Complaint filed on: 16-09-2022
Disposed on: 11-05-2023
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 11th DAY OF MAY 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LL.B.(Spl)., LADY MEMBER
Consumer Complaint No.136/2022
Sri. D.Prabhakara S/o Late G.Devappa
A/a 46 years, “Prabhu Nilaya”
Raghavendra Nagara, 4th Cross,
Shettihalli Gate, Tumakuru.
(By Sri.C.N.Hanumantharaju, Advocate)
V/s
1. Sri.Vinayaka Souharda Pattina Sahakari Niyamitha
Represented by its President, Basavaraju,
A/a 45 years, Behind Dwaraka Hotel,
M.G.Road, Lakshmiram Building, Tumkur.
2. Smt. K.A. Sowmya W/o Raghavendra,
Ex-Secretary, A/a 38 years
Sri.Vinayaka Souharda Pattina Sahakari Niayamitha,
R/at Near Sacred Heart College, Upparahalli Main
Road, Tumakuru.
3. Sri. B.N.Puttanarasareddy S/o Late B.N.Narayanareddy,
A/a 56 years, Ex-President,
Present Director, Sri.Vinayaka Souharda
Pattina Sahakari Niayamitha,R/at Sirinilaya,
Hanumanthapura Village, SSMC Post,
Bellavi Hobli, Tumakuru Taluk,
Tumakuru District.
4. Sri. K.L.Rammohan S/o late K.Lakshmiram, A/a 60 years,
Ex-Vice President, Sri.Vinayaka Souharda Pattina
Sahakari Niayamitha, R/at 1st Floor, 5th Cross, Idga Mohalla,
Tumakuru.
5. Sri. A . Srinivasa S/o Adavappa,
Aged about 51 years, Ex-Director,
Sri.Vinayaka Souhardha Pattina Sahakara Niyamitha,
R/at Madde Village, Nidagal Hobli, Pavagada
Taluk, Tumakuru District.
6. Sri. V.B.Sheshidara, A/a 51 years,
Ex-Director, Prop.Chandradara Hardwares,
Mandipete, J.C.Road, Tumakuru.
7. Sri. G.R.Parashwanatha, Director,
Aged about 52 years,
Sri.Vinayaka Souhardha Pattina SahakaraNiyamitha,
Office at Swasthik Bus Travels, Civil Bus Stand,
Tumakuru.
8. Smt. Radha T.R. W/o B.N.Puttanarasareddy,
A/a 51 years, Ex-Direcor,
Sri.Vinayaka Souhardha Pattina Sahakara Niyamitha
R/at Siri Nilaya, Hanumanthapura Village,
SSMC Post, Bellavi Hobli, Tumakuru Taluk & Dist.
9. Smt.Jyothi Mohan W/o K.L. Rammohan,
A/a 55 years, Ex-Director,
Sri.Vinayaka Souhardha Pattina Sahakara Niyamitha
R/at 1st Floor, 5th Cross, Idga Mohalla, Tumakuru Town.
10. Sri. Dr.Ramakrishna, Director A/a 52 years,
Sri.Vinayaka Souhardha Pattina Sahakara Niyamitha,
Working as a Professor, Sridevi Engineering College,
Sira Road, Tumakuru City.
11. Sri. Ravindrareddy, Director, A/a 48 years,
Sri.Vinayaka Souhardha Pattina Sahakara Niyamitha
Behind Dwaraka Hotel, M.G.Road, Lakshmiram
Building, Tumakuru.
(OP No.1, 3, 4, 9 & 11 Unclaimed – Notice held sufficient)
(OP No.5- Sri.Keshavamurty Adv.,)
(OP Nos. 2 & 10 – By Sri. Rajashekarachar, Adv.,)
(OP Nos. 6 & 7 – By Sri. R.Thippeswamy, Adv.,)
(OP No.8 Notice held sufficient. Absent)
:O R D E R:
SMT.NIVEDITA RAVISH – LADY MEMBER
This complaint was filed by the complainant against the Opposite Parties under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to pay FD bond amount of Rs.4,00,000/- with accrued interest at the rate of 8% PA as per the terms and FDR from the date of FD bond to till realization and also prays to direct the OPs to pay Rs.1,64,562/- along with interest which was deposited in SB Account maintained at OPs Society vide SB Account No.849 along with Rs.2,00,000/- towards damages for deficiency in service, mental agony/harassment and litigation cost and such other reliefs as this Commission deems fit to grant.
