Date of filing:04-03-2013

                                                                                                          Date of Disposal: 21-03-2014

                           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

Friday, the 21^st day of February, 2014

C.C.NO.22/2013

Between:

           Karanam Madhavi @

           Karnam Madhuri

           D/o Gururaja Rao

           D.No.1-785, 3^rd Road

           2^nd Cross,

           Ananthapuramu.                                                                 ….   Complainant

Vs.

           The Person Incharge

           Sree Anantha Grameena Bank

           Employees Co-Operative Credit Society Ltd.,

           C/o Andhra Pragathi Grameena Bank,

           Head Office, Hospital Road,

           Ananthapuramu.                                                                  ….  Opposite Party

            This case coming on this day for final hearing before us in the presence of  Sri K.V.Chalapathi, 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.2,34,300/- towards F.D.R. amount, Rs.20,000/- towards deficiency of service, Rs.10,000/- towards mental agony and interest on the F.D. amount from the date of maturity till the date of realization and costs of the complaint.

2.  The brief facts of the complaint are that :-  The complainant is a permanent resident of Ananthapuramu Town.  An amount of Rs.2,00,000/- is deposited in opposite party’s Co-operative Credit Society by the complainant on 16-05-2010 under Cash Certificate No.GLCCNo.0117/75/10 and the date of maturity is 16-05-2012 and the maturity amount is Rs.2,34,300/-.  After the date of maturity, the complainant went to the office of the opposite party and demanded for the maturity amount, but there was no proper response from the opposite party and the complainant has no other go except to file this complainant as the deposited amount with interest was not paid back by the opposite party.  The opposite party failed to repay the maturity amount of the complainant and caused deficiency of service to the complainant for which the opposite party is liable.

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 document.

6.      POINT NO.1:-  The counsel for the complainant argued that an amount of Rs.2,00,000/- was deposited in the opposite party Co-operative Credit Society Ltd., by the complainant on 16-05-2010 and the rate of interest @ 8% p.a. and the date of maturity is 16-05-2012 and the maturity amount is Rs.2,34,300/-.  The counsel for the complainant submitted that after the maturity date, the complainant went to the office of the opposite party and demanded the opposite party to pay the maturity amount, but there was no proper response from the opposite party’s staff.  The counsel for the complainant submitted that as there was no proper response from the opposite party’s staff, the complainant preferred this complaint against the opposite party claiming for the maturity amount and also interest on the maturity amount from the date of maturity till the date of realization.  Further the counsel for the complainant argued that as the opposite party failed to discharge their duties by not paying maturity amount to the complainant, there is deficiency of service on the part of the opposite party for which they are liable to pay a sum of Rs.20,000/- and also caused mental agony to the complainant for which they are also liable to pay a sum of Rs.10,000/- and also to award costs of the complaint.

7.         After hearing the arguments and perusing the document Ex.A1, which is Grameena Lakshmi Cash Certificate issued by the opposite party for a sum of Rs.2,00,000/- on 16-05-2010 and the maturity date is 16-05-2012 and the maturity amount Rs.2,34,300/-.  It is the bounden duty of the opposite party to pay maturity amount to the complainant after the date of maturity, but in the instant case, the opposite party failed to pay the maturity amount when contacted by the complainant and even there was no proper response from the opposite party staff.  This shows that there is negligence on the part of the opposite party in discharging their duties.  Hence caused deficiency of service to the complainant for which they are liable.   Further as the maturity date is 16-05-2012, the opposite party is liable to pay interest from the date of maturity on the maturity amount to the complainant. 

8.         In the above circumstances, we are of the view that the opposite party is liable to pay the maturity amount and interest from the date of maturity on the maturity amount  @ 12% p.a. till the date of realization and also as the opposite party did not discharge his duties and thereby caused deficiency of service for which a sum of Rs.5,000/- is awarded and as the interest is awarded on the maturity amount, no amount is awarded towards mental agony.

9.    POINT NO.2 – In the result, the complaint is allowed by directing the opposite party to pay to the complainant a sum of Rs.2,34,300/- towards maturity amount with interest @ 12% p.a. from the date of maturity 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 21^st day of Mach, 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.0117/75/10

              dt.16-05-2010 for Rs.2,00,000/-.

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTY

• NIL -

                        Sd/-                                                                                 Sd/-  

               LADY MEMBER,                                                   PRESIDENT(FAC),

DISTRICT CONSUMER FORUM,                         DISTRICT CONSUMER FORUM,

             ANANTHAPURAMU                                              ANANTHAPURAM