DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 01^th August 2015

PRESENT

        SMT. ASHA SHETTY           :  HON’BLE  PRESIDENT        

        SMT.LAVANYA M. RAI        :   HON’BLE MEMBER                                         

       SRI B. NIRMALAKUMAR     :   HON’BLE MEMBER

COMMON ORDER IN

C.C.Nos. 131,149,150,170,171,172,173,174,175,176, 191,192,194,195, & 199/2015

CC.No.131/2015

(Admitted on 13.04.2015)

Sri Kamalakshi. S. Acharya,

Wife of K.S. Acharya,

Aged about 52 years,

Residing at 5/12/10, Shanthi Nagara,

Padil Village and Post,

Mangalore Taluk, D.K. District                                               …… COMPLAINANT

VERSUS

The Liquidator,

The South Kanara Agriculturists  Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

(Advocate for the opposite Party : Sri Udayananda.A.)

CC.No.149/2015

(Admitted on 05.05.2015)

Sri Shashidhara.K,

Son of Raghava Belchanda,

Aged about 51 years,

Residing at Morla House,

Thaudugoli, Post Bantwal taluk D.K. District                                               …… COMPLAINANT

VERSUS

The Liquidator,

The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

(Advocate for the opposite Party : Sri Udayananda.A.)

CC.No.150/2015

(Admitted on 05.05.2015)

P.Vasappa

Son of Sheshappa Gowda,

Aged about 46 years

Residing at Pammanamajalu House,

Kodimbadi Post, Bellipadi village,

Puttur Taluk D.K.                                      …… COMPLAINANT

VERSUS

The Liquidator,

The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

(Advocate for the opposite Party : Sri Udayananda.A.)

CC.No.170/2015

(Admitted on 02.06.2015)

Sri. M.Venkatramana Bhat

Son of Ganapathi Bhat,

Aged about 78 years,

Residing at St. Antonny Colony,

Ashoknagara Post,

Mangalore Taluk D.K. 575006.                …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

2. The Liquidator,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In person)

(Opposite Party No.2:  Ex parte)

CC.No.171/2015

(Admitted on 02.06.2015)

Sri. Gopalkrishna Udupa,

Son of P.Sripathi Udupa,

Aged about 46 years,

Residing a Puchala house,

Paduperar Village and Post

Mangalore Taluka D.K. 574142.              …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

2. The Liquidator,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In person)

(Opposite Party No.2:  Ex parte)

CC.No.172/2015

(Admitted on 02.06.2015)

Sri. Goverdhana Udupa,

Son of Sripathi Udupa,

Aged about 35 years,

Residing a Puchala house,

Paduperar Village and Post

Mangalore Taluka D.K. 574142.              …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

2. The Liquidator,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In person)

(Opposite Party No.2:  Ex parte)

CC.No.173/2015

(Admitted on 02.06.2015)

Smt P. Saraswathi,

Wife of P.Sripathi, udupa,

Aged about 71 years,

Residing a Puchala house,

Paduperar Village and Post

Mangalore Taluka D.K. 574142.              …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director. 

2. The Liquidator,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In person)

(Opposite Party No.2:  Ex parte)

CC.No.174/2015

(Admitted on 02.06.2015)

Smt Bhagyalaxmi,

Wife of Gopalkrishna Udupa,

Aged about 35 years,

Residing a Puchala house,

Paduperar Village and Post

Mangalore Taluka D.K. 574142.              …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director. 

2. The Liquidator,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In person)

(Opposite Party No.2:  Ex parte)

CC.No.175/2015

(Admitted on 02.06.2015)

M. Shridhara Rai

S/o. Sundara Rai

Aged about 65 years,

Residing  at Mudody House

Belandoor Village,

Putur Taluk, D.K.                                      …… COMPLAINANT

VERSUS

1. The Managing Director

The South Kanara Agriculturists Co

Operative Marketing Society Ltd.,

Sahakari Mahal, P.B. No. 159,

Mangalore-01 D.K      

2. The Manager,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

Puttur.D.K.

