BEFORE THE DISTRICT CONSUMER FORUM :: WARANGAL
Present: Sri P.Praveen Kuimar, B.Com., LL.B.,Member-cum-FAC President.
And
Smt.S.B.Bhargavi, B.A., LL.M.,Member.
Monday, the 29th day of June, 2015.
CONSUMER COMPLAINT No.47/2014
Date of filing : 11-03-2014
Date of Disposal: 29-06-2015
Between:
1.Ch. Devender Reddy, S/o Venkata Narsimha Reddy,
Age:81 yrs, Occ: Retd.Employee.
2) Smt. Ch.Leela Devi, W/o Devender Reddy,
Age:75 yrs, Occ: Household.
Both are resident of H.No.2-11-535/1-1,
Vijayanagar Colony, Gopalapur Road, Hanamkonda, Warangal District. … Complainants
AND
Vijayanagar Colony Paraspara Sahayaka Sahakara
Podupu Parapathi Sangam Ltd.,
Vijayanagar Colony, Gopalapuram,
Hanamkonda, Warangal District.
Rep. by its President Dr.K.Venkat.
Sri Dr.K.Venkat,
President, V.C.P.S.S.P.P.Sangam Limited,
H.No.2-11-528, Vijayanagar Colony,
Gopalapuram, Hanamkonda, Warangal District.
Sri N.Sudershan Reddy,
Cashier, V.C.P.S.S.P.P.Sangam Limited,
H.No.2-12-293/8, Vijayanagar Colony,
Gopalapuram, Hanamkonda, Warangal District.
… Opposite parties.
This complaint is coming before us for final hearing on 10-06-2015, in the presence of Sri P.Muralidhar, Advocate for the Complainant and Sri M.Sadashivudu, Advocate for Opposite Parties and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
CC 47/2014
ORDER
Sri Patel Praveen Kumar, FAC President
1. The complainants filed this complaint under section 12 of Consumer Protection Act, 1986 to direct the Opposite Parties to make payment of Rs.21,614/- to the complainant No.1 and Rs.12,882/- to complainant No.2 in the interest of justice.
2. The brief averments of the complaint are that the complainant No.1 and 2 are the husband and wife and they are the Members of Vijaya Nagar Colony Paraspara Sahayaka Sahakara Podupu Parapathi Sangam Limited of opposite parties. The opposite parties without valid reasons withdrawn the Membership of complainants, but they have not returned the share amount of the complainants. The complainant No.1 is entitled Rs.21,214/- and the complainant No.2 is entitled Rs.12,482/- towards their share amount. The complainants demanded the opposite parties for return of the share amount, but the opposite parties did not return the same. Vexed with the attitude of opposite parties, the complainants got issued legal notice on 12-11-2013, for which the opposite parties given evasive reply. The act of opposite parties amounts to deficiency of service. Hence this complaint.
3. The Opposite parties filed the Written Version stating that the membership of the complainants were removed from the list as per the resolution passed by the Sangam and the said complainants obtained loan in May, 2010 for Rs.50,000/- each under Cheque Nos.436341 and 436342 and recovery started from June, 2010. Upto 18-08-2011 the complainants paid only Rs.36,000/- each as loan amount and both the complainants were due to this Sangam an amount of Rs.14,000/- each including interest. Therefore after deducting the remaining share amounts the complainants are entitled to receive an amount of Rs.6,196/- only which was sent to the complainants through cheque No.482772/SBH/25/12/2612, but cheque was returned to society, undelivered as the complainants refused to take the same. Therefore there is no deficiency of service on the part of the opposite parties and requested this Forum for dismissal of the complaint.
4. The Parties filed their respective proof Affidavits. While the Complainants marked Exs.A-1 to A-5 and the Opposite Parties not marked any documents.
5. Now the points for consideration are:
1) Whether there was deficiency of service on the part of the Opposite Parties?
2) Whether the complainants are entitled for the claim as prayed for. If so, to what Relief?
6. Point NO.1
It is the main contention of the complainants is that complainant No.1 and 2 are the husband and wife and they are Members of Vijaya Nagar Colony Paraspara Sahayaka Sahakara Podupu Parapathi Sangam Limited of opposite parties. The opposite parties without valid reasons withdrawn the Membership of complainants, but they have not returned the share amount of the complainants. The complainant No.1 is entitled Rs.21,214/- and the complainant No.2 is entitled Rs.12,482/- towards their share amount. The complainants demanded the opposite parties for return of the share amount, but the opposite parties did not return the same.