2. It is the case of complainant that, on the assurance made by the OPs, the complainant has deposited an amount of Rs.2,00,000/- on 13.09.2019 vide FD receipt No.400 and again deposited Rs.2,00,000/- on 16.09.2019 vide FD receipt No.410 and the maturity of the said bonds are respectively 13.11.2019 and 16.112019 and thereafter the representatives of OPs issued the FD bonds and further it is renewed for further period of one year. The complainant also kept some amount i.e. Rs.1,64,562/- in his SB account maintained at OPs vide No.849. It is the further case of the complainant that due to his urgent financial needs, the complainant approached the OPs and requested to release maturity amount of Rs.4,00,000/- and also to pay the amount of Rs.1,64,562/- which was in the S.B. Account of the complainant, but the OPs instead of paying the amount replied evasively. In spite of repeated requests and demands, the OPs failed to pay the FD amount and S.B. account with interest. Hence, this complaint.
3. In spite of service of notice, OP Nos. 1,3,4,9 and 11 were remained and OP No.8 remained absent in spite of service of notice through paper publication in Hosa Digantha News Paper. Though received notice from this Commission, the OP Nos. 2, 5, 6, 7 and 10 were appeared through their counsels and OP Nos. 2, 10, 6 & 7 filed their version.
4. The OP Nos.2, 10, 6 & 7 in their version contended that they have no knowledge about the F.D. kept by the complainant and also no knowledge about the amount kept in saving account. The OP No.2 further contended that she has given resignation to her post and the Executive Committee of the Society has accepted her resignation and hence now she is not a Secretary of the Society. The OP Nos.6, 7 & 10 contended that they are Directors of the Society till 2018 only. The complainant has impleaded them as a party though they are not a necessary party to the proceedings. The complainant has not made other Directors of the Society as party to the proceedings. The complainant has not told about the FD and saving bank amount when they are Directors and Secretary. In the Society, the Directors of the Society have no power to sign on the cheques and the President and Secretary has only power to sign the cheques. As per law, the President and Secretary of the Society are the representatives of the Society. On these among other grounds, it is prayed to dismiss the complaint against them.
5. The complainant has filed his affidavit evidence and produced four documents which are marked as Ex.P1 to P4. The OP No. 6 & 7 have filed their affidavit evidence.
6. We have heard the arguments of counsel for complainant and counsel for OP Nos. 5, 6 and 7. On perusal of the complaint, version, affidavit evidence and documents, the points that would arise for our consideration are as under:
- Whether the complainant proves the deficiency of service on the part of OPs?
- Is complainant entitled to the relief sought for?
- Our findings aforesaid points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order
:REASONS:
Point Nos.1 and 2:
8. Counsel for the complainant has argued that, as per request of OP No.3 the complainant has deposited an amount of Rs.2,00,000/-(two lakhs) on 13.09.2019 vide DD Receipt No.400 and another amount of Rs.2,00,000/- (two lakhs) on 16.09.2019 vide FD Receipt No.410 in the OP’s Society and as per the bonds, the maturity dated was 13.11.2019 and 16.11.2019 respectively. Further, it is renewed for further period of one year. To establish the same, the complainant has produced the Ex.P1 and Ex.P2/ copy of the FD bonds which were signed by the President, Vice President and Secretary of the Society. The Ex.P1 and P2 are reflecting the date of issue of the bonds, due date, period of the FD bond, interest rate on FD amount are establishes the argument of the complainant and renewal dates of the FD bonds. The Ex.P1 and P2 are establishes that, the two FD bonds are renewed up to 16.11.2020.
9. Further, the counsel for the complainant has argued that, the complainant has kept a sum of Rs.1,64,562/- in his SB account in the OP’s Society and the complainant produced the Ex.P3/ copy of the passbook issued by the OP’s Society to the complainant. The Ex.P3 reveals, the balance amount as Rs.1,64,562/- in the SB account vide number 849 of the complainant in the OP’s Society. Further the counsel for the complainant has argued that, the complainant has approached the OPs to get the FD bonds maturity amount and amount in the SB account of the complainant to release in favour of the complainant on 23.10.2020. But OPs have given the evasive answer and not release the matured the FD bond amounts and amount in the SB account of the complainant towards the complainant. The complainant has produced the Ex.P4/copy of the request letter to the president of the OP’s society dated 23.10.2020. The Ex.P4 also acknowledged with seal of the OP’s society which is clearly reveals that, the complainant has approached to OP’s Society for release his matured FD amount and amount in the SB account of the complainant.
