Complaint filed on: 26-06-2023

                                                      Disposed on: 28-03-2024

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 28^th DAY OF MARCH, 2024

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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. 75/2023 

Badarinatha .G.L. S/o G.Lakshminarayana Shetty,

Aged about 53 years,

R/at Maruthi Nilaya, 7^th Main,

Vidhya Nagar, Tumakuru.

………..Complainant

(By Sri.B.A.Gururaja, Advocate)

V/s

1.       The Branch Manager/Sector Manager,

          Sahara Credit Co-Operative Society Ltd.,

          1^st Floor, Vidhya Complex, 2^nd Cross,

          SS Puram, Tumkur-572 102.

2.       The Regional Manager,

          Sahara Credit Co-Operative Society Ltd.,

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

          Bangalore-18.

……….Opposite Party/s

(By Sri.Renukaradhya, Adv.,)

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SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Parties under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to pay Rs.2,68,300-00 with interest @ 24% PA till the realization of the entire amount along with damages of Rs.1,00,000/- and cost of Rs.50,000-00 and also such other reliefs as this Hon’ble Commission deems fit to grant. 

2.       It is the case of complainant that, the complainant had deposited the amount with the OPs under the scheme SAHARA SUPER” as follows:

Further, the complainant submitted that he has deposited Rs.100/- per day/daily for a period of 40 months under the said scheme vide account No.12345100589.  As on maturity date: 06.09.2014, the total deposit amount was Rs.1,20,000/- and maturity amount was Rs.1,48,000/-.  It is further submitted that after the maturity of the amount on 06.09.2016, the complainant approached the OPs and requested to pay the maturity amount, but the OPs dodged the same in one or other pretexts since 2016 and till today the OPs have not settled the account.  It is further submitted that when the complainant again approached the OPs and requested to settle the amount, but the OP instead of settling the amount, forced to deposit the total amount in some other scheme and finally refused to settle the account.  Hence, the complainant issued legal notice to the OPs on 21.04.2023 through his counsel, but the OPs in spite of receipt of legal notice, failed to settle the amount with interest and committed deficiency of service.  Hence, the complaint.

3.       In spite of service of notice, the OPs appeared and filed the version contending that the practical difficulties being faced by the Group of Societies/OP, the Central Government moved Writ Petition before the Hon’ble Supreme Court of India and the Hon’ble Supreme Court of India after hearing, reserved the judgment vide order dated:20.03.2023 and on 29.03.2023 the Hon’ble Supreme Court pronounced the judgment, wherein certain directions were given for redressal of grievances of the depositors of OP.  The OP further contended that there is no cause of action to file the present complaint and the complaint is barred by limitation.  On the direction of the Hon’ble Apex Courts and under the facts and circumstances and legal aspect, the OP rayed to dismiss the complaint. 

4.       The complainant has filed HIS affidavit evidence and marked the documents at Ex.C1 to C6.  Sri. Thippeswamy .A, Branch Manager has filed his affidavit evidence on behalf of OP No.1.  We have heard the arguments of both side counsels. 

5.       On hearing the arguments of learned counsel for both parties and on 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?
6.        Our findings aforesaid points are as under:

Point No.1: Partly in the Affirmative

Point No.2: As per the final order

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Point Nos.1 and 2:

7.       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.

8.       To prove the case, the complainant has produced Ex.C1/certificates, Ex.C2 is the Legal notice and Ex.C3 to C6 are the postal receipts, sealed postal cover addressed to OPs and acknowledgements.

9.       At the time of arguments, the counsel for complainant submits that though the complainant requested the OPs several times to pay maturity amount, but the OPs did not pay the maturity amount and directed the complainant to re-deposit the amount under different scheme and finally refused to pay the maturity amount.  Hence, the complainant issued legal notice, but after receipt of the legal notice, the OPs remained silent. 

10.     The OP contended that the practical difficulties being faced by the Group of Societies/OP, the Central Government moved Writ Petition before the Hon’ble Supreme Court of India and the Hon’ble Supreme Court of India after hearing, reserved the judgment vide order dated:20.03.2023 and on 29.03.2023 the Hon’ble Supreme Court pronounced the judgment, wherein certain directions were given for redressal of grievances of the depositors of OP and OP counsel submitted that they are ready to pay the deposit amount with interest after approval of the Apex Court. 

11.     On perusal of Ex.C1, it is proved that the complainant has deposited the amount with the OP and the OP till today has not paid the deposited amount with interest.  This act of OP amounts to deficiency of service.  Hence, OP is liable to pay the maturity amount with interest to the complainant. 

12.     The interest claimed by the complainant on the maturity amount is on the higher side. Hence, to meet the interest of justice, it is just and proper to award the interest @ 9% p.a. on the maturity amount from the date of maturity i.e. 06.01.2018. (the complainant mentioned the maturity date in the complaint as 06.09.2016, which is wrong, because when the date of opening mentioned as 06.09.2014 for a period of 40 months, which come to 06.01.2018 and not 06.09.2016) to till payment.

13.     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 expenses. In the result, we proceed to pass the following;

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The complaint filed by complainant is allowed in part. 

The OPs 1 & 2 are jointly and severally directed to pay the maturity amount along with interest @ 9% PA from the date of maturity to till realization.

Further, the OPs are jointly and severally directed to pay Rs.10,000-00 towards compensation and Rs.10,000-00 towards litigation expenses to the complainant.

Further, the OPs 1 & 2 are jointly and severally directed to comply the above order within 45 days from the date of receipt/knowledge of the order.  Failing which, the payable amount under the order shall carry interest @ 10% PA after lapse of 45 days to till realization.

Supply free copy of this order to both parties.