Karnataka

Kolar

CC/24/2022

Smt.Nagaveni - Complainant(s)

Versus

Sri.Ashwath Narayana - Opp.Party(s)

31 Mar 2023

ORDER

Date of Filing: 09/05/2022

Date of Order: 31/03/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

 

Dated: 31^thDAY OF MARCH 2023

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:24/2022

Smt. Nagaveni

W/o Muniyappan

Aged about 56 years,

R/o No. 1175,

Kalaivanillam,

Vivek Nagar,

Robertsonpet,

K.G.F - 563122

(Rep. by Sri.T.R. Jayaram, Advocate)               ….  Complainant.

 

- V/s –

1)  Sri Ashwath Narayan President.

Consumer Welfare Trust C.W.T.

Complex, BEML Nagar Post,

K.G.F. -563 115.

 

2)   Sri. Seetharaman.

General Secretary,

Consumer Welfare Trust C.W.T.

Complex, BEML Nagar Post,

K.G.F. -563 115.

 

3)   Sri Bhaskar Treasurer,

Consumer Welfare Trust C.W.T.

Complex, BEML Nagar Post,

K.G.F. -563 115.                                      …. Opposite Parties.

 

 

 

 

 

 

-: ORDER:-

 

BY SMT. SAVITHA AIRANI LADY MEMBER

 

1)     This is the complaint filed under section 35 of the C.P. Act 2019 against the Opposite parties and praying for direction to the Ops to pay a sum of Rs.3,31,986/- along with interest at the rate of 18%. P.a. to the complainant, also to pay compensation of Rs.10,000/- and to pay Rs.5,000/- towards the cost of this proceedings .

 

2)  The brief facts of the complaint petition is that, that complainant is the W/o Muniyappan. M.  The Complainant husband retired from his service and he was also appointed as security guard at B.E.M.L in K.G.F and subsequently he was retired from the security guard in the month of March 2006.

 

3)   That the complainant stated that she was deposited Rs.1,00,000/- in the account maintained by the Ops welfare Trust and also Complainant Gold Ornaments worth of Rs. 1,97,000/-in the OPs Consumer Welfare Trust as a saving account and OPs also issued passbook to the Complainant with condition like, that the Complainant can receive monthly interest from the year end, the Ops promised to pay monthly interest from year end, but the Ops did not paid any interest on the deposit made by the complainant or refund the amount in deposit to the complainant. It stated that the complainant deposited the said amount from 13/10/2018 to 01/04/2022 and hence claiming both the principal amount in deposit along with interest at the rate of 10% p.a.

4)  Further stated that, when the Ops failed to refund the deposited amount with interest and thereon complainant was lodged the police complaint against the Ops. It is stated that, that the Ops undertaken before the jurisdictional police, that they will settle the  dues of the complainant within the period of 2 months, but failed to refund the amount in deposit with interest. Thereafter complainant got issued the legal notice to the Ops, whereas the Ops failed to refund the amount with interest and hence this Complaint.

 

5)     On issuance of notice to the Op No. 1 to 3 and despite service of notice Op No. 2 remained absent and Op No. 3 refused to receive the notice and consequently both Op No. 2 and 3 placed exparte. However notice on Op No 1 not served due to addressee not in station as per postal shara and hence complainant was taken the substitute service by way paper Publication. On perusal of the order sheet along with copy of paper publication, though sufficient time was given for appearance of the Op No.1 through paper publication, but the Op No.1 remained absent, consequently Op No.1 also placed exparte.

6)   In order to prove the case of the complainant and the Complainant have filed her affidavit evidence along with supporting documents.

7)     Perused the pleadings of the complainant and the available evidence on record.

8)     On the basis of the available pleadings of the complaint and the evidence placed on record, the following points will do arise for our consideration:-

 

(1) Whether complainant has proved that OPs are deficient in their service?

(2) Whether the complainant is entitled for the relief as sought in the complaint?

(3)  What Order?

 

        Heard the arguments.

 

9)     Our findings on the above points are:-

             POINT No. (1) & (2):-   Are in the affirmative.

             POINT No. (3):-           As per the final order

                                                for the following :-

 

                   REASONS

 

POINT NO.(1) & (2):- These two points are interlinked to each other and hence taken up together for common discussion, for the sake of convenience and to avoid repetition of discussion of facts. 

 

(9)   On perusal of the affidavit evidence placed on record, it discloses that, the complainant deposed in his affidavit evidence all the facts stated in his complaint. Further the complainant in order to substantiate his case that the complainant filed the copy of the report of the jurisdictional police complaint along with the extract of Pass book and on perusal of these documents, it is evident that, the complainant had deposited his hard earned money with the Ops with a promise to get monthly interest at the rate of 10% P.a. Further on perusal of the copy of the police report dated 27/01/2022 and the statement given by the OP No. 2 and all these documents clearly reveals that the complainant though he has deposited his hard earned money to an extent of Rs.1,00,000/- but the Ops failed to refund the same along with the agreed interest at the rate of 10% p.a.  Furthermore on perusal of the statement given by the OP No.2 before the jurisdictional police where he himself duly admitted the transaction of the complainant and thereon agreed to settle the dispute within Two months.  On perusal of the legal Notice dated 07/02/2022 to 08/03/2022 got issued by the complainant it is evident that due to nonpayment of the deposited amount with interest to the complainant by the OP No.2 as agreed before the jurisdictional police.  Further all these evidence placed on record made us to draw inference that the act of the Ops are deplorable one and deficient in their service.  Hence in our opinion Complainant is entitled for the refund of the amount to extent of Rs.1,00,000/- along with the gold ornaments (39.400 @ 5,000/- per gram) worth of Rs.1,97,000/- along with  interest at the rate of 10% P.a from the date of deposit till realization of the amount.  Furthermore on account of the deplorable act of the Ops and the same is made the complainant to wonder from pillar to post and thereby automatically suffered mental agony for which complaint is entitled for Rs.10,000 as compensation and also entitled for cost of proceedings to an extent of Rs.5,000/- accordingly we answered the Point No. 1 & 2 are in the Affirmative.

 

Point No. (3):- On the basis of reasons assigned while discussing point No. 1 & 2 and the orders thereon, we proceed to pass the following.

 

ORDER

1. The complaint is allowed with cost.
2. That the Op No.1 to 3 are jointly and severally liable to pay a sum of Rs.1,00,000/-(One Lakh only), and gold ornaments 39.400 @5,000/- per gram at the worth of Rs.1,97,000/- along with interest at the rate of 10 % p.a from 13/10/2018 till realization of the amount.
3. Further Op No. 1 to 3 are directed to Pay Rs.10,000/- towards compensation to the complainant
4. And Op No 1 to 3 are directed to pay Rs.5,000/- towards cost of the complaint.
5. Send a copy of this order to both parties free of cost.

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 31^th DAY OF MARCH 2023)

 

 

 

                   LADY MEMBER                  PRESIDENT