(Opposite Party No.1&2: In person)

CC.No.176/2015

(Admitted on 02.06.2015)

Sri B. Sheetharama Shetty,

Son of Janardhana Shetty,

Aged about 72 years,

Residing at Manjunatha residency,

Flat No: 101, Bejai Kapikad,

Post, Bejai,

Mangalore D.K. 575004                           …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists  Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.              

2. The Liquidator,

The South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In person)

(Opposite Party No.2:  Ex parte)

CC.No.191/2015

(Admitted on 09.06.2015)

Sri. B. Nagesh

Son of Ananda,

Aged about 49 years,

Residing a Thimma Mestri compound,

Marnamikatte, Attavara,

Mangalore D.K. 575001.                          …… COMPLAINANT

VERSUS

The Assistant Registrar of Co Operative Societies/

Liquidator, of the South Kanara Agriculturists

Co Operative Marketing Society Ltd.,

SKACMS Building.

Puttur Taluk, D.K.

(Opposite Party Ex-parte)

CC.No.192/2015

(Admitted on 16.06.2015)

Mr. Santhosh Kodgi,

Son of M.Shridhara Kodgi,

Aged about 49 years,

Residing at Malady house,

Ullor-74 Ullor Post,

Kundapura Taluka.

Udupi District 576229.                            …… COMPLAINANT

VERSUS

The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Liquidator.

(Advocate for the opposite Party : Sri Udayananda.A.)

CC.No.194/2015

(Admitted on 16.06.2015)

P. Janardhana Gowda

Son of P.Thimmappa Gowda,

Aged about 63 years,

Residing at Pura house,

Markanja Village and Post

Sullia Taluka.D.K.                           …… COMPLAINANT

VERSUS

The South Kanara Agriculturists Co

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Liquidator.

(Advocate for the opposite Party : Sri Udayananda.A.)

CC.No.195/2015

(Admitted on 16.06.2015)

N.Ganapayya

Son of Krishnappa Gowda,

Aged about 57 years,

Residing at Pernoji House,

Thodikana Village and Post

Sullia Taluk. D.K.                            …… COMPLAINANT

VERSUS

The Assistant Registrar of Co operative

Societies Puttur Sub Division/Liquidator of the

South Kanara Agriculturists’ Co

Operative Marketing Society Ltd., No. 3901,

SKACMS building Post Puttur

PUTTUR taluk. D.K.

(Advocate for the opposite Party : Sri Udayananda.A.)

CC.No.199/2015

(Admitted on 29.06.2015)

N. Ramdas Pai,

S/o Late Venkatesh Pai,

Aged about 70 years,

R/at 102, Chandramma Apartment,

Dhoomappa compound,

Pandeshwar,

Mangalore.                                       …… COMPLAINANT

VERSUS

1. The South Kanara Agriculturists’ Co-

Operative Marketing Society Ltd., No. 3901,

APMC Building, P.B. No. 159, Mission Street,

Mangalore D.K. 575001.

Represented by its Managing Director.

2. The Liquidator,

The South Kanara Agriculturists’

Co-Operative Marketing Society Ltd.,

No. 3901, APMC Building, P.B.No. 159,

Mission Street, Mangalore D.K. 575001.

Represented by its Managing Director.

(Opposite Party No.1: In-person)

(Opposite Party No.2:  Ex-parte)

 (Advocate for complainant by Sri Thimmayya. P.)                      (CC 131/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 149/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 150/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 170/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 171/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 172/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 173/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 174/15)

(Advocate for complainant by Sri Sanjay D)                      (CC 175/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 176/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 191/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 192/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 194/15)

(Advocate for complainant by Sri Thimmayya. P.)             (CC 195/15)

(Advocate for complainant by Sri M.Pramanand Kini.)                (CC 199/15)

ORDER DELIVERED BY HON’BLE PRESIDENT

SMT. ASHA SHETTY:

I.       1. The above complaints are filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the common Opposite Parties claiming similar reliefs.  In order to save the time as well as for the sake of convenience, we have taken up all the cases together and passed common order as under:-

The brief facts of the case are as under:

The Complainants are deposited certain sum of money with the Opposite Party and the Opposite Party is a registered society having its registered office in the above address. The details of the amounts deposited with the Opposite Party finance mentioned in detail herein below:-

Complainants stated that, they have invested their hard earned money in Opposite Parties co-operative society under the fixed deposit receipt for the stipulated period mentioned in the respective fixed deposit receipts and the Opposite Parties in turn agreed to pay interest mentioned in the certificates. Further it is stated that, the Opposite Parties in-spite of agreed to refund the aforesaid amount on the date of maturity mentioned in the respective F.D. Receipts not refunded the amount till this date.

