Complaint filed on: 29-10-2022

                                                      Disposed on: 21-02-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 21^st DAY OF FEBRUARY, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER

Consumer Complaint No.165/2022 

Sri. Siddaramaiah S.R.

S/o Ramalingaiah, Anannya Nilaya,

5^th Cross, 2^nd Main Road,

Nrupathunga Extension, Behind HMS

Ladies Hostel, Tumakuru-572106

(By Sri. Bhagyamma .C.R., Advocate)

V/s

Sri. Shatrugna Kumar

The Regional Manager,

Sahara India Ltd., Beta Chambers,

4^th Cross, 5^th Main, Chamarajpet,

Bangalore.

(Served-Absent)

:O R D E R:

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Party with a prayer to direct the OP to pay the amount of Rs.76,500/- along with cost and compensation.

2.         It is the case of complainant that the complainant is a member at Stars Multipurpose Co-Operative Society Ltd., and the OP is the authorized signatory and Regional Manager, worker EMP Code:1572 and the complainant had deposited an amount of Rs.21,750/- on 28.02.2018 under Receipt No.527000368609 and maturity date was 28.02.2021 and further deposited an amount of Rs.12,250/- on 26.12.2021 under Receipt No.527001107741 and Maturity date is 28.02.2024.  It is the further case of the complainant that after the maturity date, the complainant requested to pay the maturity, but the OP did not pay the maturity amount.  Hence, the complainant issued legal notice on 04.09.2022, but even the OP did not settle the claim of the complainant.  Hence, the complaint.

3.         In spite of service of notice, the OP remained absent.  The complainant has filed his affidavit evidence and marked the documents as Ex.C1 to C7.

4.         On hearing the arguments of learned counsel for complainant and perusal of the documents produced by the complainant, the points that would arise for determination are as under;

1. Whether the complainant proves the deficiency of service on the part of OP?

2. Is complainant entitled to the relief sought for?

5.          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:

6.         The learned counsel for the complainant submitted that, the OP has failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.

7.         To prove the case, the complainant has produced Ex.C1 to C7. Ex.C1 is the legal notice, Ex.C2 & C3 are the postal receipt and acknowledgment, Ex.C4 to C7 are certificates issued by the OP.

8.         It is seen from the records that the complainant has deposited an amount of Rs.21,750/- on 28.02.2018 under Receipt No.527000368609 and maturity date was 28.02.2021 and further deposited an amount of Rs.12,250/- on 26.12.2021 under Receipt No.527001107741 and Maturity date is 28.02.2024. 

9.         The counsel for complainant submits at the time of arguments that though the complainant requested the OP several times to pay maturity amount, but the OP did not pay the maturity amount and therefore issued legal notice, even after issuing legal notice also, the OP did not pay the maturity amount.  Hence, there is a deficiency of service on the part of OP. 

10.       The OP has not produced any documents to disprove the allegation made by the complainant against them by appearing before this Commission.  This goes to show that there is a deficiency of service on the part of OP.  Hence, it is just and proper to direct the OP to pay Rs.21,750/- and Rs.12,250/- with interest (as agreed by the OP) as per the certificate till the date of maturity and interest @ 9% PA from the date of maturity i.e., 28.02.2021 & 23.03.2021 to till its realization. 

11. Due to the deficiency in service and unfair trade practice of the OP, the complainant compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.5,000-00 towards mental agony suffered by the complainant and Rs.5,000-00 towards litigation expenses. In the result, we proceed to pass the following;

:O R D E R:

The complaint filed by complainant is allowed in part. 

The OP is directed to pay to the complainant a sum of Rs.21,750/- and Rs.12,250/- with interest(as agreed by the OP) as per certificate to till the date of maturity and interest @ 9% PA from the date of maturity i.e., 28.02.2021 & 23.03.2021 respectively to its realization. 

Further, the OP is directed to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation expenses to the complainant.

It is ordered that the above order shall be complied by the OP within 45 days from the date of receipt/knowledge of the order.

Supply free copy of this order to both parties.