Complaint filed on: 26-11-2015

                                                      Disposed on: 11-08-2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.131/2015

DATED THIS THE 11^th DAY OF AUGUST 2016

PRESENT

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

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A, LADY MEMBER

Complainant: -                

                                                S.Velayudhan,

                                                S/o. Subbaraya Padiyachi,

                                                Near SRS Garden,

                                                5^th Cross, Banashankari Main

Road, Banashankari Nagar,

Tumakuru

(By Advocate Sri.D.Krishnappa)            

V/s

Opposite party:-                               

President/Chief Executive officer, City Pattina Sahakara Sangha Niyamitha, 2^nd Main Road, New Mandipet,

Tumakuru City-572 101. 

(By Advocate Sri.R.Premkumar)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

The complainant has filed this complaint Under Section 12 of the Consumer Protection Act 1986 against the OP alleging deficiency in service on the part of OP and prays to direct the OP to pay Rs.25,000=00 + Rs.20,466=00 = Rs.45,455=00 along with interest on the said amount and to pay Rs.50,000=00 towards mental agony and to pass such other order as deemed fit, in the interest of justice and equity.

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

The complainant submitted that, he was one of the shareholder of the OP society. The complainant has purchased 10 share certificates bearing no.31323 to 31332 and also he purchased 40 share certificate bearing no.44333 to 44372 respectively from OP (each share certificate was Rs.100=00), totally he has purchased 50 share certificates from the OP. The complainant has paid Rs.5,000=00 share amount to the OP society.

 The complainant further submitted that, after obtaining the share certificates, on 23-7-2008 the OP has opened fixed deposit and in the said FD account, the complainant has deposited Rs.25,000=00 for 13 months on the rate of interest at 11.05% per annum. Thereafter, the complainant has renewed the fixed deposit on 10^th, 04^th, 04^th, 20^th and 8^th of every months. On 24-7-2014 the said fixed deposit was matured and the complainant has asked the OP to give matured amount along with profit, but the OP has dragged the matter by giving one or the other reasons.

The complainant further submitted that, he had a saving account No.3018 and Folio No.13/488. On 29-12-2014, the complainant had balance amount of Rs.20,466 in his SB account. The complainant has requested to OP’s official to give back the said amount, without reasons, the OP has denied to give back the said amount.

The complainant further submitted that, the OP violated the rules and regulations of society. The complainant visited the OP’s society several times, due to this, he has suffered physically, financial and mentally. On 23-3-2014 the complainant got issued a legal notice to OP through RPAD, even after service of notice, the OP has not paid the amount nor replied to the said notice. Hence the complainant has come up with the present complaint.

3. After service of notice, the OP has appeared through counsel and filed version contending interalia under:  

In the version, the OP pleaded that, the complaint is not maintainable and sustainable either in law or on facts and the same is liable to be dismissed in limine.  The OP further submitted that, the complaint filed by the complainant is not in accordance with law and the same is liable to be dismissed as the complainant involves substantial question of law. Further submitted that, as the complainant has filed a complaint against the President of OP in the individual capacity of the President which is not maintainable in the eye of law. The OP further submitted that, the complaint is also not maintainable for the reason, the complainant has filed a joint complaint which is having different cause of action and the complainant is seeking relief for the cause of action which has not arisen at all or there is absence of cause of action as on the date of filing of the complaint. The OP further submitted that, the OP has denied the fact that, the complainant has deposited the amount in the OP’s sangha on the respective date as stated by the complainant in his complaint and the same is to be substantiated by the complainant by producing the original deposits. The OP further denied that, the averments made in the para 2 to 4 of complaint are denied in entirety and the complainant has to prove the same beyond reasonable doubt by producing the relevant documents. The OP further submitted that, there is no cause of action for the complaint and considering the pleading of the complaint and the complaint is barred by law and as procedure adopted by the complainant in filing this complaint is not in accordance with law and under the said grounds the complaint is liable to be dismissed, in the interest of justice and equity.

          4. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence, reproducing what he has stated in his complaint, but the OP has not filed his affidavit evidence. The complainant has produced documents along with list dated 15-4-2016 which were marked as Ex-P1 to Ex-P10 and the OP has not produced any documents to prove the case. We have heard the arguments of both parties and perused the records. 

5. Based on the above materials, the following issues will arise for our consideration.

1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
2. What Order?

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

Issue No.1:           In the Affirmative

Issue No.2:           As per final order below                        

REASONS

7. Issue No.1: On perusal of pleadings, objection of OP and evidence of complainant, it is an admitted fact that, the complainant was the shareholder of OP society and he has purchased 10 and 40 shares bearing no.31232 to 31332 and 44333 to 44372 respectively from the OP society. Each share value was Rs.100=00 and total share amount was Rs.5,000=00. To substantiate the above facts, the complainant has produced two share certificate issued by the OP society in the name of complainant, it is marked as Ex-P1 and Ex-P2.  

