Date of Filing :09.08.2021
Date of Disposal :23.08.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 23rd Day of August 2024
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
(DIST. & SESSIONS JUDGE (R)
Mrs DIVYASHREE M: LADY MEMBER
APPEAL No.573/2021
1. The Chief Executive Officer
Ravindra Vividhoddesha Sahakara
Sangha Niyamitha
‘Laxmi Prasad’
Kukkundoor-576 117
Udupi District
2. The Branch Manager
Ravindra Vividhoddesha Sahakara
Sangha Niyamitha
‘Laxmi Prasad’
Kukkundoor-576 117
Udupi District
(By Mr Chandranath Ariga, Advocate) Appellants
-Versus-
Sri K Ravindra Nayak
S/o Anantha Nayak
Aged about 54 years
‘Rajatha’ Hadimane
Post: Kadthala Village-574 108
Karkala Taluk
Udupi- District Respondent
(By Mr K Ravindra Nayak Advocate)
-:ORDER:-
Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:
1. This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by OPs 1 and 2 aggrieved by the Order dated 20.04.2021 passed in Consumer Complaint No.43/2020 on the file of District Consumer Disputes Redressal Forum, Udupi (for short, the District Forum).
2. The Parties to this Appeal will be referred to as the rank assigned to them by the District Forum.
3. The Commission examined the impugned order, grounds of Appeal and Appeal papers. Now the point that arises for consideration of this Commission would be:
Whether impugned order dated 20.04.2021 passed in CC No. 43/2020 does call for any interference of this Commission for the grounds set out in the Appeal Memorandum?
4. The parties to the Complaint did not dispute that Mr. K Ravindra Nayak had deposited Rs.15,35,000/- from time to time under 4 Fixed Deposits for Rs.3 lakhs each and 3 Recurring Deposit at Rs.1,90,000/-, Rs.85,000/- and Rs.60,000/- respectively. In the matter of these FDRs and RD accounts has raised a Consumer Complaint on 18.09.2020, seeking refund of Rs.15,35,000/- from OPs 1 & 2 and sought some amount of compensation. The complaint was contested by OPs 1 and 2, contending that Complainant was the Ex-President of OPs Society and he has been disqualified for the irregularities committed by him in the OP Society as President of the Society Complainant had illegally appointed as Peon as in-charge Manager of the Society, has also reduced the pay and salary of the employees by 50% and had illegally spent Rs.43,78,453/- towards construction of the building as against Rs.27 lakhs. He has not obtained permission to spend huge amount and in a way he had committed gross irregularity and had also given A-class membership to one Kumari Rajatha who is just five years, a minor girl, who is none other his daughter. In view of such rival contentions, the Commission held enquiry, by receiving Affidavit evidence of Mr. K.Ravindra Nayak along with Ex-C1 to C12 arrived at a conclusion, complainant is entitled for refund of Fixed deposit amount and entitled for refund of monthly Recurring Deposits.
5. Let us examine the enquiry papers, wherein could see copy of the requisition letter dated 25.06.2020, Assets and liabilities status of the Complainant and his request made to OP Society seeking refund of Fixed Deposits and Recurring Deposits amount. In order to substantiate such deposits made with Society had placed Fixed Deposit Receipts No.1065, 1964, 2262 and 2933 respectively they are all original Fixed Deposits marked as Ex-C4 to C8, while Ex-C10 to C12 are original Recurring Deposit book vide account No.628, 656 and 625 respectively. On the contrary, nothing is placed on record by OP Society, since they have failed to place even Affidavit Evidence of Chief Executive Officer or the Manager as the case may be reiterating their contentions made in the version and they have also failed to place any document to substantiate their statement made in the version that complainant had misappropriated the funds of the Society.
6. Learned counsel for Complainant would submit that along with Appeal Memo few documents have been produced by OP Society wherein nothing could be found as to either as to the mismanagement of the Complainant or misappropriation of the fund of the Society by the Complainant. In Annexure-1 document which is an order of Assistant Registrar of Co-Operative Society dated 10.06.2020 wherein in the case between Mr Santhosh Rao along with 10 employees of the Society Vs Chief Executive Officer and President of OP Society in exercise of powers vested under Section 29 (c) (1) (b), 29(c) (8) (b) (c) and Section 29 (c) (8) disqualified Mr. Ravindra Nayak Director/President of Ravindra Vividhoddesha Sahakara Sangha Niyamitha Kukkanduru, Karkala and in yet another document placed as Annexure-II, wherein Hon’ble Minister for Co-operation had confirmed the order of Assistant Registrar of Co-operative Society, Kundapur dated 22.06.2020. It is not that the amount under FD and RD are deposited by the complainant towards Security Deposit either to hold the post of President or Director of the OP Society as the case may be. In other words, he has deposited Fixed Deposits to earn interest from the Society and had also opened 3 monthly Recurring Deposits. It is therefore complainant has to be held entitled to seek refund of deposits of Rs.1,95,000/-, Rs.85,000/- and Rs.65,000/- respectively, which he is entitled to seek refund, since Fixed Deposits and Recurring Deposits are nothing to do with the affairs of the Society.
7. In view of the above discussions, we proceed to dismiss the Appeal with no order as to costs.
8. The amount in deposit is directed to be transferred to District Commission for the needful.
9. Send copy of this Order to the District Commission and the parties concerned for their information.
Lady Member Judicial Member
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