It is stated that, the Complainants approached the Opposite Parties, the Opposite Parties have been indefinitely postponing the money payable under the F.D. Receipts without assigning any valid reasons which amounts to deficiency in service and hence the above complaints are filed before this Forum under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Parties to pay the entire Deposited amount invested by them respectively mentioned in their complaints and also sought for compensation and cost of the proceedings.

II.      1. Version notice served to the Opposite Party. Opposite Parties No.1 appeared in person filed version and OP No. 2 in spite of receiving notice not appeared nor represented hence, op No. 2 placed Ex-parte.

The Opposite Party No.1 appeared in person, filed version and stated that since 10 to 12 years due to loss in arecanut business, the society is suffered more than 24 crores. Hence the society is suffering from financial crunch. Therefore, they could not discharge the liability/fixed deposit to the general public.  It is also stated that they will take steps to repay the same and denied the deficiency in service and prayed for dismissal of the complaint.

III.     1. In support of the above complaints, all the respective Complainants are examined as CW-1 and produced documents got marked under the ‘Ex.C’ series detailed in the annexure here below. Opposite party No.1 AND 2 not led evidence.

In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the complaints filed by complainants are maintainable?
2. Whether the Complainants proved that the Opposite Parties committed deficiency in service?
3. If so, whether the Complainants are entitled for the reliefs claimed?
4. What order?

           We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows: 

             Point No.(i) & (ii): Affirmative.

                       Point No.(iii) & (iv): As per the final order.   

REASONS

IV. 1.  POINTS No. (i) to (iv):

In the instant case, the Complainants in order to substantiate their respective complaints filed evidence on affidavit supported by fixed deposit receipts i.e. Ex.C ‘series’ in all the complaints mentioned in the annexure in detail.  The Complainants sworn affidavits stating that, the Fixed Deposits are matured but the Opposite Parties keep on assured to refund the amount by giving one or the other excuses and postponing the payment without valid reasons.  However, now the point for consideration is that, whether the Complainants are entitled for the amount mentioned in the Fixed Deposit Receipts and thereby without paying the aforesaid amount the Opposite Parties have committed deficiency in service?

On perusal of the oral as well as documentary evidence available on record, we find that, the Complainants deposited the hard earned money under the Fixed Deposit Receipts with the Opposite Parties and the Opposite Parties in-turn agreed to refund the amount along with the interest on the date of maturity mentioned in the respective F.D. Receipts.  We are of the considered opinion that, in a case of like this nature reciprocal promises were enshrined in the contract/certificate entered/issued between the parties, both the parties were obliged to perform in that ‘Order’. No doubt the Complainants invested certain sum of money under the Fixed Deposit Receipts for a particular period with the Opposite Parties and the Opposite Parties in-turn received the invested amount from the Complainants and agreed to refund the aforesaid amount along with the interest on the date of maturity.  When that being so, it is the obligation on the part of the Opposite Parties Co-operative society to refund the amount to the Complainants on the date of maturity because the Opposite Parties made use of the money pertaining to the Complainants in their society and agreed to refund the amount with interest.  When that being the position, the Opposite Parties society should have refunded the amount to the Complainants without any demand.  As we know, the financial institutions are facing financial crunches and caused problems to the depositors and keep on seeking/postponing the payment by giving the one or the other reasons are common in a case of like this nature.  By considering the transactions involved in the above case, we are of the opinion that, cause of action will be continued till the payment invested under the certificate are received by the Complainants.  It is not the case of the Opposite Parties that, they have offered the payment on the date of maturity or subsequent dates till this date. Even in this count the complaint is maintainable.

