Karnataka

Kolar

CC/43/2014

Sri.P.Manoharan - Complainant(s)

Versus

THe BEML Employees Credit Co-Operative Society Ltd.,& Ors. - Opp.Party(s)

P.Shivram Subramanyam

08 Oct 2015

ORDER

Date of Filing: 06/09/2014

Date of Order: 08/10/2015

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 08^th DAY OF OCTOBER 2015

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 43 OF 2014

Sri. P. Manoharan,

S/o. E.K. Pachcha Muttu,

Aged About 58 years,

No.255, P.O. Block,

Marikuppam,

K.G.F.

 

(Rep. by Sriyuth. N.V. Ravikumar, Advocate)              ….  Complainant.

 

- V/s -

1) The President,

The BEML Employees Credit

Cooperative Society Limited,

Maharaja Road, Robertsonpet,

K.G.F-563 122.

 

2) The Secretary,

The BEML Employees Credit

Cooperative Society Limited,

Maharaja Road, Robertsonpet,

KGF-563 122.

(OP Nos.1 & 2 are represented by

Sriyuth. P. Raghavan, Advocate)                            …. Opposite Parties.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted the complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the Act”) has sought, relief of recovery of sum of Rs.13,54,000/- from the OPs jointly and severally together with costs.

 

02.   The facts in brief:-

It is contention of the complainant that, OP-1 is the president and OP-2 is the secretary of the BEML Employees Credit Cooperative Society Limited which has been registered and established vide No. Ark/B/Reg/CS/3187/dt. 1976-77.  And that on 09.01.2003 he had made deposit of Rs.2,00,000/- with the OPs for the period of 72 months which was to carry interest at the rate of 6% per annum.  And that he made another deposit of Rs.1,00,000/- on 13.05.2004 and of Rs.75,000/- on 27.08.2004 and Rs.25,000/- on 02.12.2004 and of Rs.1,00,000/- on 02.05.2006 and of Rs.50,000/- on 02.05.2006 and of Rs.75,000/- on 18.12.2006, as well, a sum of Rs.1,25,000/- on 05.01.2007 with OPs for 24 months.  And that the OPs had agreed to pay interest at the rate of 10% per annum over such deposits. 

 

(a)    Further it is contended that, the OPs were due in a sum of Rs.7,04,000/- by way of interest.  And that the OPs so far made payments only in a sum of Rs.2,00,000/- that too in 21 installments towards interest.  So contending the complainant has come up with this complaint on hand to seek above set out reliefs.

 

(b)    On 06.09.2014 with list the complainant has submitted following documents:-

(i) 09 Photostat copies of deposit receipts

(ii) Xerox copy of legal notice dated: 01.08.2014

(iii) Xerox copy of two postal receipts, And

(iv) Xerox copies of two postal acknowledgments.

03.   In response to the notices issued the OPs have put in their appearance through their said learned counsel and have submitted written version resisting the claim of the complainant in toto.

 

(a)    It is specifically contended that, the dispute being civil in nature in view of provisions of sections 70 and 118 of the Karnataka Cooperative Societies Act, 1959 this forum lacked jurisdiction to entertain the complaint.  And that the same was manifest in view of the principles enunciated in the case of The Hukkeri Urban Co-operative Bank Limited – V/s – Mirasaheb Nasisaheb Nadaf Hukkeri (1963(2) Mysore Law Journal at page 294 (DB) and Gangadhar Devanasiddappa – V/s – Sankeshwar Urban Co-operative Bank Limited, reported in ILR 1967 Mysore at page 427 (DB), AIR 2003 Karnataka 307 (hereinafter referred in short as “the citations relied by the learned counsel appearing for the OPs”).

