DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 1464 of 2009 Date of Inst: 30.11.2009 Date of Decision: 22.02.2011 Mrs.Meena Bhatia w/o Sh.Brij Bhushan Bhatia r/o H.No.3410, Sector 40-D, Chandigarh. ---Complainant V E R S U S 1. The Chandigarh SBOP Employees Cooperative Urban Salaries Earners, Thrift and Credit Society Ltd., House No.163, Gali No.6, Shanti Nagar, Manimajra, UT, Chandigarh through its President/Secretary Treasurer. 2. Sh.H.K.Singla, Secretary of SBOP Employees Cooperative USE, T/C Society), Head Treasurer, State Bank of Patiala, Patil Kool, District Kullu, (H.P.). ---Opposite Parties QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Sh.J.C.Kapoor, Adv. for complainant None for OPs. --- PER LAKSHMAN SHARMA, PRESIDENT Mrs.Meena Bhatia has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to :- i) Pay entire amount of FDRs along with interest @ 24% p.a. till its realization. ii) Pay Rs.50,000/- as compensation for mental agony and harassment. iii) Rs.11000/- as costs of litigation. 2. In brief, the case of the complainant is that she retired from Food Corporation of India and deposited the following amounts with OPs:- Sr. No. | FDR No. | Principal Amount | Due Date for payment | Maturity value as on 22.05.08 | 1 | 7558 Dt. 22.11.07 | 42569/- | 22-5-08 | 44365/- | 2 | 7559 Dt. 22.11.07 | 42661/- | 22-5-08 | 44367/- | 3 | 7560 Dt. 14.11.07 | 28923/- | 14-5-08 | 30080/- |
After the date of maturity, the complainant approached OPs for payment of the maturity amount but to no effect. According to the complainant, the maturity amount along with interest has not been returned despite her repeated requests and visits to the office of OPs. Ultimately, she served a legal notice dated 13.10.2009 upon OPs but to no effect. According to the complainant, non-refund of the maturity amount along with interest after its maturity amounts to deficiency in service on the part of OPs. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. In the reply filed by the OPs, the factum of deposit of the amounts in the aforesaid FDRs by the complainant has not been denied. It has been pleaded that the society used to receive the money from the member depositors/investors and to disburse that money as loan to its members. It has been further pleaded that some of the members are not repaying the loan amount which resulted into litigations. It has further been pleaded that vide order dated 17.05.2010 the Joint Registrar Co-operative Society, Chandigarh directed the Society under Rule 45 of the Punjab Cooperative Society Rules, 1963 to prepare seniority list of loanees/depositors as on 31.02.2010 so that the maturity amount of FDRs could be disbursed as per seniority list. Thus, according to OPs, the amount due to the complainant shall be disbursed to her as per seniority list. In these circumstances, the amount is payable to the complainant as per the seniority list. In these circumstances, according to OPs, there is no deficiency in service on its part and the complaint deserves dismissal. 4. As none is present today on behalf of the OPs, therefore we proceed to dispose of the complaint on merits under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987 read with Section 13(2) of the Consumer Protection Act, 1986 even in the absence of the learned counsel for the OPs. We have heard learned counsel for the complainant and perused the record and gone through the documents very carefully. 5. The facts regarding the deposits made by the complainant and maturity thereof have not been controverted. The OPs have not denied the receipt of the amounts deposited by the complainant nor anything is urged to show that any interest on the maturity value was ever paid to the complainant. That being so, the complaint deserve success. The complainant has to be paid back the maturity amount deposited by her along with interest etc. The non-payment of the said amounts to the complainant is an act of deficiency in service on the part of OPs. 6. The main objection of OPs is that the Joint Registrar Co-operative Society, Chandigarh vide its order dated 17.05.2010 directed the Society under rule 45 of the Punjab Cooperative Society Rules, 1963 to prepare seniority list of loanees/depositors as on 31.02.2010 and that the amount is payable as per the seniority list. Annexure R-1 is the letter dated 17.05.2010 issued by the Joint Registrar, Cooperative Societies, Chandigarh directing the society to prepare the seniority list. However, no document has been placed record to show that any seniority list was ever prepared in compliance of the said order nor any seniority list has been placed on record. In the absence of the seniority list, OPs cannot be directed to refund the maturity amount to the complainant as per seniority list. 7. In view of the above findings, this complaint is allowed with a direction to OPs to release the payment of the maturity value of the aforesaid FDRs to the complainant along with further interest @ 8% p.a. on the entire due amount from the respective dates of maturity till its realization. OPs are also directed to pay a sum of Rs.7000/- to complainant as litigation costs. 8. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy failing which OPs shall be liable to pay the maturity amount of the aforesaid FDRs to the complainant along penal interest @ 18% p.a. from the respective dates of maturity till its realization besides costs of litigation. 9. The certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 22.02.2011 sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