7. The opposite parties contends that the membership of the complainants were removed from the list as per the resolution passed by the Sangam and the said complainants obtained loan in May, 2010 for Rs.50,000/- each under Cheque Nos.436341 and 436342 and recovery started from June, 2010. Upto 18-08-2011 the complainants paid only Rs.36,000/- each as loan amount and both the complainants were due to this Sangam an amount of Rs.14,000/- each including interest. Therefore after deducting the remaining share amounts the complainants are entitled to receive an amount of Rs.6,196/- only which was sent to the complainants through cheque No.482772/SBH/25/12/2612, but cheque was returned to society, undelivered as the complainants refused to take the same.
8. It is an admitted fact that both the complainants are the valid members of Vijaya Nagar Colony Paraspara Sahayaka Sahakara Podupu Parapathi Sangam Limited situated at Vijaya Nagar Colony, Gopalapuram, Hanamkonda of Warangal District. The opposite parties have withdrawn the Member ship of the said complainants from the Sangam by not returning the share amount.
9. The facts disputed by the opposite parties are that the membership of the complainants were removed from the list as per the resolution passed by the Sangam and the said complainants obtained loan in May, 2010 for Rs.50,000/- each under Cheque Nos.436341 and 436342 and recovery started from June, 2010. Upto 18-08-2011 the complainants paid only Rs.36,000/- each as loan amount and both the complainants were due to this Sangam an amount of Rs.14,000/- each including interest. Therefore after deducting the remaining share amounts the complainants are entitled to receive an amount of Rs.6,196/- only which was sent to the complainants through cheque No.482772/SBH/25/12/2612, but cheque was returned to society, undelivered as the complainants refused to take the same. Therefore there is no deficiency of service on the part of the opposite parties.
10. After perusing the material on record Ex.A-5 is the withdrawal list of the year 2011-12 wherein the names of the said complainants were shown and they are entitled for share amounts as on 31-12-2011 i.e, complainant No.1 Ch.Devender Reddy under Sl.No.10 Rs.21,214/- and under serial number 11 Ch.Leela Devi Rs.12,482/-. Therefore they are entitled for the share amount as stated above as per withdrawal list under Ex.A-5.
11. The contention of the opposite parties that the said complainants are due to the Sangam some of the amounts under loan were not proved, since none of the documents filed by the opposite parties to prove the same. Moreover by filing mere abstract of the statement will not sustain. Therefore the complainants are entitled for their share amounts for the year 2011-12 i.e, an amount of Rs.21,614/- for complainant No.1 and Rs.12,882/- for complainant No.2.
12. For the foregoing reasons stated above, we are of the opinion that there is deficiency of service on the part of the opposite parties, hence we hold under this point.
13. Point NO.2: To What Relief:- As we held that there is deficiency of service on the part of the opposite parties as stated supra, we decided this point in complainants against the opposite parties.
14. In the result this complaint is allowed directing the opposite parties are jointly and severally liable to deposit in this Forum a sum of Rs.34,496/- (Rs.Thirty four thousand four hundred and ninety six only) towards their share amount and Rs.5,000/- (Rs.Five thousand only) towards damages and costs within one month.
Apportionment:- The Complainant No.1 is entitled Rs.21,614/- and the Complainant No.2 is entitled Rs.12,882/- and damages equally.
(Dictated to Stenographer, transcribed by her, corrected and pronounced by us in the open Forum on this 29th day of June, 2015).
Lady Member FAC President
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE WITNESSES EXAMINED
On behalf of Complainants On behalf of Opposite Parties
Affidavit of complainant No.1 filed. Affidavit of Opposite Parties filed. Affidavit of M.Upender Reddy, PW-2 filed.
EXHIBITS MARKED
ON BEHALF OF COMPLAINANTS
Ex.A-1 is the office copy of legal notice issued to the opposite parties dated 12-11-2013.
Ex.A-2 is the Postal Receipt.
Ex.A-3 is the Acknowledgment (03).
Ex.A-4 is the Reply from the opposite parties dated 22-11-2013.
EX.A-5 is the Withdrawal List of 2011-2012 issued by the opposite parties dated 31-12-2011.
ON BEHALF OF OPPOSITE PARTIES
Nil
Lady Member FAC President
District Consumer Forum, Warangal