We further observed that, the Complainants invested certain sum of money under the Fixed Deposit Receipts and Opposite Parties agreed to repay the amount along with the interest but failed to pay the said amount till this date amounts to deficiency in service as well as unfair trade practice.

Apart from the above, we also observed that, the opposite parties took a contention that in other similar cases the complaint is not maintainable in view of the Co-operative Societies Act 1959 as per Section 70.  It is a settled position of law that, Section 3 of the Consumer Protection Act 1986 not in derogation of any other law inforce, we mean to say Karnataka Co-operatives Societies Act 1959 too. It is further stated that since 10 to 12 years due to loss in areca nut business, the society is suffered more than 24 crores. Hence the society is suffering from financial crunch.  Therefore, they could not discharge the liability/fixed deposits to the general public.  It is also stated that they will take steps to repay the same and denied the deficiency in service.

In this connection we have referred a citation - THE TRINITY HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. & ANR. VS WILSON PETERS decided on 30.11.1995 reported in 1996 Vol-I CPR 679 held as under:-

Consumer Protection Act, 1986 – Section 3 – Act, not in derogation of any other law – Karnataka Co-operative Societies Act, 1959 – Section 70 – Complainant about neither allotment of housing site nor refund by OP/appellant- Allowed by DF – Appeal against – Whether Section 70 of Kar. Co-op-Soc. Act bars jurisdiction of Consumer Forum ? – (No) – Complaint is maintainable under COPRA (PARA 18) -  4 ½ YEARS LAPSING SINCE DEPOSIT – No allotment D.F. rightly ordered refund with interest (para 19).

Section 70 of Karnataka Co-operative Societies Act, 1959 is not a bar to a complaint seeking relief for loss and injury suffered due to negligence of D.P. in deficiency in the performance of service viz. Allotment of housing site within a reasonable time after deposit of amount.

Similarly even in all the complaints there is no dispute that the complainants deposited amounts with the opposite parties as averred by them in the complaint seeking refund of the amount. The opposite parties did not refund the amount till this date. Therefore, we hold that there is no substance in the version filed by the opposite parties even the co-operative societies also falls within the purview Section 3 of the Consumer Protection Act, 1986. A person includes a Co-operative Society, the complainants have got right to file complaints against the co-operatives societies, the harmonious construction of these two provisions will clearly establish that the complaints filed by the complainants are maintainable under the Consumer Protection Act 1986.

By considering the above aspects, we hold that, on failure to pay the aforesaid amount on the date of maturity till this date amounts to deficiency in service as well as unfair trade practice as stated supra. Therefore, we hereby directed the Opposite Parties are jointly and severally shall pay the entire amount mentioned in the Fixed Deposit Receipts in CC.No.131/2015 Rs.2,17,500/- (Rupees Two Lakhs seventeen thousand Five hundred only) i.e Ex.C1 to C11, in CC.No.149/2015 Rs.1,00,696/- (Rupees One lakh  six hundred ninety six only) i.e Ex.C1, in CC.No.150/2015 Rs. 1,09,384/- (Rupees One Lakh nine thousand three hundred eighty four only) i.e Ex.C1  to C3, in CC.No.170/2015 Rs.26,000/- (Rupees Twenty six thousand only) i.e Ex.C1, in CC.No.171/2015 Rs. 40,000/- (Rupees one lakh eleven thousand fifty hundred thirty four only) i.e Ex.C1, in CC.No.172/2015 Rs. 35,000/- (Rupees Thirty Five thousand only) i.e Ex.C1, in CC.No.173/2015 Rs. 3,25,175/- (Rupees Three lakhs twenty five thousand one hundred seventy five only) i.e Ex.C1 to C7, in CC.No.174/2015 Rs. 1,25,000/- (Rupees One lakh twenty five thousand only) i.e Ex.C1 to C3, in CC.No.175/2015 Rs. 43,500/- (Rupees Fourty three thousand and five hundred only) i.e Ex.C1 and C2, in CC.No.176/2015 Rs. 81,000/- (Rupees Eighty one thousand only) i.e Ex.C1 to C5, ,  in CC.No.191/2015 Rs. 55,250/- (Rupees Fifty five thousand two hundred fifty only) i.e Ex.C1,  in CC.No.192/2015 Rs. 30,000/- (Rupees Thirty thousand only) i.e Ex.C1, in CC.No.194/2015 Rs. 4,80,000/- (Rupees Four lakhs eighty thousand only) i.e Ex.C1 to C6, in CC.No.195/2015 Rs. 1,00,000/- (Rupees One lakh only) i.e Ex.C1 & C2, in CC.No.199/2015 Rs. 3,50,900/- (Rupees Three lakhs fifty thousand and nine hundred only) i.e Ex.C1 to C20, along with contractual rate of interest from the respective date of deposits till the date of maturity to the complainants and thereafter Opposite Parties shall pay interest at the rate of 12% per annum from the respective date of maturity till the date of payment. And also pay Rs.3,000/- (Rupees three thousand only) in each case towards the cost of the litigation expenses.  Payment shall be made within 30 days from the date of this order.

