Karnataka

Chitradurga

CC/25/2021

Sri.Thippeswamy.N S/o Narasimahappa. - Complainant(s)

Versus

M/S Dhumal Industries - Opp.Party(s)

Sri.M.K.Lokesh

22 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:11/2022

 

DATED: 22^nd July 2022

 

PRESENT: -  Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER             

                    

                      Sri. G. SREEPATHI, B.COM., LL.B., MEMBER       

                               

                    

……COMPLAINANT/S	Sri. M. Vijaya Kumar S/o Late M.B. Marulappa, R/o Marulappa Badavane, Medehally Road, Chitradurga-577502. (Rep by Sri. V. Somashekhar)
V/S
.….OPPOSITE PARTY/S	1. The Branch Manager, M/s Sahara Credit Co-operative Society Ltd., opposite to Kanthi Sweet Stall, Beside Vanigotra Complex, B.D. Road, Chitradurga-577501.   2. The Manager, M/s Sahara Credit Co-operative Society Ltd., Registered Office, Sahara India Bhavan, Aliganj No.1, Karpoorthala Complex, Lucknow-226024, Uttar Pradesh State. (Rep. by OP-1 & 2 In person Sri Thirupataiah)

:ORDER:

 

Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER

 

 

The above complaint has been filed by complainant U/s 35 of the Consumer Protection Act, 2019 for seeking the relief by praying that directions to the opponents to pay Rs.5,64,200/- with interest thereon at the rate of 18% per annum from the date of maturity till realization and Rs.1,00,000/- towards the frustration and mental agony suffered by the complainant and his family members and Rs.50,000/- towards damages, Rs.25,000/- towards legal and litigation Cost and such other reliefs as this Hon’ble Commission deems fit to grant under the circumstances of the case.

2. The brief facts of the complaint:

The complainant has invested in Fixed Deposit as sum of Rs.5,20,000/-with the above opponents on 11/12/2019 under certificate No.705001766538 with Membership No.22461900128 Receipt No.80815155486 with Account Number 22467800798 with an assurance from the opposite party Society that the Maturity Amount of Rs.5,64,200/- Shall be paid on 11/12/2020 as final proceeds for the said investment of Rs.5,20,000/- made by the complainant for a term of one years,.

3. The complainant has approached the opponents personally on various occasion and asked the opponents to honoun the maturity payment amount of Rs.5,64,200/- by discharging their liability as per the terms agreed while accepting the deposit amount of Rs.5,20,000/-in the Fixed Deposit of the opponents firm the ops has given an arrogant and blatant reply without making the payment during the maturity of the fixed deposit. Further, the complainant stated in his, complainant without any alternative has sent a Legal Notice through Regd. Post Acknowledgement to the Ops on 15-12-2021 through his counsel. The said Legal Notice has been duly served to the ops Despite of receiving the notice, the ops have never replied to the said notice nor came forward to discharge their liability and obligations to the complainant which amounts to Deficiency in service, hence the complainant has filed this complaint.

4. The complainant is seriously annoyed and agitated with the behavior and attitude of the ops in settlement of the final maturity proceeds of fixed deposit of Rs.5,64,200/- thereby causing unreasonable delay in repayment. There by the complainant has been deceived by the ops with an ulterior motive and mala fide intention to grab the money of the complainant. This is the clear indication of the ops who possess an ill-will in mind to avoid payment of amount invested in fixed deposit with a deceitful intention. The cause of action has arisen on account of the non discharge of the liability and dishonor of the promise made towards return of amount of fixed deposit with interest as on the date of maturity by the ops . The postal authorities have endorsed that the ops have refused to affix their seal on the acknowledgment card.

5. The complainant stated in his complaint that the ops have deliberately cheated him with all false and lucrative promises while accepting the fixed deposit by way of giving all false assurances with respect to settlement on maturity and thereby shattering the financial philosophy and the moral standards of their organization, this has led to deficiency in service and from this act, the complainant has put to lot of financial hardship and mental agony due to the deficiency in service of the opposite parties and his undergone severe mental depression and also the complainant has been subjected to humiliation by the ops who are not at all being considerate in the settlement of the genuine claim. The ops having shown least botheration and interest in settlement of maturity amount which amounts to deficiency in service.