 

(b)    Further details have been pleaded as produced hereunder giving details of payments made by the OPs to the complainant:-

LF No.311/02

Date	Amount
03.10.2011	10000.00
31.01.2012	10000.00
12.04.2012	10000.00
06.07.2012	10000.00
24.08.2012	10000.00
20.10.2012	10000.00
22.01.2013	10000.00
22.04.2013	10000.00
12.04.2013	10000.00
06.06.2013	5000.00
13.06.2013	5000.00
13.06.2013	5000.00
13.09.2013	5000.00
13.09.2013	5000.00
14.11.2013	10000.00
06.01.2014	10000.00
20.03.2014	10000.00
22.05.2014	10000.00
Total	145000.00

 

 

LF No.363/03

Date	Amount
27.07.2010	25000.00
10.0 .2011	10000.00
13.06.2011	10000.00
07.07.2011	10000.00
30.11.2012	10000.00
Total	65000.00

 

LF No.563/04

Date	Amount
27.07.2010	25000.00
Total	25000.00

 

(c)    Thus dismissal of the complaint has been sought.

 

04.   The complainant has submitted his affidavit evidence, whereas OP-2 has submitted affidavit evidence.

 

05.   On 17.06.2015 the learned counsel appearing for the complainant has submitted written arguments; whereas on 12.08.2015 the learned counsel appearing for the OPs has submitted written arguments.

 

06.   On 07.10.2015 heard the arguments as advanced by the learned counsel appearing for both sides. 

 

07.   Therefore the points that do arise for our consideration in this case are:-

1. Whether this forum has jurisdiction to entertain the complaint on hand?

 

2.   If so, whether the OPs are guilty of deficiency in service?

 

3.   To what relief the complainant is entitled to?

 

4.  What order?

 

08.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT 1:     In the Affirmative.

 

POINT 2:     In the Affirmative.

 

POINT 3:     The complainant is held entitled to recover sum of Rs.12,19,000/- together with interest at the rate of 9% per annum from 06.09.2014 being the date of the complaint till realization from the OP Nos. 1 & 2 jointly and severally.

 

POINT 4:     As per final order for the following:-

 

REASONS

POINT 1:-

09.   The learned counsel appearing for the OPs excepting pleading the said citations did nothing further.  There ought to have been submission of copies of said decisions so that this forum could proceed to apply the principles to this case on hand.  Thus the very OPs have prevented this forum from applying the principles enunciated in the said citations.

 

10.   Even otherwise this forum is bound to take judicial notice of the decision rendered by us this day itself in C.C. No.23/2014, by following the principles enunciated in III 2005 CPJ 92 NC and 2003 SC Appeal (Civil) 92/98 judgment dated: 11.12.2003.  So, we have held that, even when the complainant was/is member – depositor with the said Cooperative Society run by OP Nos.1 & 2 since he could be consumer this forum has every jurisdiction to entertain the complaint.

 

POINT 2 & 3:-

11.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    It is indisputable that on the said days the complainant made said deposits and admittedly it is indisputable that OPs did pay towards interest as contended by them.  However the complainant is slightly at error in making the claim as in sum of Rs.13,54,000/-.  For, according to the complainant the total deposited amount by way of principal amount came to Rs.7,50,000/- and as pleaded by him the dues towards interest came to Rs.7,04,000/-.  Admittedly towards interest the OPs have paid sum of Rs.2,35,000/- whereas the complainant has stated this sum as of Rs.2,00,000/- only.  Therefore we are of the opinion that in sum of Rs.14,54,000/- sum of Rs.2,35,000/- paid towards interest when is deducted the balance that would remain shall be in a sum of Rs.12,19,000/- only.  We are of the opinion that by way of damages the OPs are liable to pay interest which shall be at the rate of 9% per annum from 06.09.2014 being the date of the complaint till realization.  And this liability on the part of the OPs shall be jointly and severally. 

 

POINT 5:-

12.   We proceed to pass the following:-

 

ORDER

01.   For foregoing reasons the present complaint stands allowed with costs of Rs.3,000/- against these OPs as hereunder:-

 

(a) The complainant is held entitled to recover a sum of Rs.12,19,000/- together with interest @ 9% p.a. from 06.09.2014 being the date of the complaint till realization from the OP Nos.1 & 2 jointly and severally.

 

(b)    We grant time of one month to the OPs to comply the order from the date of communication of this order.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 08^th DAY OF OCTOBER 2015)

 

 

 

 

MEMBER                         MEMBER                         PRESIDENT