In the present cases, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded.

In the result, we pass the following:-

ORDER

The complaints are allowed. Opposite Parties are jointly and severally shall pay the entire amount mentioned in the Fixed Deposit Receipts in CC.No.131/2015 Rs. 1,09,384/- (Rupees One Lakh nine thousand three hundred eighty four only) i.e Ex.C1 to C11, in CC.No.149/2015 Rs.1,00,696/- (Rupees One lakh  six hundred ninety six only) i.e Ex.C1, i.e Ex.C1, in CC.No.150/2015 Rs. 85,000/- (Rupees Eighty five thousand only) i.e Ex.C1  to C4, in CC.No.170/2015 Rs. 26,000/- (Rupees Twenty six thousand only) i.e Ex.C1, in CC.No.171/2015 Rs. 40,000/- (Rupees Fourty thousand only ) i.e Ex.C1, in CC.No.172/2015 Rs. 35,000/- (Rupees Thirty Five thousand only) i.e Ex.C1, in CC.No.173/2015 Rs. 3,25,175/- (Rupees Three lakhs twenty five thousand one hundred seventy five only) i.e Ex.C1 to C7, in CC.No.174/2015 Rs. 1,25,000/- (Rupees One lakh twenty five thousand only) i.e Ex.C1 to C3, in CC.No.175/2015 Rs. 43,500/- (Rupees Fourty three thousand and five hundred only) i.e Ex.C1 and C2, in CC.No.176/2015 Rs. 81,000/- (Rupees Eighty one thousand only) i.e Ex.C1 to C5, in CC.No.191/2015 Rs. 55,250/- (Rupees Fifty five thousand two hundred fifty only) i.e Ex.C1, in CC.No.192/2015 Rs. 30,000/- (Rupees Thirty thousand only) i.e Ex.C1, in CC.No.194/2015 Rs. 4,80,000/- (Rupees Four lakhs eighty thousand only) i.e Ex.C1 to C6, in CC.No.195/2015 Rs. 1,00,000/- (Rupees One lakh only) i.e Ex.C1 & C2, in CC.No.199/2015 Rs. 3,50,900/- (Rupees Three lakhs fifty thousand and nine hundred only) i.e Ex.C1  to C20, along with contractual rate of interest from the respective date of deposits till the date of maturity to the complainants and thereafter Opposite Parties shall pay interest at the rate of 12% per annum from the respective date of maturity till the date of payment. And also pay Rs.3,000/- (Rupees three thousand only) in each case towards the cost of the litigation expenses.  Payment shall be made within 30 days from the date of this order.

The F.D.R. if any deposited by the Complainant be returned fourth with by substituting the certified.

The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.

(Page No.1 to 27 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 01^st day of AUGUST-2015.)

PRESIDENT                            MEMBER

ANNEXURE

Witnesses examined on behalf of the Complainants:

CW-1 : Kamalakshi S.Acharya  -              CC.No.131/2015.

