::BEFORE THE DISTRICT CONSUMER DISPUTES  REDRESSAL COMMISSION AT BIDAR::

                               C.C. No.22/2023.

                                                          Date of filing: 06.04.2023.

                                                                                        Date of disposal: 21.10.2023.

P R E S E N Ts:-    

                                    (1) Shri. Mabu Saheb H.Chabbi,                                                                                                                      B.Com.,LL.B.,(Spl.),

                                                                           President.,  

                                     (2) Kum. Kavita,

                                                               M.A.,LL.B.,(Spl.), 

                                                                         Member.

COMPLAINANT/S             Kamalabai W/o Kashinath @ Kashinath S.G.

                                          Age: 65 years, Occ: Household,

                                          R/o H.No.19-1-86, Shiv Nagar South Bidar.                                               

                                             (By Sri.Mallikarjun D.Jalkote and

                                              Sri. Rajkumar K., Advocate).

OPPONENT/S

1. Manager, SAHARA Credit Co-operative Society Ltd., Sector Office, near Sangam Theter, Bidar-585401.
2. SAHARA Credit Co-operative Society Ltd., Sahara India Bhavan 1, Kapoortala Complex, Aligunj LUCKNOW-226024.         

                                             (OP.No.1.& 2 Ex-parte.)

::   J U D G M E N T  ::

By  Kum.Kavita, Member.

This complaint is filed by the complainant U/sec.35 of C.P.Act., 2019, against the opposite parties for the deficiency of service caused by the Ops for not paying the matured FD amounts to the complainant. 

The Brief Facts of complaint.

2.         The briefs facts of the complaint is that, the complainant has purchased 17 FDRs from the Ops are Rs.15,13,000/- for different periods, the OP No.1 has issued 17 FDRs Certificates and the maturity amounts is Rs.16,53,470/-, and its particulars of FDRs are as below.  

3.         It is further submitted by the complainant that, after completion of the maturity period of the all the fixed deposits, the complainant had been continuously visited to the office of OP No.1 at Bidar for payment of maturity amounts of the fixed deposits and the complainant requested to the Ops by issuing letters on 07.04.2021, 11.07.2021,and 13.12.2021 to the OP No.1 in person and with register post to OP No.2 and the same was served upon OP No.2 on 21.12.2021.  After receipt of letter the authorised person of OP No.1 promised to clear the dues within a week but till today the Ops did not clear the dues of the complainant.  Lastly the complainant issued legal notice to the OPs for settling the FD claim amount but, the Ops have not responded to the notice and orally denied to settle the matter.  The complainant being the consumer to the Ops, filed the complaint before this commission for claiming amount with interest and compensation. 

4.         Subsequent to service of notice issued by this Commission, the Ops did not  appeared before this commission and were placed ex-parte.  Hence, there is an ex-parte order in this case. 

Evidence of the complainant.

5.         The complainant herself examined as P.W.1 and got marked 29 document  as per Ex.P.1 to Ex.P.29 and those are as below. 

