BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT MANGALORE
Dated this the 19th April 2010
COMPLAINT NO.51/2010
(Admitted on 6.2.2010)
PRESENT: 1. Smt. Asha Shetty, B.A., L.L.B., President
2. Sri. K. Ramachandra, Member
3. Smt. Lavanya M. Rai, Member
BETWEEN:
Smt.M.Savithri,
Aged 59 years,
Wo. K.Mohandas,
D.No.4 38 14, Anugraha,
Parapade, Post Ashoknagar,
Mangalore 575 006. …….. COMPLAINANT
(Complainant: In person)
VERSUS
The Chief Executive Officer,
Mogera Credit Cooperative Society Ltd. (R),
K.P. Complex, 2 Floor,
Main Road, Puttur,
D.K.District. ….. OPPOSITE PARTY
(Opposite Party: Exparte)
ORDER DELIVERED BY PRESIDENT SMT. ASHA SHETTY:
1. The facts of the complaint in brief are as follows:
This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service as against the Opposite Party claiming certain reliefs.
The Complainant submits that, she had invested a sum of Rs.15,000/- in Fixed Deposit scheme of the Opposite Party on 18.7.2003 as per Fixed Deposit Receipt No.8/2003-04. The same got matured for repayment on 17.7.2004 and the same was not paid on maturity and the same was renewed as per F.D.R.No.1/2005-06 dated 9.7.2005.
It is further stated that, inspite of several communications sent to the Opposite Party, the Opposite Party calculated the total amount of Rs.22,000/- and paid Rs.12,000/- on 2.11.2009 and the balance sum of Rs.10,000/- was renewed for one more year without making payment to the Complainant and without her acceptance. It is stated that, in fact interest on deposit of Rs.15,000/- from the date of deposit till payment i.e. for total number of period 6 years 4 months and 2 days at 10% per annum should have been Rs.12,360/- instead of paying the above said amount the Opposite Party deliberately and wrongly calculated interest and paid lesser amount. There was a difference in the interest paid i.e. Rs.5,360/-. The Complainant herein requested and demanded the Opposite Party to pay the above said amount but not paid the same. Finally Complainant issued legal notice dated. 9.12.2009 to the Opposite Party to pay the difference. In spite of that, the Opposite Party not paid the amount which amounts to deficiency in service. Hence, the Complainant has filed the above complaint under Section 12 of the Consumers Protection Act, 1986 (herein after referred to as “The Act”) seeking direction from this Hon’ble Forum to the Opposite Party to pay Rs.5,360/- towards interest for the period i.e. 6 years 4 months 2 days along with 10% per annum and also pay compensation and cost of the proceedings.
2. Version notice served to the Opposite Party by RPAD, despite of serving notice, the Opposite Party neither appeared nor contested the case till this date, hence we have proceeded exparte as against Opposite Party. Postal acknowledgement marked as Court Document No.1.
3. The points that arise for our consideration in this case are as follows:
- Whether the Complainant proves that the Opposite Party has committed deficiency in service?
- If so, whether the complainant is entitled for the reliefs claimed?
- What order?
4. In support of the complaint, Smt. M.Savithri (CW1) filed his affidavit and reiterating what has been stated in the complaint and produced Ex C1 to C10. Opposite Party not led any evidence.
We have heard the arguments and perused the pleadings, documents and evidence placed on record by the respective parties and answer the points are as follows:
Point No.(i): Affirmative.
Point No.(ii) & (iii): As per the final order.
R E A S O N S
5. Points No.(i) to (iii):
It could be seen on record that the Opposite Party inspite of receiving version notice not appeared nor contested the case till this date.