CW-1 : Sri Shashidhara.K     -                 CC.No.149/2015.

CW-1 : Sri. P.Vasappa-                             CC.No.150/2015.

CW-1 : Sri M.Venkatraman Bhat-            CC.No.170/2015.

CW-1 : Sri Gopalkrishna Udupa.             CC.No.171/2015.

CW-1 : Sri Goverdhan Udupa.                 CC.No.172/2015.

CW-1 : Smt P. Saraswathi.                       CC.No.173/2015.

CW-1 : Smt P. Saraswathi.                       CC.No.174/2015.

CW-1 : Sri M. Shridhara Rai.          CC.No.175/2015.

CW-1 : Sri B. Sheetharama Shetty CC.No.176/2015.

CW-1 : Sri B. Nagesh                                 CC.No.191/2015.

CW-1 : Sri B. Sheetharama Shetty CC.No.192/2015.

CW-1 : Sri P. Janardhan Gowda,             CC.No.194/2015.

CW-1 : Sri N. Ganapayya,                         CC.No.195/2015

CW-1 : Sri N. Ramdas Pai,                        CC.No.199/2015

Documents produced on behalf of the Complainant:

In CC.No.131/2015:

Ex C1 to C11 – Xerox F.D. Receipt (1 in Nos. (11).

1.      Original Fixed Deposit Receipt issued by O.P. in No. 4783 in the name of complainant.

2.      Original Fixed Deposit Receipt issued by O.P. in No.

4116 in the name of complainant Notarized copy.

3.      Original Fixed Deposit Receipt issued by O.P. in No.

4137 in the name of complainant Notarized copy.

4.      Original Fixed Deposit Receipt issued by O.P. in No.

0101 in the name of complainant Notarized copy.

5.      Original Fixed Deposit Receipt issued by O.P. in No.

0102 in the name of complainant Notarized copy.

6.      Original Fixed Deposit Receipt issued by O.P. in No.

4778 in the name of complainant Notarized copy.

7.      Original Fixed Deposit Receipt issued by O.P. in No.

0662 in the name of complainant Notarized copy.

8.      Original Fixed Deposit Receipt issued by O.P. in No.

4309 in the name of complainant Notarized copy.

9.      Original Fixed Deposit Receipt issued by O.P. in No.

4312 in the name of complainant Notarized copy.

10.    Original Fixed Deposit Receipt issued by O.P. in No.

4320 in the name of complainant Notarized copy.

11.    Original Fixed Deposit Receipt issued by O.P. in No.

4894 in the name of complainant Notarized copy.

 Documents produced on behalf of the Complainant:

In CC.No.149/2015:

Ex C1 Original F.D. Receipt

1.      Original Fixed Deposit Receipt issued by O.P. in No.

004357 in the name of complainant.

Documents produced on behalf of the Complainant:

In CC.No.150/2015:

Ex C1  to C4 – Original F.D. Receipt (1 in Nos. (4).

1. Original fixed deposit number 000587 for a sum of

Rs. 50,000/- issued by the opposite party.

2. Original fixed deposit number 5010 for a sum of

Rs. 25,000/- issued by the opposite party.

3. Original fixed despite number 5009 for a sum of

Rs. 10,000/- issued by the opposite party.

4. Original Pass Book of S.B. Account No. 133.

Documents produced on behalf of the Complainant:

In CC.No.170/2015:

Ex C1 – Original F.D. Receipt (1 in No. (1).

1. Original fixed deposit number 004135 a sum of

Rs. 26,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.171/2015:

Ex C1– Original F.D. Receipt (1 in No. (1).

1. Original fixed deposit number 004367/5378 a sum of

Rs. 40,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.172/2015:

Ex C1– Original F.D. Receipt (1 in No. (1).

1. Original fixed deposit number 5063/5578 a sum of

Rs. 35,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.173/2015:

Ex C1 to C7– Original F.D. Receipt (1 in Nos. (7).

1. Original fixed deposit number 004366/5377 a sum of

Rs. 45,000/- issued by the opposite party.

2. Original fixed deposit number 4924/6036 a sum of

Rs. 50,175/- issued by the opposite party.

