IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

ORDER

1. This complaint filed by Mrs.B.B. Srimathi Bangera d/o. late Venkappa, aged 52 years, resident of Madikeri, Kodagu District against the opponents with a prayer to direct the opponents to pay a sum of Rs.8,500/- with interest at the rate of 12% per annum and Rs.1,25,000/- as compensation/ damages for her physical and mental agony along with cost of the proceedings.

2. The opponent no.1 is Sahara India Credit Co-operative Society situated at Aliganj, Lucknow, U.P and opponent no.2 Mr. V.P. Manohar,  Working in Sahara India Ltd. at Madikeri Branch.

3. The complainant has invested by way of deposit in the opponents society by crediting Rs.500/- per month from 12/10/2017 and total amount deposited by the complainant till 28/12/2017 a sum of Rs.8,500/-.  When the complainant has approached the opponents for repayment of the deposited amount, the opponents have made endorsement on the receipt that on 10/02/2018 they would return back the amount along with interest.  The complainant has waited till 10/02/2018 and when the opponents did not return the deposit amount then she wrote a letter on 19/05/2018 to the opponents to pay the deposit amount.  Inspite of the service of letter the opponents neither replied nor paid the amount.  Hence this complaint.

4. The opponent no.2 after the service of notice appeared through his learned counsel and filed written version contending that the Sahara Credit Co-operative Society Limited is registered under the Co-operative Society Act and having its branches at various states.  The opponents have been collecting deposits from customers as per the bye-law and the decision of 12 directors who are dealing with the Co-operative Banking business.  The opponent admitted that the complainant has deposited some amount in their branch at Madikeri and certificates have been issued in her name.

5.  It is the contention of opponent that this Forum is not having jurisdiction since the matter has to be referred to the concerned Co-operative Authority.  It is further contention of opponent that the complainant has undertaken to pay Rs.500/- per month in 60 equated monthly installments.  However she has paid only 17 monthly installments.  The opponent has called the complainant to accept the amount paid by her but she did not heed their request in the month of January, 2018 itself as she has asked the principle amount with interest.

6. The opponent no.1 despite the personal service of notice vide postal endorsement dated 30/06/2018 was remained absent in this proceedings hence, it is set exparte. 

7. The complainant filed her affidavit in lieu of evidence and got marked exhibits P1 to 11 documents.  On behalf of opponent no.2 V.P. Manohar s/o. late V.P. Shiva, Office worker, working in Madikeri Branch filed affidavit evidence.

8.  Heard the arguments advanced by the complainant and learned counsel for the opponent no.2 and the points that would arise for determination are as under;

1. Whether the complainant proves that the act of opponents not returning the deposit amount amounts to deficiency in service?

2. What order?

9. Our findings on the above points is as under;

• Point No.1:- In the Affirmative
• Point No.2:- As per final order for the below

R E A S O N S

10. The learned counsel for the opponent no.2 Sri. B.B. Ananda vehemently argued that though the complainant has deposited Rs.8,500/- in a period of five years but demanding Rs.15,000/-.  The complainant is not entitled for damages for mental agony etc. since she has became a defaulter in payment of monthly deposit.  The opponent No.2 has not disputed the deposit of Rs.8,500/- by the complainant during the period of five years which commenced from 12/10/2012.  Exhibit P1 is membership certificate issued by opponents.  Exhibits P2 to P9 are the receipts issued by opponent no.2 for depositing amount  by the complainant on various dates and total of these receipts comes to Rs.8,500/-.  On exhibit P9 the opponent no.2 has made endorsement on 28/12/2017 that they would pay Rs.8,000/- to the complainant on 10/02/2018 along with interest.  The receipts produced by the complainant along with membership certificate and endorsement made on exhibit P9 establishes that the complainant has deposited Rs.8,500/-  during the period of five years and the opponent no.2 has undertook to repay the said amount with interest on or before 10/02/2018.  In addition to the documentary evidence the opponent no.2 in the written statement and affidavit evidence admitted the amount deposited by complainant on various dates commencing from 12/10/2012.

11. The opponent no.2 though undertook vide endorsement on exhibit P9 on 28/12/2017 has failed to repay the deposit amount with interest on or before 10/02/2018.  Therefore, the complainant has sent letter dated 19/05/2018 calling upon the opponent no.2 to pay the deposit amount along with interest.  Exhibit P 11 letter has been served on the opponent no.2 vide exhibit P10 registered post acknowledgement due.  Inspite of the service of letter the opponent failed to return the deposit amount along with interest. 

12. There is no force in the contention of learned counsel for the opponent no.2 that the complainant has demanded Rs.15,000/- instead of Rs.8,500/- paid by her.  The complainant in the complaint and affidavit has asked for Rs.8,500/- with interest.  Therefore, the opponents shall liable to return the deposit amount of Rs.8,500/- to the complainant with interest at the rate of 12% per annum from 12/10/2012 till its payment.  The complainant is not entitled for compensation or damages since she has not paid monthly  installments regularly for a period of 60 months.  However the complainant is entitled for cost of this proceedings a sum of Rs.5,000/- since the opponents have failed to return the deposit amount with interest though they undertook to repay the said amount vide exhibit P9 endorsement dated 28/12/2017.  The opponents have not produced any materials to show that they came forward to pay the deposit amount to the complainant in the month of January, 2018.

13. The contention of opponent no.2 is that the Consumer Forum is not having jurisdiction to entertain the complaint since the complainant would have approached the authorities under the Co-operative Societies Act.  Admittedly the opponents have been doing banking business as such the transaction of the complainant falls under the definition of consumer.  That apart Section 3 of the Consumer Protection Act says that the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.  It means the provision contained in this section is unique because the remedy available under the other laws in existence have neither been repealed nor superseded but the remedies have been provides under the Consumer Protection Act in addition to any other remedies available in any other law for the time being in force.  Though this provision is somewhat unique in its nature, yet the language of Section 3  is  plain and categoric in highlighting that whatever rights and remedies are provided by the act, they are expressly in addition to the existing ones.  The rights and remedies are not to be blocked or hamstrung, either by the statutory arbitration provisions of the earlier law nor by any contractual arbitration agreement of the parties.  In view of Section 3 of the Act this Forum is having jurisdiction to entertain and dispose of the complaint. In view of the above discussion, we proceed to pass the following;

O R D E R

1. The complaint filed by Mrs. B.V. Srimathi Bangera is partly allowed directing the opponent no.1 and 2 shall jointly and severally liable to pay a sum of Rs.8,500/- to the complainant with interest at the rate of 12% per annum from 12/10/2012 till the date of realization.
2. In addition to that the opponent shall liable to pay a sum of Rs.5,000/- as cost of this proceedings to the complainant and the said amount shall be paid within two months from the date of order otherwise it carries interest at the rate of 12% per annum till payment.

3. Furnish copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 02^ndday of February, 2019)

                                                   (C.V. MARGOOR)

                                                        PRESIDENT 

                                                  (M.C. DEVAKUMAR)

                                                           MEMBER