Complaint filed on: 20-04-2022

                                                      Disposed on: 31-10-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 31^st DAY OF OCTOBER, 2022

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.82/2022 

K.N.Gangadhara Guptha S/o K.N.Narasimhaiah Setty,

A/a 55 years, R/at Kadamalakunte Village,

Kodamadagu (P), Pavagada Taluk,

Tumakuru District.

(By Sri. M.S.Harish Babu, Advocate)

V/s

1.       Star Multi Purpose Co-Operative

          Society Limited, Reptd. by Zonal

          Manager, Opposite to Secretariat, Saifabad,

          Hyderabad,500 004, Telangana.

2.       Star Multi Purpose Co-Operative

          Society Limited, Reptd. by Regional Manager,

          Opposite to Srinivasa Kalyana Mantap,

          5^th Main, 4^th Cross, Chamaraj Pet,

          Bangalore – 560 018.

3.       Star Multi Purpose Co-Operative

          Society Limited, Reptd. by Manager,

          Upstaris, Opposite Floor to SS Puram

          Post Office,  Someshwarapuram Main Road,

          [Beside Karnataka Bank Limited, Tumakuru-03.

 ( Served absent)

O R D E R:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Parties 1 to 3 under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to refund Rs.2,65,306/- with interest at 12% p.a. from January 2016 and 31.01.2022 till realization of the entire amount and further prays to direct the OPs to pay compensation of Rs.1,00,000-00 towards illegal trade practice and mis-representation to publics and Rs.2,00,000/- for causing mental agony and pain and such other reliefs as this Commission deems fit to grant.

2.       It is the case of complainant that, he had deposited the amount with the OPs as follows:

Further, the complainant submitted that after maturity of the said amount, the complainant approached the OPs and requested to pay the maturity amount, but the OPs dodged the same in one or the other pretexts. Hence, the complainant without any alternative, filed this complaint. 

3.       In spite of service of notice, the OPs have remained absent. 

4.       The complainant counsel filed affidavit in lieu of evidence.

 5.      We have heard the arguments of counsel for complainant.  In spite of sufficient opportunities, the OPs did not turn up to address their arguments.  Hence, posted the matter for orders.

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

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

2. Is complainant entitled to the relief sought for?

7.        Our findings aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: As per the final order

:REASONS:

8.       Point Nos.1 and 2: The learned counsel for the complainant submitted that, the OPs have failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.

9.       To prove the case, the complainant has produced the copies of certificates.  The complainant submitted that the OPs have to pay the maturity amount of Rs.1,79,261-00.  No doubt there is a deficiency of service on the part of OPs as because in spite of request to pay the maturity amount, the OPs did not pay the maturity amount.  Moreover, the OPs remained absent and failed to show that they have not liable to pay the maturity amount of Rs.1,79,261/- with interest.  An opportunity was granted to the OPs to prove their case, but the OPs did not appear before this Commission to defend their case and also not produced any documents to disprove the allegation made by the complainant against them by appearing before this Commission.

10.     The complainant claimed interest @ 12% PA on the maturity amount till payment.  But the interest claimed by the complainant is on higher side and now the banks are paying the interest on F.D. at 8-10%, as such the complainant is entitled for interest @ 9% p.a. on the maturity amount from the date of maturity till payment.

11. Due to the deficiency in service and unfair trade practice of the OPs, the complainant compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.10,000-00 towards mental agony suffered by the complainant and Rs.10,000-00 towards litigation of the cost. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by complainant is allowed in part. 

The OPs 1 to 3 are jointly and severally directed to pay Rs.1,79,261/- to the complainant with interest @ 9% p.a. from the date of maturity of each certificate till realization.

Further, the OPs 1 to 3 are jointly and severally directed to pay Rs.10,000/- each to the complainant towards cost & compensation.

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

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