Date of filing:  01.08.2017

                                                                                          Date of order: 08.08.2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT

PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.,    PRESIDENT

                             THIRU. R. ASGHAR KHAN, B.SC, B.L.                    MEMBER- I

                               SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A.,    MEMBER -II

MONDAY THE  8^TH DAY OF AUGUST  2022

CONSUMER COMPLAINT NO: 13/2017

D. Viswanathan

Retired Government Teacher

No. 53, Vellore Garden,

Brammapuram (Near Railway Gate),

Katpadi Taluk,

Vellore – 632 014.                                                                               …Complainant

-Vs-

1. The Secretary,

Gudiyatham Cooperative Housing Society,

18/28, Appakutti Street,

Nadupet,

Gudiyattam - 632 602

2. The Deputy Registrar,

Cooperative Housing Society,

    Vellore Zone, Kangeyanallur Road,

    First Floor Pallavan Village Bank,

    Gandhi Nagar,

    Vellore – 632 006

3. Registrar of Cooperative Societies (Housing),

    Tamil Nadu Cooperative housing Federation,

    No. 48, Ritherdon Road, Veperi,

    Chennai – 600 007.                                                              …Opposite parties

Counsel for complainant                        : Thiru.V.N.Manohar (party-in-person)

Counsel for first opposite party              : Thiru.K.M.Boopathi

For Second and third opposite parties    : Set exparte (25.09.2017)

                                                  ORDER

THIRU.A.MEENAKSHI SUNDARAM, B.A.B.L., PRESIDENT

          The complaint as been filed under section 12 of Consumer Protection Act 1986. The complainant has prayed for this Hon’ble Commission to direct the opposite parties relevant authorities for settling the amount along with accrued interest as on date with a compensation of Rs.10,00,000/- for causing mental agony.

1. The case of the complaint is briefly as follows:     

          The complainant made a fixed deposit of Rs.5,70,000/- in 1996 and same was matured in the year of 2015.  But when the complainant approached the first opposite party for enchasing the said deposits.  But the opposite party requested to renew the said deposits on the ground, that the financial position of the first opposite party is not sound.  Once the financial position of the co-operative bank improves the fixed deposit may be encashed.  Due to non-payment of matured fixed deposit amount the complainant suffered lot, due to this old age.  Further has he could not give proper medical attention of his wife.  She has also expired in 2008.  Further he could not help to his son for the construction of his house.  Further she was forced to obtain the loan from private loan for day to day life.  The complainant sent several remains pertinent to the above matter.  But the opposite party did not responsible the detail of fixed deposits as follows.

          The non-payment of matured fixed deposit amount in time.  The complainant became stressful and suffered mental agony, he has also a senior citizen.  He has deposits his retirement benefits in the above fixed deposit believing that will useful for the remaining life.  But by the act of the opposite parties he became disappointed.  The opposite parties are liable to return the aforesaid amounts with reasonable interest.  Hence, this complaint.

2. The written version of the first opposite party is as follows:

          The complainant approached the first opposite party after the fixed deposits were matured.  The opposite party also ready fixed deposit amount along with interest as per the numbers of the society.  Due to some finance position of the society the first opposite party could not pay the fixed deposit amount.  We have written a letter to the higher authorities to pay the amounts.  The complainant have alternative remedy to approached the Registrar as Co-operative Society in this regard.  But this opposite party has approached this Hon’ble Commission to does not have jurisdiction to entertain this complaint.   For the foregoing reason this complaint is dismissed.

3.       On receipt of the notice from this Hon’ble Commission.  Second and third opposite parties did not appear before this commission, the Second and third opposite parties were called absent set exparte.

4.       Proof affidavit of complainant filed.  Ex.A1 to Ex.A9 were marked.   Proof affidavit first opposite party filed. Documents not filed. Written argument of complainant filed. Written argument of first opposite party not filed.  Oral arguments of both sides heard.

5. THE POINTS THAT ARISES FOR CONSIDERATION ARE:    

           1.  Whether there is any deficiency in service on the part of the opposite parties?  

2.  Whether the complainant is entitled for relief as claimed in the

     complaint?

3.  To what relief, the complainant is entitled to?

6. Point Nos. 1&2:  The complainant made 9 fixed deposits vide Ex.A1 to Ex.A9 for a total some of Rs.5,70,000/- on 08.02.2013.  The same was matured on 24.08.2015.  When the complainant approached the first opposite party for the encashment of the said fixed deposits.  But the first opposite party informed that since, financial position of the society this is not good.  The fixed deposits could not be encash as on date.  When the financial capacity of fixed deposits become sound the opposite party ready to pay the said fixed deposit along with interest as per the numbers of the society. The grievance of the complainant is that he has deposited his all earning money with the bank under the impression that said savings may useful for his remaining life. But the opposite parties did not Honour their commitment as mentioned in the fixed deposits receipts. On going through the various fixed deposits.  We find that the opposite parties are bound to refund the fixed deposits amount along with accrued interest after maturity.  But in the present case, though the receipt of the fixed deposits was matured in 2015 itself.   But till date the opposite parties did not return the complainant money.  Which is not only against their one rules but it amounts to deficiency in service on their part.  Therefore, we find that there is a deficiency in service on the part of the first opposite party.  Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.

7. Point No.3: As we have, decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the first opposite party.  The first opposite party is hereby directed to refund a sum of Rs.5,70,000/- (Rupees Five Lakhs and Seventy Thousand only) along with interest at 11% p.a. from date of maturity of respective Fixed Deposits ( 9 Nos) to till the date of this order and also to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant.  Hence, this Point No. 3 is also answered accordingly.

8.       In the result this complaint is partly allowed.  The first opposite party is hereby directed to refund a sum of Rs.5,70,000/- (Rupees Five Lakhs and Seventy Thousand only) along with interest at 11% p.a. from date of maturity of respective Fixed Deposits (9 Nos) to till the date of this order and also to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above  amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization. As against the second and third opposite parties this complaint is dismissed.

          Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 8^th August, 2022.

      Sd/-                                           Sd/-                                                    Sd/-

MEMBER – I                                 MEMBER – II                                        PRESIDENT

LIST OF COMPLAINANT SIDE DOCUMENTS:

Ex.A1 - 07.07.2017 -   Notice issued by the complainant to the opposite party 1 with                                             Acknowledgment indicating delivery status

Ex.A2 - 07.07.2017 -   Notice issued by the complainant to the opposite party 2 with                                             Acknowledgment indicating delivery status

Ex.A3 - 07.07.2017 -   Notice issued by the complainant to the opposite party 3 with                                             Acknowledgment indicating delivery status

LIST OF OPPOSITE PATIES SIDE DOCUMENTS:                                    NIL

       Sd/-                                         Sd/-                                                   Sd/-

MEMBER – I                                 MEMBER – II                                        PRESIDENT