Complaint filed on: 10.08.2017
Complaint Disposed on:31.08.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.63/2017
DATED THIS THE 31st DAY OF AUGUST 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
K.R.Shivarya S/o K.N.Rangegowda,
Aged about 68 years, Retire FDA,
Kaduruhalli Village and Post,
Kasaba Hobli, Kadur Taluk,
Chikmagalur-577548.
(In-person)
V/s
OPPONENT/S:
Tahasildar,
Mudigere Taluk,
Mudigere,
Chikmagalur District.
By Hon’ble President Sri. Ravishankar,
:ORDERS ON ADMISSION:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in not paying the security deposit of Rs.300/- along with interest from 03.04.1972 to 01.02.2014 and further interest from 02.08.2014 to 01.08.2017 along with compensation of Rs.10,000/- for deficiency in service and other expenses in the interest of justice and equity.
2. The brief facts of the complaint is that:
The complainant is a retired Village Accountant, he was appointed as a village accountant as per the order of the District Commissioner, Chikmagalur District vide No.EST(11) HOA 168:71-72, dated 15.03.1972. As per the said order the complainant appointed as a village accountant at Palguna circle, Mudigere taluk and complainant reported to the job on 03.04.1972 as a village accountant. There afterwards he rendered service at Palguna circle, Mudigere taluk. During the appointment as a village accountant the District Commissioner of Chikmagalur and Tahasildar of Mudigere Taluk have instructed the complainant to deposit security amount of Rs.300/-, accordingly, the complainant had paid Rs.300/- to Tahasildar of Mudigere taluk and in turn the said Tahasildar has issued a receipt no.3262 dated 03.04.1972. The said amount was received by Op and instructed that they are going to keep the said amount at Post Office as NSC Certificate and obtained certain signatures. But so far the Op had not given any information with respect to the security deposit amount of Rs.300/-.
Subsequently, the complainant transferred to B.Kodihalli circle, Kadur taluk from Palguna circle, Mudigere taluk on 07.08.1975, at the time of transfer the complainant was not remembered the amount deposited as a security deposit. Thereafter, at the time of reporting at B.Kodihalli circle, the Tahasildar have instructed the complainant to deposit another Rs.300/- as security deposit, for which complainant informed the Tahasildar that he had already deposited the security amount at Mudigere taluk and copy of the receipt was handed over to the said Tahasildar. After that, the complainant has not received any information till 05.12.1981, for which complainant immediately wrote a letter to Tahasildar, Kadur taluk and Tahasildar, Tarikere taluk with respect to the maturity of the said NSC certificate, but the said Tahasildar have not informed anything about the said NSC certificate. Subsequently, in this regard complainant wrote a letter dated 15.03.1985 to District Commissioner, Chikmagalur and requested to give information about the security deposit amount of Rs.300/-, for which the said District Commissioner have informed the Mudigere taluk Tahasildar to enquire about the security deposit made by complainant, but the said Mudigere Tahasildar had not given any information even inspite of direction given by District Commissioner of Chikmagalur.
Again on 10.04.1990 and 05.12.1991 complainant wrote a letter to District Commissioner, Chikmagalur through Tahasildar, Tarikere taluk with respect to the security deposit made by complainant and the same amount which was deposited as NSC. But so far no information received from the said Tahasildar, Mudigere Taluk.
Subsequently, on 31.07.2007 complainant retired from the post of Village Accountant as per the order No.EST (2) CR 107:06-07 dated 22.11.2006, but even after the retirement of the complainant the Op had not paid the maturity amount of the NSC Certificate. The complainant except the receipt issued by Op has no other documents to show that he has made security deposit of Rs.300/- to Op.
The NSC Certificate definitely had earned interest every year and accordingly as on to 28.08.2014 the security deposit made by complainant was earned interest up to Rs.76,800/- and the said amount is payable by Op. The complainant has made several efforts and requests for payment of the said amount from Op, even inspite of several requests Op had not informed anything about the security deposit made by complainant. Finally complainant issued a legal notice dated 26.12.2014 to Op and called upon him to pay the said amount of Rs.76,800/-, but even inspite of receipt of the legal notice also Op had not informed anything about the security deposit of the complainant.
Hence, the complainant filed this complaint and alleges deficiency in service and prays for payment of the said amount along with interest and compensation for deficiency in service.
3. Heard the arguments from complainant side.
4. On perusal of the pleadings and documents produced by complainant we noticed that, as per the receipt dated 03.04.1972 complainant has paid an amount of Rs.300/- as security towards his job. The said receipt issued by Tahasildar, Mudigere taluk. After that the complainant had made several correspondence with Tahasildar, Mudigere taluk and Tahasildar, Kadur taluk. Even complainant also made correspondence with District Commissioner, Chikmagalur with respect to the security deposit, but complainant had not received any information with respect to his security deposit. Hence, he alleges deficiency in service on the part of Op and complainant prays for payment of Rs.76,800/- from Op as because the said amount was taken by Op which was deposited at Post Office and obtained NSC Certificate to the said amount and alleges that the said NSC Certificate if matured for every five year it would comes around Rs.76,800/-. Hence, claims for the said amount from Op. We noticed here the complainant filed this complaint after gap of nearly 45 years of deposit of the said amount. The complainant in his complaint has stated that he forgotten the security deposit at the time of transfer from Palguna circle, Mudigere taluk to B.Kodihalli circle, Kadur taluk. Even the complainant has not made any efforts to file case or complaint against Op after lapse of maturity period of 5 years or not shown any reason for not filing the said complaint immediately after maturity of the NSC Certificate. Even we noticed the complainant has not sure about the said amount was converted into NSC Certificate from Op. Under these circumstances the complaint is badly not maintainable. The complainant has claimed a huge amount of Rs.76,800/- after lapse of 45 years out of Rs.300/- security deposit. He has not very much sure about the security deposit is going to earn interest. Hence, the complaint is barred by time and is not maintainable as there is no any cause of action arose within the time limit under Consumer Protection Act. Hence, the complaint is dismissed as not maintainable.
Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 31st day of August 2017).
(B.U.GEETHA) (H. MANJULA) (RAVISHANKAR)
Member Member President