1. Ex.P.1-FD receipt for Rs.1,05,000/- dt:30.06.2016.
2. Ex.P.2-FD receipt for Rs.1,06,000/- dt:30.06.2016.
3. Ex.P.3-FD receipt for Rs.1,06,000/- dt:30.06.2016.
4. Ex.P.4- FD receipt for Rs.1,21,000/- dt:15.02.2018.
5. Ex.P.5- FD receipt for Rs.1,21,000/- dt:15.02.2018.
6. Ex.P.6- FD receipt for Rs.16,000/- dt:16.02.2018.
7. Ex.P.7- FD receipt for Rs.16,000/- dt:16.02.2018.
8. Ex.P.8- FD receipt for Rs.1,00,000/- dt:31.05.2018.
9. Ex.P.9- FD receipt for Rs.1,00,000/- dt:31.05.2018.
10. Ex.P.10- FD receipt for Rs.1,00,000/- dt:31.05.2018.
11. Ex.P.11- FD receipt for Rs.1,00,000/- dt:31.05.2018.
12. Ex.P.12- FD receipt for Rs.1,00,000/- dt:31.05.2018.
13. Ex.P.13- FD receipt for Rs.15,000/- dt:31.05.2018.
14. Ex.P.14- FD receipt for Rs.1,00,000/- dt:20.06.2018.
15. Ex.P.15- FD receipt for Rs.1,00,000/- dt:20.06.2018.
16. Ex.P.16- FD receipt for Rs.1,04,000/- dt:20.06.2018.
17. Ex.P.17- FD receipt for Rs.1,07,000/- dt:27.07.2018.
18. Ex.P.18 to 20-Copy of letter of request given by the complainant to the OP No.1&2 dt:30.03.2021, 11.07.2021 and 13.12.2021 and along with register postal receipt. 
19. Ex.P.21-Copy of statement showing maturity amount prepaired by complainant.
20. Ex.P.22-Postal tracking report.
21. Ex.P.23&24-Registered postal receipt.
22. Ex.P.25-Copy of legal notice issued by the complainant Advocate to the Ops.
23. Ex.P.26&27-Postal track report. 
24. Ex.P.28-Copy of Aadhar Card pertaining to complainant.
25. Ex.P.29-Copy of policy on bank deposits. 

6.         The Ops have not appeared before this commission in spite of notice issued by this commission they remained absent and were placed
ex-parte.  Hence, there is no written version and evidence on behalf of Ops. 

7.         Considering the averments of the compliant and her documents on records the points/issues arose for our consideration are as under.

1. Whether the complainant proves that, she is consumer to the Ops and further proves the deficiency of service by the Ops?

2. Whether the complainant proves that, she is entitled for any relief as sought in her compliant? 

3.  If so, What orders? 

8.         Our answers to the points raised above are as follows:-

1. Affirmative.
2. Affirmative.
3. As per the final order.

9.            In order to decide the complaint issues, this commission discussed all the two points/issues altogether for discussion as each points are inter related as follows.

POINT NO.1 and 2.

10.       In order to prove the case against opponents, the complainant has examined herself as P.W.1 by reiterating the complaint averments by way of sworn affidavit and in all got marked documents i.e., Ex.P.1 to Ex.P.29 i.e., Ex.P.1 to Ex.P.17 FD receipts as shown herein above of this judgement and Ex.P.28 is the Aadhar Card of complainant Ex.P.25 is the legal notice, Ex.P.23 and 24 are the postal receipts.  Therefore, on perusal of the Ex.P.1 to Ex.P.17 FD certificate issued by the OP No.1 bearing all details i.e., Account No., receipt No. & date, certificate No., deposited amount and date, and maturity amount & date, which is duly certified by signing the authorised signatory for OP society amply proves that, the Ops received respective amounts on such dates as mentioned in Ex.P.1 to Ex.P.17, which is sufficient to hold that, the complainant has deposited the respective amounts as mentioned in Ex.P.1 to Ex.P.17, where by the complainant is consumer and OP No.1 and 2 are the private banking service provider, hence, complainant is consumer to OPs and OPs are the service provider to complainant. 

11.       The complainant has produced Ex.P.18 to 20 copies of request letter to the Ops to return her FD amount as her husband suffering from severe  ailment and needs urgent money.  Ex.P.20 letter has been issued through register post and the complainant produced Ex.P.19(a) the registered postal receipt.  Lastly the complainant issued legal notice through her counsel as per Ex.P.25 with register postal receipts as per Ex.P.23 and 24 and the notice served upon them and to substantiate the service of legal notice the complainant produced two postal track report as per Ex.P.26 and 27.  In spite the service of legal notice upon the Ops, the Ops have not settled or returned the FD matured amount to the complainant.

12.       The complainant has also produced policy on bank deposits in which serial No.23 under the head renewal of terms deposits and its conditions having narrated in the said Para which is as below.  “Depositors can give instructions at the time of opening the account for payment of maturity proceeds to their accounts or by draft or renewal of the deposit for the period of their choice.  In the absence of any instructions from the customer, the bank will renew the deposit on due date for the same period for which the matured deposit was placed.  However, the depositor will have a choice to change the auto renewal period within 14 days from the date of maturity with value dated effect for such period.  Request for change of the auto renewal period received after 14 days from the date of maturity will be treated as premature renewal of deposit.

