Complaint filed on: 20-03-2023

                                                      Disposed on: 30-12-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 30^th DAY OF DECEMBER, 2023

: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.44/2023 

Smt. Kalavathi W/o H.S.Narasimha Murthy,

Aged about 54 years, R/at Nrukesari, behind

Sanidhya Gas gowdown, Kunduru,

Tumakuru-572 104, Karnataka.

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

V/s

1.       The Branch Manager/Sector Manager,

          Sahara Credit Co-Operative Society Limited,

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

          SS Puram, Tumkur-572 102.

2.       The Regional Manager,

          Sahara Credit Co-Operative Society Limited,

          4^th Cross, 5^th Main Road,

          Chamarajpet, Bangalore-18, Karnataka.

(By Sri.Renukaradhya, Adv.,)

:O R D E R:

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.80,000/- 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, he had deposited the amount with the OPs under the scheme SAHARA M.BENEFIT as follows:

Further, the complainant submitted that after maturity of the said amount, the complainant approached the OP and requested to pay the maturity amount, but the OP dodged the same in one or the other pretexts and forced the complainant to re-deposit the total amount in some other scheme and refused to settle the account.  Hence, the complainant got issued legal notice through his counsel on 09.11.2022, but though received notice, the OPs did not pay the maturity amount with interest.  Hence, the complaint. 

3.       In spite of service of notice, the OP 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 her 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

:REASONS:

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 i.e. payment made under the scheme and certificate, Ex.C2 is the Legal notice and Ex.C3 to C6 are the postal receipts 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 Exhibits of the complainant, it is proved that the complainant has deposited the amount with the OP and the OP till today has not paid the deposited amount.  This act of OP amounts to deficiency of service.  Hence, OP is liable to pay the deposited 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 to till payment.

13.     It is seen from the certificate that the complainant has deposited the amount monthly from 07.03.2012 to 07.03.2017 and claimed that he has deposited principal amount of Rs.30,000/- and maturity amount was Rs.45,000/-.  But the complainant has not explained how he is entitled for Rs.15,000/- interest from 07.03.2012 to 07.03.2017. Hence, it is just and proper to direct the OPs to pay interest @ 9% PA on the deposited amount from 07.03.2012 to 07.03.2017 and further it is just and proper to direct the OPs to pay maturity amount along with interest @ 9% PA from the date of maturity i.e. 07.03.2017 to till realization.

14.     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/- towards litigation expenses. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by complainant is allowed in part. 

The OPs 1 & 2 are jointly and severally directed to pay interest @ 9% PA on the deposited amount from 07.03.2012 to 07.03.2017.

 The OPs 1 & 2 are further jointly and severally directed to pay maturity amount along with interest @ 9% PA from the date of maturity i.e. 07.03.2017 to till realization.

Further, the OPs are jointly and severally directed to pay Rs.10,000/- towards compensation and Rs.6,000/- 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.