Date of filing:12-04-2013

Date of Disposal: 30.04.2014

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: ANANTHAPURAMU

PRESENT:- Sri S.Niranjan Babu, B.A.,B.L., President (FAC).

           Smt.M.Sreelatha, B.A., B.L., Lady Member

Wednesday, the 30^th day of April, 2014

C.C.NO.39/2013

Between:

Smt.M.Lakshmi Devi W/o M.Konda Reddy,

D.No.2/310, 3^rd Road,

Ananthapuramu.                                                                       ….   Complainant

Vs.

The Person Incharge,

Sree Anantha Grameena Bank

Employees Co-Operative Credit Society Limited,

Rayalaseema Co-operative Training Centre,

Ram Nagar,    

            Ananthapuramu.                                                                       ….  Opposite Party

            This case coming on this day for final hearing before us in the presence of    Sri B.Nagalingam, Advocate for the complainant and the opposite party is called absent and set-exparte and after perusing the material papers on record and after hearing  the arguments of the complainant’s side, the Forum delivered the following:

O R D E R

Sri S.Niranjan Babu, President (FAC):- This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs.3,17,846/-+Rs.34,625/-+Rs.1,38,150/-+Rs.69,250/- towards maturity amount and interest @ 11% P.A. from their respective maturity dates to till the date of realization and Rs.18,628/-+Rs.3,36,250/-+ Rs.77,399/-towards  the maturity amount and interest  @10%. P.A.  from their respective maturity dates to till the date of realization and Rs.28,100/- towards maturity amount and interest  @ 11.5% P.A. from the maturity dt.16.05.2012 till the date of realization, Rs.20,000/- towards deficiency of service, Rs.10,000/- towards mental agony and also to award costs of the complaint.

2.  The brief facts of the complaint are that: - The complainant has deposited different sums under Grameena Lakshmi Cash Certificate with the opposite party as follows:

Subsequently after the maturity of the above said deposits the complainant approached the opposite party for refund of the above said deposit amounts with interest as there was not response from the opposite party the complainant filed this complaint claiming the above said amounts with interest from the date of maturity till the date of realization.

3.         The opposite party remained exparte.

4.         Basing on the above pleadings, the points that arise for consideration are:-

          1. Whether there is deficiency of service on the part of the opposite party?

          2. To what relief?

5.         In order to prove the case of the complainant, the complainant has filed evidence on affidavit on his behalf and marked Ex.A1 to A8 documents.

6.      POINT NO.1:- The counsel for the complainant submitted that the complainant has deposited different sums on different dates with the opposite party under Grameena Lakshmi Cash Certificates.

Further the counsel for the complainant submitted that after the maturity date of the said amounts the complainant approached the opposite party for refund of the said amounts but there was no proper response from the opposite party. The counsel for the complainant submitted that it is the bounden duty of the opposite party to refund the maturity amount to the complainant on the date of maturity or at any subsequent date when the complainant approached by surrendering the said certificates.  The counsel for complainant submitted that the opposite party has failed to discharge his part of duty and caused deficiency of service to the complainant for which the opposite party is liable.  Further the counsel for the complainant submitted that the opposite party failed to refund the maturity amount and caused mental agony to the complainant for which the opposite party is also liable.

7.         After hearing the arguments and perusing the documents submitted by the complainant, it is evident that the complainant has deposited different sums on different dates with the opposite party and the opposite party has issued Grameena Lakshmi Cash Certificates for the respective deposits mentioning the rate of interest and the maturity amount with the maturity date.   Considering the arguments of the counsel for the complainant that it is the duty of the opposite party to refund the maturity amounts to the complainant under different Grameena Lakshmi Cash Certificates when surrendered on the date of maturity or at any subsequent date and as the opposite party has failed to refund the maturity amount of different deposits made by the complainant which shows the negligence on the part of the opposite party and thereby caused deficiency of service for which the opposite party is liable.

8.         Hence, we are of the view that the opposite party is liable to refund the different maturity amounts of the deposits made by the complainant under Grameena Lakshmi Cash Certificates with respective dates of maturity which are marked as Ex.A1 to A8.

Further the opposite party is also liable to pay interest on the said maturity amounts at different rate of interest of 11.5, 11% & 10 % P.A.from the date of maturity till the date of realization.  In the above circumstances the opposite party has caused deficiency of service to the complainant and liable to compensate for the same. However no amount is awarded towards mental agony as interest is awarded.

9.    POINT NO.2 – In the result, the complaint is allowed by directing the opposite party to pay to the complainant a sum Rs.3,17,846/-+Rs.34,625/-+Rs.1,38,150/-+Rs.69,250/- towards maturity amount and interest @ 11% P.A. from their respective maturity dates to till the date of realization and Rs.18,628/-+Rs.3,36,250/- +Rs.77,399/-towards  the maturity amount and interest  @10%. P.A.  from their respective maturity dates to till the date of realization and Rs.28,100/- towards maturity amount and interest  @ 11.5% P.A. from the maturity dt.16.05.2012 till the date of realization,. Further direct the opposite party to pay a sum of Rs.5,000/- towards deficiency of service and also to pay a sum of Rs.1,000/- towards costs of the complaint within one month from the date of this order.

              Dictated to Steno, transcribed by him, corrected and pronounced by us in open Forum this the 30^th day of April, 2014.

                                Sd/-                                                                                                   Sd/-

             LADY MEMBER,                                                  PRESIDENT (FAC),

DISTRICT CONSUMER FORUM,                         DISTRICT CONSUMER FORUM,

             ANANTHAPURAMU                                              ANANTHAPURAM

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

ON BEHALF OF THE COMPLAINANT:         ON BEHALF OF THE OPPOSITE PARTY

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

Ex.A1             Original Grameena Lakshmi Cash Certificate bearing GLCC No.4755/208/2009 dt.04.09.2009 for Rs.2,36,317/-.

Ex.A2.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4648/102/2009 dt.16.05.2009 for Rs.20,000/-.

Ex.A3.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4666/120/2009 dt.02.06.2009 for Rs.25,000/-.

Ex.A4.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4789/241/2009 dt.06.08.2009 for Rs.99,747/-.

Ex.A5.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4695/149/2009 dt.03.07.2009 for Rs.50,000/-.

Ex.A6.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4790/242/2009 dt.11.10.2009 for Rs.13,850/-.

Ex.A7.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4777/229/2009 dt.29.09.2009 for Rs.2,50,000/-.

Ex.A8.            Original Grameena Lakshmi Cash Certificate bearing GLCC No.4788/240/2009 dt.05.09.2009 for Rs.57,546/-.

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTY

                         Sd/-                                                                               Sd/-

               LADY MEMBER,                                                   PRESIDENT(FAC),

DISTRICT CONSUMER FORUM,                         DISTRICT CONSUMER FORUM,

             ANANTHAPURAMU                                              ANANTHAPURAM