Complaint filed on: 25-01-2021

                                                      Disposed on: 01-09-2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

CC.No.13/2021

DATED THIS THE 1^st DAY OF SEPTEMBER, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Narayana

S/o late Ramanna

Aged about 76 years

R/at Srihari, 7^th Main,

3^rd Cross, Near BESCOM office, Jayanagar East,

Tumakuru

(By Sri.R.P.Prakash, Advocate)

V/s

Opposite parties:-

1. Sri Sri Uddaneshwara Sowharda Pathina Sahakara, Opp. to SBI,

1^st floor, Town Police

Station Road, Tumkur

Reptd by its President,

Sri.G.S.Shivakumar

Major in age,

Ex.Zilla Panchayath member, Gulur village, Gulur, Tumakuru Taluk

2. Sri Sri Uddaneshwara Sowharda Pathina Sahakara, Opp. to SBI,

1^st floor, Town Police

Station Road, Tumkur

Reptd by its CEO,

Sri.H.Nagaraj, Major in age,

3^rd Cross, 4^th House, Behind KNR house, Girinagar, Kyathasandra, Tumakuru

(OP No.1&2 by Sri.Bendre Kumar.T, Advocate)

ORDER

SMT.NIVEDITA RAVISH, LADY MEMBER

        This complaint is filed against the Opposite parties No.1 and 2 (hereinafter called as OP Nos.1 and 2) under Section 35 of Consumer Protection Act, 2019 to direct the OPs to pay a sum of Rs.2,81,000-00 which is matured FD amount. The complainant further prayed to award a sum of Rs.50,000-00 towards mental agony and Rs.50,000-00 as damages and other incidental reliefs with interest at rate of 15% per annum.

          2. It is the case of complainant that the complainant has deposited an amount of Rs.2,00,000-00 with the OP society under Uddana Nidhi Deposit which is fixed deposit for three years from 1-12-2017 to 1-12-2020 in receipt No.0331. The date of maturity was on 1-12-2020 for Rs.2,81,000-00. The Complainant has approached and requested the OPs for release of matured amount pertaining to the above investment. But the OPs have not returned the FD amount and also closed the Society in order to defraud the complainant. Hence, this complaint. 

          3. After registering the complaint notice was issued to the OPs. The OPs have appeared through their counsel, despite granting sufficient time, they did not file version and affidavit evidence.

          4. The Complainant filed his affidavit in lieu of evidence and produced the original FD receipt in support of his case.  

          5. We have heard the oral arguments by the complainant counsel. The OPs and their counsel were remained absent at the arguments stage. After hearing the arguments of complainant the points that would arise for determination are as under:

1)      Whether the complainant proves that the act of opposite parties not returning the matured FD money amounts to deficiency in service?

2)      Is complainant entitled to the reliefs sought for?  

6. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative.

Point No.2: In the partly affirmative for the

below

REASONS

          7. Point No.1 and 2: The complainant has submitted that though he has requested the OPs to return the matured FD amount of Rs.2,81,000-00, but the OPs did not care to return the amount with interest. The OP is a society registered under the Karnataka Society Registration Act. The complainant in his affidavit as well as written arguments has reiterated the averments of complaint.

          8. The complainant has produced the copy of original FD receipt No.0331 dated 1-12-2017 for Rs.2,00,000-00. The OP society issued “Uddana Nidhi Deposit Receipt” in the name of complainant and maturity amount is Rs.2,81,000-00. This original FD receipt produced by complainant is marked as Ex-P1. Therefore, even after maturity date the act of OPs not returning the maturity deposit a sum of Rs.2,81,000-00 which amounts to deficiency in service. For the above reasons, we proceed to pass the following:

ORDER

The complaint is partly allowed with costs.

The OP Nos.1 and 2 are directed to pay maturity amount a sum of Rs.2,81,000-00 to the complainant with interest @9% p.a. from the date of maturity i.e. 01-12-2020 till the date of payment.

          It is further ordered that the OP Nos.1 and 2 shall liable to pay the compensation of Rs.10,000-00 and Rs.10,000-00 as litigation cost to the complainant within 45 days from the date of this order, otherwise said amount carries interest @ 9% p.a. from the date of filing complaint till the date of payment.

Furnish the copy of order to the complainant and OPs at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and pronounced in the Open Commission on this the 1^st day of September, 2021).

LADY MEMBER                      MEMBER                 PRESIDENT