Complaint filed on: 23-02-2022

                                                      Disposed on: 28-09-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 28^th DAY OF SEPTEMBER, 2022

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.55/2022 

Niranjan R.K. S/o Late. Kambadarangappa. R.H.

R/at Lakshmi Ranganatha Nilaya,

Near Bankers Club, Vidhya Nagar,

Tumkur.

………..Complainant

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

V/s

1.       The Branch Manager,

Sahara Credit Cooperative Society Ltd,                      

2^nd Cross, S.S.Puram,

Tumakuru-572 102.

2.       The Regional Manager,

          Sahara India Pariwar,

          Bo-1, Church Street,

          Brigade Road, Bangalore.  

(OP1 by Sri. A.Chaluvaraju, Adv.,)

(OP2 – Served absent)

:O R D E R:

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Party No.1 - Sahara Credit Co-Operative Society Ltd. and Opposite Party No.2- Sahara India Pariwar (hereinafter called as OPs) under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to pay Rs.96,000/- + 49,920 (interest as on 01.09.2021), Total Rs. 1,45,920-00 with interest at 24% p.a. till realization of the entire amount and to pay Rs.50,000-00 towards damages as compensation for mental agony and other incidental and grant cost and such other relief.  

2.       It is the case of complainant that, his Father late Kambadarangappa R.H. had deposited the amount in “SAHARA.M.BENEFIT” as follows:

Further, the complainant submitted that his Father appointed him as nominee of his Father and due to financial crises, his Father approached the OP and prays to pay the maturity amount in the account, but the OP dodged the same in one or the other pretexts and thereafter his Father died on 24.12.2020 due to ill-health.  It is further submitted that being a nominee of his Father, the complainant approached the OPs several time and also furnished all the documents as per the direction of the OPs, but the OPs did not pay the maturity amount.  Hence, the complainant got issued legal notice through his counsel on 08.11.2021, but the OP though received the said notice did not settle the matter and remained silent.  Hence, the complaint.

3.       In spite of service of notice against OP No.1, the OP No.1 appeared through counsel, but later did not turn up further.  The complainant impleaded the OP No.2 and after allowing impleading application, notice was sent to OP No.2, but though the OP No.2 received notice remained absent. 

 4.      The complainant counsel filed affidavit in lieu of evidence and marked the documents at Ex.C1 to C7.  

5.       On hearing the arguments of learned counsel for complainant and 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: In the affirmative

Point No.2: As per the final order

:REASONS:

7. Point Nos.1 and 2: 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 Exs.C1 to C7.  The Ex.C1 is the Certificate, Ex.C2 is the Death Certificate of complainant’s Father, Ex.C3 is the Family Tree, Ex.C4 is the Aadhar Card of complainant, Ex.C5 is the Legal notice, Ex.C6 & C7 are the RPAD receipt and acknowledgment.

9.       It is seen from the records that the Father of the complainant has deposited an amount of Rs.78,000/- under the Scheme Sahara M.Benefit in Account No.12344800100 and the date of the maturity was 02.03.2018 and maturity amount was Rs.96,000/- and made the complainant as his nominee.    

10.     The counsel for complainant submits at the time of arguments that though Father of complainant and complainant requested the OPs several times to pay maturity amount, but the OPs did not pay the maturity amount.  Hence, the complainant issued legal notice, but after receipt of the legal notice, the OPs remained silent.  The OPs have not produced any documents to disprove the allegation made by the complainant against them by appearing before this Commission.  This goes to show that there is a deficiency of service on the part of OPs.  Further, the complainant claimed interest @ 13% on the maturity amount till payment.  But now the bank rate of interest has been reduced, as such the complainant is entitled for interest @ 8% p.a. on the maturity amount from the date of maturity till payment.

11. 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 of the cost. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by complainant is allowed in part. 

The OPs are jointly and severally directed to pay Rs.96,000/- to the complainant with interest @ 8% p.a. from the date of maturity to till its realization.

Further, the OP Nos. 1 & 2 are jointly and severally directed to pay to the complainant Rs.10,000/- towards compensation and Rs.10,000-00 as litigation cost.

The above order shall be complied by the OPs within 30 days from the date of receipt/knowledge of the order.

Supply free copy of this order to both parties