13.       The complainants FDR receipt as per Ex.p.1 to Ex.p.17 are having different date and different maturity dates.  In view of the clause stated in Para No.23 of policy on bank deposits the complainant’s FDRs are suppose to be the nature of auto renewal after its maturity date.  In view of the above said discussion the complainant has proved her case against the Ops for deficiency of service and answered point No.1 and 2 in the affirmative in favour of complainant and proceed to pass the fallowing order.

::ORDERS::

The complaint filed by the complainant U/s. 35 of the C.P. Act., 2019, is allowed in part.

The Ops are hereby directed to pay the FDR matured amount to the complainant in total of Rs.16,53,530/- (Rupees sixteen lakh fifty three thousand five hundred thirty only) with the rate of interest at the rate of 9% p.a. from the respective matured dates mentioned in Ex.P.1 to Ex.P.17, as shown below.

The Ops are directed to pay the ordered amount within 45 days from the date of this order.

The Ops are hereby directed to pay the compensation of Rs.20,000/- and litigation charge of Rs.10,000/-.

Intimate parties accordingly.

(Typed to our dictation then corrected, signed by us and then pronounced in the open Commission on this 21^st day of October-2023).

Documents produced by the complainant.

1. Ex.P.1-FD receipt for Rs.1,05,000/- dt:30.06.2016.
2. Ex.P.2-FD receipt for Rs.1,06,000/- dt:30.06.2016.
3. Ex.P.3-FD receipt for Rs.1,06,000/- dt:30.06.2016.
4. Ex.P.4- FD receipt for Rs.1,21,000/- dt:15.02.2018.
5. Ex.P.5- FD receipt for Rs.1,21,000/- dt:15.02.2018.
6. Ex.P.6- FD receipt for Rs.16,000/- dt:16.02.2018.
7. Ex.P.7- FD receipt for Rs.16,000/- dt:16.02.2018.
8. Ex.P.8- FD receipt for Rs.1,00,000/- dt:31.05.2018.
9. Ex.P.9- FD receipt for Rs.1,00,000/- dt:31.05.2018.
10. Ex.P.10- FD receipt for Rs.1,00,000/- dt:31.05.2018.
11. Ex.P.11- FD receipt for Rs.1,00,000/- dt:31.05.2018.
12. Ex.P.12- FD receipt for Rs.1,00,000/- dt:31.05.2018.
13. Ex.P.13- FD receipt for Rs.15,000/- dt:31.05.2018.
14. Ex.P.14- FD receipt for Rs.1,00,000/- dt:20.06.2018.
15. Ex.P.15- FD receipt for Rs.1,00,000/- dt:20.06.2018.
16. Ex.P.16- FD receipt for Rs.1,04,000/- dt:20.06.2018.
17. Ex.P.17- FD receipt for Rs.1,07,000/- dt:27.07.2018.
18. Ex.P.18 to 20-Copy of letter of request given by the complainant to the OP No.1&2 dt:30.03.2021, 11.07.2021 and 13.12.2021 and along with register postal receipt. 
19. Ex.P.21-Copy of statement showing maturity amount prepaired by complainant.
20. Ex.P.22-Postal tracking report.
21. Ex.P.23&24-Registered postal receipt.
22. Ex.P.25-Copy of legal notice issued by the complainant Advocate to the Ops.
23. Ex.P.26&27-Postal track report. 
24. Ex.P.28-Copy of Aadhar Card pertaining to complainant.
25. Ex.P.29-Copy of policy on bank deposits. 

Document produced by the Respondent.

            -Nil-

Witness examined.

Complainant:

P.W.1- Kamalabai W/o Kashinath @ Kashinath S.G.             (Complainant).                                    

Respondent:

            -Nil-