Date of filing:04-12-2012
Date of Disposal: 28.04.2014
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
Monday, the 28th day of April, 2014
C.C.NO.72/2012
Between:
S.Sreedevi W/o S.Prakash Rangaiah,
Kadavakal, Putlur Mandal,
Ananthapuramu District. …. 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 N.R.K.Mohan and Sri A.Suresh Kumar, Advocates 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.1,34,500/- towards the maturity amount for the deposit and interest on Rs.1,00,000/- from the date of maturity i.e.,10.09.2012 to till the date of realization, Rs.1,34,500/- towards the maturity amount for the deposit and interest on Rs.1,00,000/- from the date of maturity i.e.,22.09.2012 to till the date of realization and of Rs.1,34,500/- towards the maturity amount for the deposit and interest on Rs.1,00,000/- from the date of maturity i.e.,22.09.2012 to 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 a sum of Rs.1,00,000/- with the opposite party on 10.09.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4746/200/09 for a period of 3 years at the rate of interest 11% P.A. and the maturity amount is Rs.1,34,500/- and the maturity dt10.09.2012. The complainant has deposited another sum of Rs.1,00,000/- with the opposite party on 22.09.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4769/222/09 for a period of 3 years at the rate of interest 11% P.A. and the maturity amount is Rs.1,34,500/- and the maturity dt.22.09.2012. The complainant has deposited another sum of Rs.1,00,000/- with the opposite party on 22.09.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4770/223/09 for a period of 3 years at the rate of interest 11% P.A. and the maturity amount is Rs.1,34,500/- and the maturity dt.22.09.2012. The complainant submits that after the date of maturity the complainant visited the office of the opposite party and demanded for the refund of maturity amount but nobody belonging to the society respond properly and it is the duty of the opposite party to discharge the liability on the maturity date. As there is no proper response from the opposite party which shows that the opposite party has not fulfiled his part of service in discharging the liability and their by caused deficiency of service to the complainant. The complainant submits that as the opposite party has not discharged his duty the complainant has to suffer mentally and financially for which the opposite party is also liable. Hence filed this complaint against the opposite party claiming the maturity amount of Rs.1,34,500/- and interest on Rs.1,00,000/- from the date of maturity till the date of realization,Rs.1,34,500/- with interest on Rs.1,00,000/- from the date of maturity till the date of realization and Rs.1,34,500/- with interest on Rs.1,00,000/- from the date of maturity till the date of realization. Further the complainant submits that the opposite party is also liable to pay a sum of Rs.20,000/- towards deficiency of service and Rs.10,000/- towards mental agony and also to award costs of the complaint.
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 A3 document.
6. POINT NO.1:- The counsel for the complainant submitted that the complainant has deposited a sum of Rs.1,00,000/- in the opposite party society on 10.09.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4747/201/09 and the maturity date of the said deposit is on 10.09.2012 and the maturity amount is Rs.1,34,500/-. The complainant has deposited another sum of Rs.1,00,000/- in the opposite party society on 22.09.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4769/201/09 and the maturity date of the said deposit is on 22.09.2012 and the maturity amount is Rs.1,34,500/-. The complainant has deposited another sum of Rs.1,00,000/- in the opposite party society on 22.09.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4770/223/09 and the maturity date of the said deposit is on 22.09.2012 and the maturity amount is Rs.1,34,500/-. The counsel for the complainant submitted that after the maturity of the said deposit the complainant approached the opposite party and requested to refund the maturity amount but as there was no proper response from the opposite party the complainant has no other go except to file this complaint. The counsel for the complainant argued that it is the bounden duty of the opposite party to discharge his liability by refunding the complainant’s deposit amount with interest when asked for on the date of maturity or at any subsequent date by surrendering the deposit certificate. But the opposite party failed to discharge his duty and caused deficiency of service to the complainant. The counsel for the complainant argued that non-payment of the maturity amount to the complainant not only amounts to deficiency of service but also caused mental agony for which the opposite party is also liable.
7. After hearing the arguments of the complainant counsel and perusing the documents submitted by the complainant it is very clear that the complainant has deposited a sum of Rs.1,00,000/- in the opposite party society on 10.09.2009 and the rate of interest is 10% but not 11% as claimed by the complainant but the maturity value is Rs.1,34,500/- and the date of maturity is 10.09.2012 as per Ex.A1. The complainant has deposited a sum of Rs.1,00,000/- in the opposite party society on 22.09.2009 and the rate of interest is 10% but not 11% as claimed by the complainant but the maturity value is Rs.1,34,500/- and the date of maturity is 22.09.2012 as per Ex.A2. The complainant has deposited another sum of Rs.1,00,000/- in the opposite party society on 22.09.2009 and the rate of interest is 10% but not 11% as claimed by the complainant but the maturity value is Rs.1,34,500/- and the date of maturity is 22.09.2012 as per Ex.A3. Further it is the liability of the opposite party to repay the amount deposited by the complainant with interest on the date of maturity or at any subsequent date when the complainant surrendered the said deposit certificate. But in the instant case the opposite party has failed to discharge his duty when the complainant approached for refund of the deposited amount with interest. It is the contractual liability of the opposite party to repay the maturity amount to the complainant when the deposit receipts are surrendered to the opposite party on the date of maturity or at any subsequent date. This shows the negligence on the part of the opposite party and in turn caused deficiency of service to the complainant for which the opposite party is also liable.
8. In the above circumstances we are of the view that the opposite party has caused deficiency of service to the complainant by not discharging his part of duty by repaying the maturity amount even after the maturity date. Hence, the opposite party is liable to pay to the complainant the maturity amount of Rs.1,34,500/- each under three F.D.Rs. and interest on Rs.1,00,000/- each at 10% P.A. from the date of maturity till the date of realization. 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 of Rs.1,34,500/- towards the maturity amount in respect of Grameena Lakshmi cash Certificate No.4746/200/2009 and interest on Rs.1,00,000/- @ 10% p.a. from the date of maturity till the date of realization another sum of Rs.1,34,500/- towards the maturity amount in respect of Grameena Lakshmi Cash Certificate No.4769/222/2009 and interest on Rs.1,00,000/- @ 10% p.a. from the date of maturity till the date of realization another sum of Rs.1,34,500/- towards the maturity amount in respect of Grameena Lakshmi Cash Certificate No.4770/223/2009 and interest on Rs.1,00,000/- @ 10% 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 28th 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.4746/200/09
dt.10-09-2009 for Rs.1,00,000/-.
Ex.A2 - Original Grameena Lakshmi Cash Certificate bearing GLCC No.4769/222/09
dt.22-09-2009 for Rs.1,00,000/-.
Ex.A3 - Original Grameena Lakshmi Cash Certificate bearing GLCC No.4770/223/09
dt.22-09-2009 for Rs.1,00,000/-.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTY
-NIL –
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
