BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.131/2016

DATE OF FILING: 10/08/2016
 

ORDER DATED: 5^th day of August, 2017

   P r e  s e n t: 

01) Smt. Sharada. K.                                                  President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                            Lady Member…

                            B.A (Music)

03) Shri.Shravanakumar.D.Kadi                               Member…

                        M.Com.LL.B.  (Spl)

V/s

JUDGEMENT DELIVERED BY SMT.SHARADA.K.PRESIDENT

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) for seeking direction to OPs to refund Rs. 2,00,000/- with interest @ 18% p.a. from the date of deposit and issuance of bond i.e. 02/05/2010 to till realization and Rs.20,000/- compensation towards mental agony and harassment made by them to the complainant, Rs.5,000/- towards cost of the complaint etc.

2.    The brief fact of the case are as follows:

The complainant is customer of OPs Banking Financial Institution which is doing business of banking by taking deposits from the customer in various schemes and offering them to give cow, Milking, Buffalo, Ship after the maturity i.e., live stock and if the customers i.e., complainant is not interested in the live stock then in that case the amount of maturity mentioned in the bond in lieu of the said live stock will be paid to the customers.

In view of the same complainant in their various schemes had deposited amount mentioned below.

 OP No.7 and they issued bond in favour of complainant, the same was matured on 09/05/2016.

          3.      That the complainant had got the knowledge that all the OPs are trying to close their all branches throughout in India. Complainant had issued legal notice through his counsel on dated 02/07/2016 to all OPs No.1 to 9 and complainant stated that the OPs office at Jamakhandi Branch has been closed same intimated by postal authority through return of legal notice with cover to the complainant but OPs did not respond nor refund any amount, complainant stated that OPs are closing their branch offices at Bagalkot district they already.

          4.      Complainant was suffered mental shock and agony. Therefore, OPs shall have to pay an amount of Rs.2,00,000/- with interest @ 18% p.a. from the date of deposit and issuance of bond to complainant till to the realization. Complainant also claimed Rs.20,000/- as compensation for mental agony and Rs.5,000/- towards cost of litigation.

5.      After receipt of the notice, OP No.2 to 6 & 9 filed Memo of Appearance and OP No. 7 & 8 filed vakalath through their counsel OP No. 1 and 10 did not contest the complaint and as such is being proceed against exparte. The District Forum observes points and determination are as follows;

Complainant tender affidavit evidence and placed following documents.

1) Document submission Report

2) Certified copy of the Statement of Account

3) Legal Notice

4) Postal receipts

5) Acknowledgement

          OP No.7 produced zerox copy of Government of India vide its order dated 16/04/2016 liquidated the O.P. said society as per the provisions of the Multi State Co-Operative Societies Act 2002 and rules made thereunder.

          6.     After considering the materials placed on records, the following points that would arise for our considerations.

1. Whether the complainant made out the case to allow 

the complaint?

          2) What order?

          After considering the evidence tender the complainant and on careful consideration of the point urged during the course of arguments our findings for the above points are as follows;

1. Party in the affirmative.
2. As per final order;

-: R E A S O N S :-

          7. POINT NO.1:- To substantiate this point, complainant tender Xerox copy of bond and certified copy of the statement Account Registration No.1402800000005 amount of Rs.2,00,000/-, the date of commencement 10/05/2010 and its date of expiry 09/05/2016. That the complainant had got the knowledge all the OPs are trying to close their all Branches throughout in India. Complainant had issued legal notice through her counsel to all the OPs 1 to 9. Said notice served to OPs 1 to 8, but not replied to said notice, nor refund any amount to the complainant. Hence, act of the OPs clearly shows the deficiency of service, breach of trust and unfair trade practice towards the complainant. Due to this act of Ops, the complainant suffered financial loss and mental agony.

          8.      On 14/12/2016 OP No.7 filed Memo and stated that the OP is the Multi State Multi Purpose Cooperative Society Ltd. The Government of India, Ministry of Agriculture, Co-operation and Farmers Welfare has appointed the Mr.Satish.S.Kshirsagar as a Liquidator in the Samruddha Jeevan Multi State Multi Purpose Co-Operative Society Ltd. on 18/04/2016. He has taken the charge of the society on 02/05/2016.

After receipt of notice, the OP No.10 did not appear either in-person or by counsel inspite of giving sufficient time. Hence, were placed exparte. Hence, this is none other than deficiency in service rendered by the Ops. Once the deficiency in service is prove, the next is how much compensation complainant is entitled for? That the OPs jointly and severally have to pay the maturity amount as per the particulars of the deposit amount will paid to the complainant with interest @ 9% p.a. from the date of maturity to till the realization of the amount. The complainant is also entitled to get Rs.10,000/- towards mental agony and cost of the complaint is Rs.5,000/. However, as per Liquidation Order, if Liquidator is under custody of entire property of the OPs 1 to 9 are directed to consider the security amount of the complainant on priority basis and same shall be paid to them in the first instancy while deciding order on their liquidation.  Hence, we answer point No.1 partly in the affirmative.

9.  POINT NO.2:  In view of finding to Point No.1, we proceed to pass the following:

:: ORDER ::

1. Complainant’s complaint is allowed in part as follows;

2. The O.Ps are jointly and severally have to pay the deposit amount Rs.2,00,000/- (Rupees two lakh) with interest @ 9% p.a. from the date of maturity to till realization.

3. The OPs shall have to pay an amount of Rs.10,000/- (Rupees ten thousand) towards mental agony and harassment and Rs.5,000/- (Rupees five thousand) towards the cost of proceeding.

4. The O.Ps. are directed to comply this order within a period of two months from the date of receipt of this order, failing which Rs.2,00,000/- carries interest @ 12% p.a. from the date of order, till payment is made.
5. Send a copy of this Order to both parties free of cost.  

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 05^th day of August, 2017)