Complaint filed on: 05-07-2017

                                                      Disposed on: 27-11-2017

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.64/2017

DATED THIS THE 27^th DAY OF NOVEMBER 2017

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SMT.GIRIJA, B.A, LADY MEMBER

Complainant: -        

                                                N.P.Vijayakumar,

                                                S/o. P.Siddappa,

                                                Aged about 67 years,

                                                R/o at 8^th Cross, 5^th Main,

                                                S.S.Puram, Tumakuru                                                (In-person)      

V/s

Opposite party:-               

The President and Chief Executive Officer,

                                                City Pattina Sahakara Sangha

Niyamitha, 2^nd Main Road, New Mandipet, Tumakuru 

                                                (Exparte)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint is filed by the complainant against the OP, under Section 12 of the Consumer Protection Act 1986. The complainant prays to direct the OP to pay the entire amount of Rs.1,84,408=00 i.e.Rs.1,20,000=00 along with interest @ 12.5% and Rs.5,998=00 along with interest Rs.55,910=00 interest transferred to SB Account No.6525 towards deficiency and negligent act and thereby caused harassment, in the interest of justice and equity. 

2. The brief facts of the complaint is as under:-

The complainants submitted that, the OP is doing financial transaction and the complainant is the customer of the OP Sangha since long back. On the assurance made by the OP, the complainant has deposited the following amount in the OP Sangha on several dates and now all the deposits are matured. The details are as follows:

The above said FDRs had matured on 22-12-2016. The complainant was suffering from diabetics and blood pressure. Since from the date of maturity, the complainant had made several requests and demanded the OP to return the maturity amount.  The said amount is very much required for medical expenses of the complainant. As and when the complainant demanded for the same, the OP instead of returning the said amount, he has been showing his hostile attitudes with one or the other reasons. The OP has not made any arrangements to return the said maturity amount to the complainant and thereby the OP has shown his negligence and deficiency in service. On 4-5-2015 the complainant has gone heart-by-pass operation. Once again, the complainant requested the OP to refund the FDR amounts, but the OP did not refund the said FDR amount and interest. Hence, the complainant got issued a letter to the Asst. Registrar of Co-operative Society, Tumakuru on 2-5-2017. Inspite of service of notice, the OP willfully has not taken any action for making payment of the FDRs amount. Hence, the present complaint is filed.

3. After service of the forum notice, the OP has not appeared before the forum. Despite sending notice to OP, the same has not been served, so the complainant has taken paper publication as against the OP and produced the paper publication and the service of paper publication is taken as sufficient. The OP was called out absent and he has been placed exparte and posted the case for filing affidavit of complainant.

          4. In the course of enquiry into the complaint, the complainant has filed his affidavit by way of evidence and reproducing what he has stated in his complaint.  The complainant has produced documents and perused the documents.

5. We have heard the arguments of complainant’s side and we have gone through the oral and documentary evidence of complainant side in between lines and posted the case for order.  

6. Based on the above materials, the following points will arise for our consideration.

1. Whether the complainant has proved deficiency in service on the part of the OP?
2. What Order?

7. Our answer to the above issues are as under:

Point No.1:           In the Affirmative

Point No.2:           As per final order below                       

REASONS

8. One Sri.N.P.Vijayakumar, who being the  complainant has firmly stated in his affidavit evidence that, on 22-10-2011 the complainant had obtained two deposit receipts vide Nos.5215 to 5216 respectively from the OP for a sum of Rs.63,000=00 and Rs.57,000=00 respectively. The above said Deposit Receipts had matured on 22-12-2016.  After maturity of the deposit amount, the complainant had approached the OP and requested for repayment of the said deposit receipts amount. But the OP did not repay the above said certificates amount to the complainant, which amounts to negligence and deficiency in sercvie on the part of the OP.

9. The above said assertions of the complainant have remained unchallenged. The OP has neither filed version nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the sworn testimony of the complainant.

10. The complainant had produced two deposit receipts dated 22-10-2011 for a sum of Rs.63,000=00 and Rs.57,000=00 respectively and maturity dates were mentioned as 22-12-2016. The maturity amount were mentioned as Rs.63,000=00 and Rs.57,000=00 respectively and rate of interest is mentioned as 12.5%. The complainant has produced SB pass book of OP.

11. The said oral and documentary evidence of complainant is that, after maturity of the deposit receipts, the OP did not pay the above said deposit receipts amount and also not responded to the complainant’s requests.

12. It is bounden duty of the OP to return the maturity amount after maturity of the deposit receipts, not done so; it amounts to deficiency in service. This act of the OP made the complainant to suffer. Hence, we award compensation of Rs.5,000=00 and Rs.3,000=00 towards litigation cost. Further direct the OP to pay maturity amount of deposit receipts along with 9% interest p.a. from the date of maturity till realization. This order is to be complied by the OP within 30 days from the date of receipt of this order. Accordingly, the complaint of complainant is partly sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint filed by the complainant is partly allowed.

The OP is directed to pay the maturity amount of Deposit Receipts No.5215 and 5216 to the complainant along with 9% interest per annum from the date of maturity of the above said Deposit Receipts to till the date of realization.

The OP is further directed to pay Rs.55,910=00 transferred in the SB Account No.6525 of the complainant along with 9% interest per annum on the said amount from the date of complaint to till the date of realization. 

The OP is further directed to pay Rs.5,000=00 towards compensation and Rs.3,000=00 towards cost of litigation to the complainant respectively.

This order is to be complied by the OP within 30 days from the date of receipt of this order.

          Supply free copy of this order to both parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 27^th day of November 2017).

LADY MEMBER                         PRESIDENT