8. Further contention of the complainant is that, on 23-7-2008 the OP has opened FD account and in the said FD account, the complainant has deposited Rs.25,000=00 for 13 months. Then the complainant has renewed the FD account on 10^th, 04^th, 04^th, 20^th and 8^th of every months. On 24-7-2014 the said FD amount was matured and the complainant has asked the OP to give back the matured amount along with profit. Further contention of the complainant is that, he had a saving account No.3018 and Folio No.13/488. On 29-12-2014, the complainant had balance amount of Rs.20,466 in his SB account. The complainant has requested to OP’s official to give back the said amount, without reasons, the OP has denied to give back the said amount. In order to substantiate the above said facts, the complainant has produced FD receipt and passbook of OP society issued in the name of complainant, it is marked as Ex-P3 and Ex-P4.

9. Per-contra, the OP contended that the above said share certificates and Fixed Deposit Receipt is not matured at the time of filling of the complaint. Hence, there is no cause of action arose at the time of filing of this complaint.

10. Admittedly, the complainant had purchased 10 and 40 share certificates vide no.2872 dated 31-3-2000 and 6-7-2001 for Rs.1,000=00 and Rs.4,000=00. As per Ex-P1 and Ex-P2 i.e. share certificates, it is seen that, the share numbered from 31323 to 32332 and 44333 to 44372 were written and issued dates were written in the share certificates as 31^st March 2000 and 6^th July 2001. Further the complainant had purchased one FD bond vide no.4532 dated 23-7-2008. As per Ex-P3, it is seen that, the maturity date was written in the said FD bond as 24-8-2009 and the maturity amount is written as Rs.27,844=00. Further, the complainant filed this complaint on 26-11-2015. Hence, we are of the opinion that, the cause of action arose at the time of filing of this complaint.

11. Further, the OP has not disputed the share certificate and Fixed Deposit Receipt or the maturity amount. Hence, it is the bounden duty of the OP to pay the maturity amount of the Fixed Deposit Receipt and share certificate amount. In the above facts and circumstances of the case, there is deficiency of service on the part of the OP.

12. Further the complainant alleged that, the OP has not allowed to with draw the amount which is in the SB account no.3018 for the balance amount of Rs.20,466=00 as per Ex-P4. This allegation of the complainant is not disputed. However, the complainant has not produced any letter/representation to the OP to permit him to withdraw the amount from the OP/bank. Be that as it is may, the conduct of the OP in not allowing the complaint to withdraw the amount is highly deprecated.

13. Further, the OP has taken a contention that, the complaint is not maintainable as the complainant has filed a joint complaint which is having different cause of action. Admittedly, there is deficiency of service on the part of the OP. Since, the OP has not paid the share certificate amount bearing 2872 and maturity amount of the Fixed Deposit Receipt bearing no.4532, by not doing so, the OP has committed deficiency of service. Secondly the conduct of the OP/bank in not permitting the complainant to operate SB account is unheard of. The complainant cannot be induced to file separate complaint at his cost. Therefore, the contention raised by the OP that, the joint complaint to be filed by the complainant does not hold any water. Hence, on the above discussion, we are of the opinion that, the OP has committed deficiency of service. Accordingly, we answer the point no.1 in the affirmative.

13. Issue No.2: In the result, the OP is liable to pay outstanding amount in SB account bearing no.3018, Folio No.13/488 i.e. Rs.20,466=00 together with interest and other benefits and also share certificate amount and maturity amount of the said Fixed Deposit Receipt no.4532 together with interest and other benefits. The complainant claimed Rs.50,000=00 towards damages and cost. The interest awarded on the payable amount itself suffice the complainant. Hence, we decline to award the said relief as prayed for by the complainant. But the complainant is entitled for Rs.5,000=00 towards litigation cost. Accordingly, we proceed to pass the following:

O R D E R

1. The complaint filed by the complainant is allowed in part with cost of Rs.5,000=00.
2. The OP is directed to pay outstanding amount in SB account no.3018 i.e. 20,466=00 together with interest @ 9% p.a. from 29-12-2014 to till payment.
3. The OP is further directed to pay the share certificates (bearing no.2872) amount Rs.1,000=00 and Rs.4,000=00 together with interest @ 9% p.a. from the date of share certificate issued to till the date of payment.
4. The OP is further directed to pay the maturity amount of Fixed Deposit Receipt bearing no.4532 together with interest @ 9% p.a. from the date of maturity value to till the date of payment.
5. The OP is further directed to comply the above order within 30 days from the date of receipt/knowledge of the order.
6. 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 11^th day of August 2016).

MEMBER                   MEMBER                   PRESIDENT