has induced the complainant to invest Rs.25,000=00 under fixed deposit on 5-6-2012 for a period of four years. The OP has agreed to pay an interest @ 12% p.a. The said deposit amount was matured on 5-6-2016. After maturity of the deposit amount, the complainant had approached the OP and requested for repayment of the said fixed deposit amount. But the OP did not repay the said fixed deposit amount to the complainant, which amounts to deficiency of sercvie on the part of the OP. Hence, the present complaint is filed.
8. The above said assertions of the complainant have remained unchallenged. The OP has neither filed version nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the sworn testimony of the complainant.
9. Let us have a cursory glance at the documents of complainant. Ex-C1 is the original Fixed Deposit receipt dated 5-6-2012 issued in the name of complainant for a sum of Rs.25,000=00 and terms of fixed deposit is mentioned as four years and rate of interest is mentioned as 12% p.a. and nominee name is mentioned as Chandrasekhar. Ex.C2 is the legal notice of complainant dated 8-8-2016 issued to the OP. Ex-C3 and C4 are the postal receipt and postal acknowledgement card.
10. The said oral and documentary evidence of complainant that, after maturity of the Fixed Deposit, the OP did not pay the fixed deposit amount and also the OP has not responded to the legal notice of complainant. The OP has neither given reply nor refunded her Fixed Deposit amount stands corroborated by documents of complainant as mentioned above.
9. On making careful scrutiny of the case of complainant on the back ground of oral and documentary evidence of complainant placed before the forum, it is made crystal clear that, the complainant has proved with believable material evidence that, the OP has not given fixed deposit amount to her, after maturity of the fixed deposit amount. The complainant has issued legal notice to the OP to repay the fixed deposit amount, inspite of it, no response from the OP. The act of OP in not repaying the fixed deposit amount to the complainant as agreed, after collecting the Fixed Deposit amount from complainant it amounts to deficiency in service on the part of the OP. So from the oral and documentary evidence of complainant, we are of the view that, the complainant who comes to the forum seeking relief has established with clear and tangible material evidence that the OP is negligent and there is deficiency in service on the part of the OP in not repaying the Fixed Deposit amount to the complainant. So the complainant is entitled to claim fixed deposit amount of Rs.25,000=00 from the OP along with 12% interest per annum as agreed by the OP.
10. From the material evidence on record placed by complainant, it is disclosed that, the fixed deposit amount of complainant was lying with the OP from June 2012. After maturity of the fixed deposit, the OP has not returned the fixed deposit amount to the complainant and on account of said act of OP, the complainant has been put to both physical and financial harassment by OP for no fault of complainant. So the complainant is awarded a nominal compensation of Rs.5,000=00 from OP and not compensation as prayed in the complaint. So the OP is directed to repay the fixed deposit amount of Rs.25,000=00 to the complainant along with 12% interest per annum on the said amount from the date of deposit to till the date of realization. The OP is further directed to pay Rs.5,000=00 and Rs.3,000=00 to the complainant towards compensation and cost of litigation respectively. This order is to be complied by the OP within 30 days from the date of receipt of this order and accordingly, the complaint of complainant is partly sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:
ORDER
The complaint is partly allowed.
The OP is directed to repay the fixed deposit amount of Rs.25,000=00 to the complainant along with 12% interest per annum on the said amount from the date of deposit to till the date of realization.
The OP is further directed to pay Rs.5,000=00 towards compensation and Rs.3,000=00 towards cost of litigation respectively.
This order is to be complied by the OP within 30 days from the date of receipt of this order.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 17th day of December 2016).
LADYMEMBER MEMBER PRESIDENT