3. Original fixed deposit number 5075/5596 a sum of

Rs. 70,000/- issued by the opposite party.

4. Original fixed deposit number 5072/5593 a sum of

Rs. 50,000/- issued by the opposite party.

5. Original fixed deposit number 5064/5579 a sum of

Rs. 45,000/- issued by the opposite party.

6. Original fixed deposit number 5032/5511 a sum of

Rs. 40,000/- issued by the opposite party.

7. Original fixed deposit number 5006/5463 a sum of

Rs. 25,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.174/2015:

Ex C1 to C3– Original F.D. Receipt (1 in Nos. (3).

1. Original fixed deposit number 004365/5376 a sum of

Rs. 45,000/- issued by the opposite party.

2. Original fixed deposit number 004306/5224 a sum of

Rs. 45,000/- issued by the opposite party.

3. Original fixed deposit number 5031/5510 a sum of

Rs. 35,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.175/2015:

Ex C1 & C2– Original F.D. Receipt (1 in Nos. (2).

1. Original fixed deposit number 5121 a sum of

Rs. 38,500/- issued by the opposite party.

2. Original fixed deposit number 004306/5224 a sum of

Rs. 05,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.176/2015:

Ex C1  to C5– Original F.D. Receipt (1 in Nos. (5).

1. Original fixed deposit number 6180 a sum of

Rs. 19,000/- issued by the opposite party.

2. Original fixed deposit number 6181 a sum of

Rs. 45,000/- issued by the opposite party.

3. Original fixed deposit number 6179 a sum of

Rs. 05,000/- issued by the opposite party.

4. Original fixed deposit number 00241 a sum of

Rs. 07,000/- issued by the opposite party.

5. Original fixed deposit number 00265 a sum of

Rs. 05,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.191/2015:

Ex C1  – Original F.D. Receipt (1 in Nos. (1).

1. Original fixed deposit number 5094 a sum of

Rs. 55,250/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.192/2015:

Ex C1  – Original F.D. Receipt (1 in Nos. (1).

2. Original fixed deposit number 000719 a sum of

Rs. 30,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.194/2015:

Ex C1 to 6 – Original F.D. Receipt (1 in Nos. (6).

1. Original fixed deposit number 003189 a sum of

Rs. 50,000/- issued by the opposite party.

2. Original fixed deposit number 003188/23329 a sum of

Rs. 50,000/- issued by the opposite party.

3. Original fixed deposit number 003002 /023355 a sum of Rs. 2,00,000/- issued by the opposite party.
4. Original fixed deposit number 003271/023356 a sum of Rs. 50,000/- issued by the opposite party.
5. Original fixed deposit number 003155/023362 a sum of Rs. 1,00,000/- issued by the opposite party.
6. Original fixed deposit number 003273 a sum of

Rs. 30,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.195/2015:

Ex C1 and C2 – Original F.D. Receipt (1 in Nos. (2).

1. Original fixed deposit number 003079 a sum of

Rs. 50,000/- issued by the opposite party.

2. Original fixed deposit number 003219 a sum of

Rs. 50,000/- issued by the opposite party.

Documents produced on behalf of the Complainant:

In CC.No.199/2015:

Ex C1 to C20 – Original F.D. Receipt (1 in Nos. (20).

1. Original fixed deposit number 000131 a sum of

Rs. 10,000/- issued by the opposite party.

2. Original fixed deposit number 003767 a sum of

Rs. 13,000/- issued by the opposite party.

3. Original fixed deposit number 000287 a sum of

Rs. 35,000/- issued by the opposite party.

4. Original fixed deposit number 000140 a sum of

Rs. 10,000/- issued by the opposite party.

5. Original fixed deposit number 003768 a sum of

Rs. 33,000/- issued by the opposite party.

6. Original fixed deposit number 004800 a sum of

Rs. 51,000/- issued by the opposite party.

7. Original fixed deposit number 004669 a sum of

Rs. 12,000/- issued by the opposite party.

8. Original fixed deposit number 5067/5586 a sum of

Rs. 19,900/- issued by the opposite party.