10. Counsel for OP Nos. 6 and 7 has argued that, the OP No.6 and 7 were Directors of the OP’s Society till 2018 only. But the OP No.6 and 7 are not produced any document to show that, they were Directors of the OP’s society till 2018 only. Further, counsel for the OP No.6 and 7 has argued that, the complainant has not told about the FD and saving bank amount when they are Director in the Society and the Directors of the Society have no power to sign on the cheques. OP No.10 has also taken the same contention in his version. The complainant has also not denied this argument of the OP Nos.6 and 7 and the contention of OP No.10. The complainant has also failed to provide any document to show that, the complainant has approached the OP No.6, 7 and 10 and requested them to return/pay his matured FD amounts and amount in SB account. Further, complainant has not made any specific allegation on the OP Nos.5, 6, 7, 9, 10 and 11. Hence, the complainant against the OP No.5, 6, 7, 9, 10 and 11 is liable to be dismissed.
11. OP No.2 has submitted that, she has not working as a secretary in the OP’s Society and she has given the resignation to the Secretary post of the OP’s Society. But the counsel for the complainant has argued specifically that, the OP No.2, 3, 4 and 8 were misused the amount of the OP Society like FD savings and loans. The OP No.6 and 7 were also admitted that the misappropriation of the amount was held in the OP’s Society. On perusal of the Ex.P1 and Ex.P2/copies of FD bonds, there is signs of OP No.2, 3 and 4 on the FD bonds of the complainant issued by the OP’s society. Hence, OP No.2, 3, 4 and 8 are liable to pay/ return the matured amount of FD bonds and amount in the SB account of the complainant. Being present President of OP’s Society, the OP No.1 has also liable to pay the hard earned money of the complainant. Though the complainant has issued the Ex.P4/copy of requisition letter, the OP’s Society has not pay/returned the matured FD amount and amount in SB account which was hard earned money of the complainant, which amount of deficiency in service on the part of OP Nos.1 to 4 and OP No.8. Hence OP Nos.1 to 4 and OP No. 8 are liable to pay the total FD matured amount of Rs.2,00,000/- vide FD Receipt number 400 with interest @ 8% from 13.09.2019 i.e., date of deposit of the FD and another FD amount of Rs.2,00,000/- vide FD Receipt number 410 with interest @ 8% p.a from 16.09.2019 i.e., date of deposit of FD till the realization. Further OP No.1 to 4 and OP No.8 are liable to pay the total amount of Rs.1,64,562/- , which is in the S.B. Account No.849 of the complainant in the OP’s Society with interest @ 8% p.a from 23.10.2020. i.e., date of the request letter given by the complainant to the OP’s Society till the date of payment.
12. Further, the complainant has prays for Rs.2,00,000/- for compensation for mental agony and for litigation cost in the same time the complainant has not provided any document to show that, he has entitle for the compensation and litigation cost of Rs.2,00,000/-. But the OP’s Society has compelled the complainant to approach this Commission. Hence, OP No.1 to 4 and OP No.8 are liable to pay Rs.10,000-00 as compensation and Rs.10,000-00 as litigation cost to the complainant. Accordingly we pass the following
:ORDER:
The complaint filed by the complainant is allowed in part with cost against OP Nos. 1 to 4 and 8.
The complaint filed by the complainant is dismissed against OP Nos. 5, 6, 7, 9, 10 & 11.
The OP Nos.1 to 4 and OP No.8 shall jointly and severally directed to pay Rs.2,00,000/- with interest @ 8% p.a from 13.09.2019 and Rs.2,00,000/- with interest @ 8% p.a from 16.09.2019 till the date of payment.
It is further Ordered that, the OP Nos.1 to 4 and OP No.8 shall jointly and severally liable to pay Rs.1,64,562 with interest @ 8% p.a from the date of 23.10.2020 till the date of payment.
It is further ordered that the OP Nos.1 to 4 and OP No.8 shall jointly and severally liable to pay Rs.10,000-00 as compensation and Rs.10,000-00 as litigation cost to the complainant.
It is further order that the OP Nos.1 to 4 and OP No.8 shall comply the above order within the 45 days from receipt/knowledge of the above order.
Furnish copy of this order to both parties at free of cost.
