Complaint filed on: 05-01-2022
Disposed on: 30-11-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 30st DAY OF NOVEMBER, 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.03/2022
Nagamma W/o Late Kambadarangappa R.H.
R/at Lakshmi Ranganatha Nilaya,
Near Bankers Club, Vidhya Nagar, Tumkur.
(By Sri.B.A.Gururaja, Advocate)
V/s
1. The Branch Manager/Sector Manager,
Sahara Credit Co-Operative Society Limited,
2nd Cross, SS Puram, Tumkur-572 102.
2. The Regional Manager,
Sahara Credit Co-Operative Society,
4th Cross, 5th Main Road,
Chamaraj Pet, Bangalore-18.
(OP No.1 by Sri. M.Balakrishna Bhat, Adv.,)
(OP No.2 – Served absent)
:O R D E R:
SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint was filed by the complainant against the Opposite Party Secretary/Branch Manager, Sahara Credit Co-Operative Society Ltd. (hereinafter called as OP) under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OP to make payment of Rs.3,62,452 + = 47,116-00 (interest as on 01/09/2021) total Rs.4,09,568/- with interest @ 24% PA till realization of the entire amount and further prays to direct the OP to pay Rs.50,000/- towards damages as compensation for mental agony and other incidentals and such other reliefs as this Hon’ble Commission deems fit to grant.
2. It is the case of complainant that, she had deposited the amount in “F2 SAHARA.A. SELECT” as follows:
Sl. No. | Name of Scheme | Account Number | Principal Amount | Date of Maturity | Maturity Amount | Total Maturity Amt. with int. at 13% p.a. |
1 | SAHARA A. SELECT | 12347800195 | 50,000.00 | 30.09.20 | 57,350.00 | 57350+7455= 64805-00 |
2 | SAHARA A. SELECT | 12347800196 | 50,000.00 | 30.09.20 | 57,350.00 | 57350+7455= 64805-00 |
3 | SAHARA A. SELECT | 12347800197 | 50,000.00 | 30.09.20 | 57,350.00 | 57350+7455= 64805-00 |
4 | SAHARA A. SELECT | 12347800198 | 50,000.00 | 30.09.20 | 57,350.00 | 57350+7455= 64805-00 |
5 | SAHARA A. SELECT | 12347800199 | 56,000.00 | 30.09.20 | 64,232.00 | 64232+8350= 72673-00 |
6 | SAHARA A. SELECT | 12347800200 | 26,000.00 | 30.09.20 | 29,822.00 | 29822+3876= 33698-00 |
7 | SAHARA A. SELECT | 12347800201 | 34,000.00 | 30.09.20 | 38,998.00 | 38998+5070= 44067-00 |
| TOTAL | 12347800195 | 3,16,000 | | 362452 | 362452+47116=409568 |
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 OP 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 08.10.2021, but though received notice, the OP did not pay the maturity amount with interest. Hence, the complaint.
3. In spite of service of notice, the OP appeared through counsel Sri.MBB, but subsequently, neither OP nor his counsel appear before this Commission. The complainant counsel filed affidavit in lieu of evidence and marked the documents at Ex.P1 to P10.
4. On hearing the arguments of learned counsel for complainant and perusal of the documents, the points that would arise for determination are as under;
- Whether the complainant proves the deficiency of service on the part of OP?
- Is complainant entitled to the relief sought for?
- Our findings aforesaid points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order
:REASONS:
6. Point Nos.1 and 2: The learned counsel for the complainant submitted that, the OP has failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.
7. To prove the case, the complainant has produced Ex.C1 to C10. Ex.C1 to Ex.C7 are the xerox copies of the certificates, Ex.C8 is the Legal notice, Ex.9 & 10 are the postal receipt and acknowledgement.
8. It is seen from the records that the complainant has deposited an amount of Rs.3,16,000.00 under the Scheme “F2 Sahara A. Select and the date of the maturity was 30.09.2020 and maturity amount was Rs.3,62,452.00.
9. The counsel for complainant submits at the time of arguments that though the complainant requested the OP several times to pay maturity amount, but the OP 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 OP remained silent. The OP has 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 OP.
10. Further, the complainant claimed interest @ 24% PA on the maturity amount till payment. But the interest claimed by the complainant is on the higher side and it is unfair. Hence, the complainant is entitled for interest @ 9% p.a. (Present bank interest on the F.D.) on the maturity amount from the date of maturity till payment.
11. Due to the deficiency in service and unfair trade practice of the OP, the complainant compelled to approach this Commission. Hence, the complainant is entitled for compensation of Rs.15,000-00 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 OP is directed to pay Rs.3,62,452-00 to the complainant with interest @ 9% p.a. from the date of maturity i.e. 30.09.2020 to till its realization.
Further, the OP is directed to pay Rs.15,000/- towards compensation and Rs.10,000/- towards cost to the complainant.
It is ordered that the above order shall be complied by the OP within 45 days from the date of receipt/knowledge of the order.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 30th day of November, 2022).
LADY MEMBER MEMBER PRESIDENT