<br /> COMPLAINT FILED: 30-10-2009 <br /> DISPOSED ON: 29-12-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 29TH DECEMBER 2009<br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> COMPLAINT No.2551/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Dr.M.K.Siddappa,<br /> Residing at No.599,<br /> 3rd Block, 3rd Stage, <br /> 2nd ‘C’ Cross, B.V.Nagara,<br /> Bangalore – 560 079.<br /> <br /> Party in Person<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTY Sri.Gupta, President,<br /> Universal Credit Co-operative Limited, <br /> No.402.1st floor, SLV Plaza, 80 Feet Road,<br /> Rajajinagar 6th Block,<br /> Bangalore – 560 010.<br /> <br /> Presently Residing At <br /> No.1020/1, 2nd Floor, <br /> 59th Cross, ‘C’ 4th M Block,<br /> Dr.Rajkumar Road,<br /> Rajajinagar,<br /> Bangalore-560 010.<br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986 seeking direction against Opposite Party (herein after called as OP) to refund an amount of Rs.90,000/- with interest and to pay litigation cost on an allegations of deficiency in service on the part of the OP.<br /> <br /> The case of the complainant to be stated in brief is that:-<br /> <br /> 2. OP being a president of Universal Credit Co-operative Ltd., Society registered under Society Registration Act as received an amount of Rs.45,000/- as deposit from the complainant and issued FDR on 31-12-2003. The period of 66 months was fixed and interest agreed was at the rate of 13% and date of maturity was on 31-06-2009. The total amount accrued till 31-06-2009 is Rs.90,000/-. The complainant has submitted his representation to pay that amount but OP has not paid that amount. Hence the complaint for refunding the said amount on an allegation of deficiency in service on the part of the OP.<br /> <br /> 3. Inspite of service of notice OP failed to appear before this Forum without any sufficient cause. Hence placed ex-parte.<br /> <br /> 4. The complainant filed affidavit in support of the complaint averments. <br /> <br /> 5. After perusing the complaint allegation and affidavit evidence and documents produced it becomes clear that the complainant has invested an amount of Rs.45,000/- in the OP society on 31-12-2003 for a period on 66months, the maturity value is Rs.90,000/- the date of maturity is 31-06-2009. Inspite of FDR already matured, OP has failed to pay that amount to the complainant. The complainant has sent registered letter dated 20-10-2009 requesting to repay that amount, OP inspite of receipt of that letter has failed to refund the same the very fact of OP remaining ex-parte and not contesting the proceedings goes a long way to get OP is not denying the complaint allegations and also the relief claimed by the complainant. The conduct of the OP in not refunding the amount in FDR is nothing but deficiency in service on the part of the OP. The complainant is entitled for the relief claimed in the complaint. Accordingly we proceed to pass the following :<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed.<br /> <br /> OP is directed to refund an amount of Rs.90,000/- with interest at 9% p.a. from 01-07-2009 till the date of realization and to pay litigation cost of Rs.1,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 29th day of December 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br />