6. Even though, after issuance of Notice from this Hon’ble Commission, which has been duly served to the opponent and appeared before his commission through their counsel, but, the opponents not filed version within stipulated period, as such this Hon’ble Commission was considered as version of ops not filed.

7. The complainant got himself examined as P.W.1, by filling his Affidavit as a part of Examination-in-Chief and the documents Ex.A-1 to Ex.A-3 were got marked and closed their side evidence.

8. The complainant has filed his written arguments through his Advocate. Arguments heard   on complainant side.

On perusal of the facts and documents of the complaint and also written Arguments filed by the complainant.

Now, the points that arise for our consideration for decision of above complaint are that:

1. Whether the complainant proves that he is the consumer of opposite parties?
2. Whether the complainant proves that on 11-12-2019 Invested in Fixed Deposit a sum of Rs.5, 20,000/- with the opponents?
3. Whether the complainant proves that the opponents are negligent and there is deficiency in service?
4. What Order?

Out finding on the above points are as follows:

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

REASONS

Point No.1 & 2: The complainant has been examined as P.W.1, and produced documents marked as Ex.A-1: Fixed Deposit certificate Ex.A-2: Legal Notice issued to the ops and Ex.A-3: Acknowledgement Card of receipt of Legal Notice. As such, that there is no dispute that the complainant is the consumer as the complainant has invested in Fixed Deposit a sum of Rs.5,20,000/- with the ops on 11-12-2019 under certificate No. No.705001766538 with Membership No.22461900128 Receipt No.80815155486 with Account Number 22467800798 with an assurance from the opposite party Society that the Maturity Amount of Rs.5,64,200/- shall be paid on 11-12-2020 as final proceeds for the said investment of Rs.5,20,000/- made by the complainant for a term of one year. As such, the issues No.1 & 2 are considered as affirmative.

Point No.3 : It is observed from the  facts of the complaint and documents, that the complaint has approached the opponents personally on various occasion and asked the opponents to honour the maturity payment amount of Rs.5,64,200/- by discharging their liability as per the terms agreed while accepting the deposit amount of Rs.5,20,000/- in the fixed Deposit of the opponents Firm and it is also stated by the complainant that the opponent has given an arrogant and blatant reply without making the payment during the maturity of the Fixed Deposit. That on 15-12-2021 the complainant has got issued a legal notice as per Ex.A-2, calling upon the opponents to pay the maturity amount of the Fixed Deposit amount. But, even though Notice was duly served to OP No.1, and appeared before this commission, but not filed version within stipulated period with regard to there is no dereliction, negligence and deficiency in service on their part, so, it prima facilely shows that the ops are directed their duties and negligent and deficiency in service. As such, the point No.3 taken into consideration as affirmative.

Point No.4 : As Discussed on the above points and for the reasons stated therein we pass the following

::ORDER::

        The complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 is Partly allowed.

It is ordered that the ops are hereby directed to pay the maturity amount of Rs.5,64,200/- to the complainant, and with interest of 6% p.a. from the date of maturity till its realization

It is ordered that the ops are directed to pay compensation of Rs.10,000/- towards mental shock and mental agony of the complainant,

It is further directed to the opponents to pay Rs.5,000/- towards the cost of proceedings.

It is further ordered that, the ops are hereby directed to comply the above order within 30 days from the date of this order if the ops failed to comply the order. It will carry 9% interest p.a. from the date of maturity the complaint till its realization.

        Communicate the order to parties.

 

 (Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on  22^nd July  2022.)

 

 

 

 

Member                                                                          Lady Member        

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:- Sri M Vijayakumar S/o Late M.B. Marulappa by way of affidavit    

           of evidence.  

Wetness examined behalf of opponents:

Nil.

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Fixed Deposit certificate dt.11/12/2019
02	Ex-A-2:-	Legal Notice issued to the ops dt.15/12/2021
03	Ex-A-3:-	Acknowledgement Card of receipt of Legal Notice

 

Documents marked on behalf of opponents:

 

Nil

 

 

Member                                                                               Lady Member                                        

  

 

 

 

GM