Date of filing:22-05-2013
Date of Disposal: 26.05.2014
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 26th day of May, 2014
C.C.NO.32/2014
Between:
1. Smt.A.Lalitha @ A.Leelavathi @K.Lalitha,
W/o A.Bhaskar Reddy,
2. K.Narayana Reddy S/o K.Obula Reddy,
Both are residing D.No.12-4-965,
Adarsh Nagar,
Ananthapuramu Town. …. Complainants
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 complainants under section 12 of the Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs.1,41,345/- towards the maturity amount for the deposit and interest on Rs.1,00,602/- from the date of maturity i.e.,12.03.2012 to till the date of realization, Rs.1,25,132/- towards the maturity amount for the deposit and interest on Rs.89,062/- from the date of maturity i.e.,12.03.2012 to till the date of realization and of Rs.55,885/- towards the maturity amount for the deposit and interest on Rs.41,550/- from the date of maturity i.e.,29.04.2013 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 complainants have deposited a sum of Rs.1,00,602/- with the opposite party on 12.03.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4624/78/09 for a period of 3 years at the rate of interest 11.5% P.A. and the maturity amount is Rs.1,41,345/- and the maturity dt.12.03.2012. The complainants have deposited another sum of Rs.89,062/- with the opposite party on 12.03.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4625/79/2009 for a period of 3 years at the rate of interest 11.5% P.A. and the maturity amount is Rs.1,25,132/- and the maturity dt.12.03.2012. The complainants have deposited another sum of Rs.41,550/- with the opposite party on 29.04.2010 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.0165/122/2010 for a period of 3 years at the rate of interest 10% P.A. and the maturity amount is Rs.55,885/- and the maturity dt.29.04.2013. The complainants submit that after the date of maturity the complainants 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 complainants. The complainants submit that as the opposite party has not discharged his duty the complainants have 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.1,41,345/- and interest on Rs.1,00,602/- from the date of maturity till the date of realization, Rs.1,25,132/- and interest on Rs.89,062/- from the date of maturity till the date of realization and Rs.55,885/- and interest on Rs.41,550/- 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 A4 document.
6. POINT NO.1:- The counsel for the complainants submitted that the complainants have deposited a sum of Rs.1,00,602/- in the opposite party society on 12.03.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4624/78/2009 and the maturity date of the said deposit is on 12.03.2012 and the maturity amount is Rs.1,41,345/-. The complainants have deposited another sum of Rs.89,062/- in the opposite party society on 12.03.2009 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.4625/79/2009 and the maturity date of the said deposit is on 12.03.2009 and the maturity amount is Rs.1,25,132/-. The complainants have deposited another sum of Rs.41,550/- in the opposite party society on 29.04.2010 under Grameena Lakshmi Cash Certificate bearing No.GLCCNo.0165/122/2010 and the maturity date of the said deposit is on 29.04.2013 and the maturity amount is Rs.55,885/-. The counsel for the complainants submitted that after the maturity of the said deposit the complainants approached the opposite party and requested to refund the maturity amount but as there was no proper response from the opposite party the complainants have no other go except to file this complaint. The counsel for the complainants argued that it is the bounden duty of the opposite party to discharge his liability by repaying the complainant’s deposit amount with interest when asked for on the date of maturity or at any subsequent date when the deposit certificate are surrendered. But the opposite party failed to discharge his duty and caused deficiency of service to the complainants. The counsel for the complainants argued that non-payment of the maturity amount to the complainants 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 complainants counsel and perusing the documents submitted by the complainants it is very clear that the complainants have deposited a sum of Rs.1,00,602/- in the opposite party society on 12.03.2009 and the rate of interest is 11.5% and the maturity value is Rs.1,41,345/- and the date of maturity is 12.03.2012 as per Ex.A1. The complainants have deposited a sum of Rs.89,062/- in the opposite party society on 13.03.2009 and the rate of interest is 11.5% and the maturity value is Rs.1,25,132/- and the date of maturity is 12.03.2012 as per Ex.A2. The complainants have deposited another sum of Rs.41,000/- in the opposite party society on 29.04.2010 and the rate of interest is 10% and the maturity value is Rs.55,885/- and the date of maturity is 29.04.2013 as per Ex.A3. Further it is the liability of the opposite party to repay the amount deposited by the complainants with interest on the date of maturity or at any subsequent date when the complainants surrendered the said deposit certificate. But in the instant case the opposite party has failed to discharge his duty when the complainants 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 complainants 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 complainants 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 complainants 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 complainants the maturity amount of Rs.1,41,345/- and interest on Rs.1,00,602/- at 11.5% P.A. from the date of maturity till the date of realization another sum of Rs.1,25,132/- and interest on Rs.89,062/- at 11.5% P.A. from the date of maturity till the date of realization and another sum of Rs.55,885/- and interest on Rs.41,500/- 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 complainants a sum of Rs.1,41,345/- towards the maturity amount in respect of Grameena Lakshmi cash Certificate No.4624/78/09 and interest on Rs.1,00,602/- @ 11.5% p.a. from the date of maturity till the date of realization another sum of Rs.1,25,132/- towards the maturity amount in respect of Grameena Lakshmi Cash Certificate No.4625/79/09 and interest on Rs.89,062/- @ 11.5% p.a. from the date of maturity till the date of realization another sum of Rs.55,885/- towards the maturity amount in respect of Grameena Lakshmi Cash Certificate No.0165/122/10 and interest on Rs.41,550/- @ 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 26th day of May, 2014.
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.4624/78/09
dt.12-03-2009 for Rs.1,00,602/-.
Ex.A2 - Original Grameena Lakshmi Cash Certificate bearing GLCC No.4625/79/09
dt.12-03-2009 for Rs.89,062/-.
Ex.A3 - Original Grameena Lakshmi Cash Certificate bearing GLCC No.0165/122/10
dt.29-04-2010 for Rs.41,550/-.
Ex.A4 - Indemnity bond dt.10.07.2013 executed by the 1st complainant.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTY
-NIL –
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
