Dtd.23.05.2024                                            A/117/2023

O R D E R

        BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by OP/Appellant aggrieved by the order dtd.12.12.2022 passed in CC/131/2022 on the file of 3^rd Addl., District Commission, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.

3. Consumer complaint came to be filed before District Commission seeking refund of Rs.30,650/- along with interest at 12% p.a. for 19 months and sought for compensation for mental agony and litigation cost. The District Commission ordered notice against OP and OP despite service of notice, failed to participate in the proceedings was declared exparte. The District Commission held an enquiry, thereby found the case in favour of the Complainant and directed OP to pay interest on the amount Rs.30,640/- at 9% p.a. from 01.12.2020 till 16.07.2022 and to pay Rs.3,000/- towards mental agony and Rs.5,000/- litigation cost. It is this order being assailed in this appeal contending, District Commission erred in awarding interest from 01.12.2020 to 16.07.2022, and request to release of share amount was made by the Complainant only in the month of January 2022. It is to be noted herein that, OP/Appellant is not an ordinary litigant but a Co-operative Bank Ltd., Yet for the reasons best known, failed to participate in the complaint proceedings. In other words avoided to submit version in reply to the complaint knowing fully well   Rs.30,650/- is withheld from 01.12.2020 to 16.07.2022. In our view whether it is share amount or deposit amount keeping such amount without paying declared dividend or interest as the case may be, amounts to rendering deficiency of service. In such circumstances, we are of the view  that District Commission is right in awarding interest on the withheld amount of Rs.30,640/- at 9% p.a. as against the claim at 12% p.a. and awarded Rs.3,000/- towards mental agony and Rs.5,000/- litigation cost. In other words the impugned order cannot be said either perverse or contrary to the materials placed by the Complainant. Hence proceed to dismiss the appeal with no order as to cost.
4. The amount in deposit is directed to be transferred to the District Commission for needful. 
5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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