9. Original fixed deposit number 5067/5585 a sum of

Rs. 10,000/- issued by the opposite party.

10. Original fixed deposit number 004187/4896 a sum of

Rs. 18,000/- issued by the opposite party.

11. Original fixed deposit number 5090/5652 a sum of Rs. 19,000/- issued by the opposite party.
12. Original fixed deposit number 000722 a sum of Rs. 10,000/- issued by the opposite party.
13. Original fixed deposit number 003796 a sum of Rs. 17,000/- issued by the opposite party.
14. Original fixed deposit number 000166 a sum of Rs. 18,000/- issued by the opposite party.
15. Original fixed deposit number 003711/5812 a sum of Rs. 18,000/- issued by the opposite party.
16. Original fixed deposit number 004743 a sum of Rs. 10,000/- issued by the opposite party.
17. Original fixed deposit number 4866/5797 a sum of Rs. 18,000/- issued by the opposite party.
18. Original fixed deposit number 004762 a sum of Rs. 10,000/- issued by the opposite party.
19. Original fixed deposit number 004734 a sum of Rs. 09,000/- issued by the opposite party.
20. Original fixed deposit number 000135 a sum of Rs. 10,000/- issued by the opposite party.

Witnesses examined on behalf of the Opposite Parties:

- Nil -

Documents produced on behalf of the Opposite Parties:    

- Nil -

Dated: 01.08.2015.                                 PRESIDENT

ORDER

The complaints are allowed. Opposite Parties are jointly and severally shall pay the entire amount mentioned in the Fixed Deposit Receipts in CC.No.131/2015 Rs.2,17,500/- (Rupees One Two Lakhs seventeen thousand Five hundred only) i.e Ex.C1 to C11, in CC.No.149/2015 Rs.1,00,696/- (Rupees One lakh  six hundred ninety six only) i.e Ex.C1, i.e Ex.C1, in CC.No.150/2015 Rs. 85,000/- (Rupees Eighty five thousand only) i.e Ex.C1  to C4, in CC.No.170/2015 Rs. 26,000/- (Rupees Twenty six thousand only) i.e Ex.C1, in CC.No.171/2015 Rs. 40,000/- (Rupees Fourty thousand only ) i.e Ex.C1, in CC.No.172/2015 Rs. 35,000/- (Rupees Thirty Five thousand only) i.e Ex.C1, in CC.No.173/2015 Rs. 3,25,175/- (Rupees Three lakhs twenty five thousand one hundred seventy five only) i.e Ex.C1 to C7, in CC.No.174/2015 Rs. 1,25,000/- (Rupees One lakh twenty five thousand only) i.e Ex.C1 to C3, in CC.No.175/2015 Rs. 43,500/- (Rupees Fourty three thousand and five hundred only) i.e Ex.C1 and C2, in CC.No.176/2015 Rs. 81,000/- (Rupees Eighty one thousand only) i.e Ex.C1 to C5, in CC.No.191/2015 Rs. 55,250/- (Rupees Fifty five thousand two hundred fifty only) i.e Ex.C1, in CC.No.192/2015 Rs. 30,000/- (Rupees Thirty thousand only) i.e Ex.C1, in CC.No.194/2015 Rs. 4,80,000/- (Rupees Four lakhs eighty thousand only) i.e Ex.C1 to C6, in CC.No.195/2015 Rs. 1,00,000/- (Rupees One lakh only) i.e Ex.C1 & C2, in CC.No.199/2015 Rs. 3,50,900/- (Rupees Three lakhs fifty thousand and nine hundred only) i.e Ex.C1  to C20, along with contractual rate of interest from the respective date of deposits till the date of maturity to the complainants and thereafter Opposite Parties shall pay interest at the rate of 12% per annum from the respective date of maturity till the date of payment. And also pay Rs.3,000/- (Rupees three thousand only) in each case towards the cost of the litigation expenses.  Payment shall be made within 30 days from the date of this order.

The F.D.R. if any deposited by the Complainant be returned fourth with by substituting the certified.

The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.

PRESIDENT             MEMBER           MEMBER