The Complainant filed affidavit before this Hon’ble Forum by way of evidence and produced Ex.C1 to C10. On considering the evidence and the materials placed on record, the Ex.C1 is the Original Fixed Deposit Receipt produced by the Complainant shows that the Opposite Party instead of paying Rs.10,000/- out of the Fixed Deposit of Rs.15,000/-, on 3.11.2009 the same has been once again deposited for a period of 12 months at the rate of interest at 7% per annum. The correspondences Ex.C2 to C10 revealed that the Complainant originally kept Rs.15,000/- on 18.7.2003 for one year and the same was got matured for repayment on 17.7.2004 and the said amount was not paid on maturity and the same was renewed as per F.D.R.No.1/2005-06 dated 9.7.2005. Further it reveals that the Complainant had written several correspondences demanding to pay the above said amount, finally on 2.11.2009 Rs.12,000/- was paid and rest of the amount was not paid by the Opposite Party and the same has been kept under Ex.C1 for further period of one year at the rate of 7% per annum. In the above correspondences the Opposite Party categorically admitted that the 10% interest considered and paid Rs.12,000/- on 2.11.2009. That shows the Opposite Party agreed to pay interest at 10% per annum. It is very strange to note that the Ex.C1 issued at the rate of 7% per annum which cannot be believed that the Complainant had consented to renew the deposit or to keep the above said amount at the rate of 7% with the Opposite Party. The above circumstances shows that the Opposite Party without repaying the amount kept the deposit without the consent of the Complainant. Apart from that, the entire evidence filed by the Complainant is not contradicted and controverted by the Opposite Party. The evidence of affidavit unless controverted/contradicted is to be acted upon. The Ex.C6 i.e. letter dated 9.12.2009, wherein, the Complainant calculated the rate of interest on Fixed Deposit amount kept by her as per the letter issued by the Opposite Party at the rate of 10% per annum. After considering rate of interest at 10% per annum the rate of interest for 6 years 4 months 2 days on Rs.15,000/- the interest payable at 10% per annum it comes to Rs.12,360/- which is correct. But in the given case the interest considered by the Opposite Party was of Rs.7,000/- is not correct. In fact the Complainant is entitled Rs.12,360/- for the above said period as accrued interest on the above said Fixed Deposit. However, the Complainant admitted that Rs.12,000/- has been paid on 2.11.2009. It could be seen that Rs.10,000/- again retained with the Opposite Party as deposit for another one year at the rate of 7% interest without the consent of the Complainant. That the Opposite Party should not have done the same. The Opposite Party ought to have paid the entire amount to the Complainant along with accrued interest at 10% per annum from the date of deposit, but in the given case the Opposite Party paid only Rs.12,000/- out of the above said amount on 2.11.2009. Rest of the amount is still due and the calculation of interest arrived by the Opposite Party is not correct. Therefore, we are of the considered opinion that the rate of interest calculated by the Complainant in this case in Ex C6 appears to be correct and the Opposite Party failed to pay the said amount till this date amounts to deficiency in service.
In view of the above discussion, we hold that the Opposite Party i.e. Mogera Credit Co-operative Society Ltd. (R) represented by Chief Executive Officer is hereby directed to pay Rs.15,360/- (Rupees Fifteen Thousand Three hundred Sixty only) along with interest at 12% per annum from 2.11.2009 till the date of realization.
In the present case, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded. Rs.1,000/- awarded as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.
6. In the result, we pass the following:
O R D E R
The complaint is allowed. The Opposite Party i.e. Mogera Credit Co-operative Society Ltd. (R) represented by Chief Executive Officer is hereby directed to pay Rs.15,360/- (Rupees Fifteen Thousand Three hundred Sixty only) along with interest at 12% per annum from 2.11.2009 till the date of realization and Rs.1,000/- awarded as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.
The F.D.R. if any, deposited by the Complainant be returned fourth with by substituting the certified.
Copy of this order as per statutory requirements be forward to the parties free of costs and file shall be consigned to record room.
(Dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 19 day of April 2010).
PRESIDENT
(SMT. ASHA SHETTY)
MEMBER MEMBER
(SRI. K.RAMACHANDRA) (SMT. LAVANYA M.RAI)
ANNEXURE
WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT:
CW1 – Smt.M.Savithri – Complainant.
DOCUMENTS PRODUCED ON BEHALF OF THE COMPLAINANT:
Ex C1: 3.11.2009: Fixed Deposit Receipt No.2/2009-10.
Ex C2: 10.7.2004: Request letter of Complainant to Opposite Party.
Ex C3: 20.9.2005: Request letter of Complainant to Opposite Party.
Ex C4: 13.05.2006: Request Letter Complainant to Opposite Party.
Ex C5: 12.10.2006: Request Letter Complainant to Opposite Party.
Ex C6: 9.12.2009: Request letter. Complainant to the Opposite Party
Ex C7: : Postal Acknowledgement.
Ex C8: 9.7.2005: Letter issued by the Opposite Party to the
Complainant.
Ex C9: 8.7.2006: Letter issued by the Opposite Party to the
Complainant.
Ex C10: 13.10.2009: Letter issued by the Opposite Party to the
Complainant.
COURT DOCUMENTS:
Doc No.1: Postal Acknowledgement.
WITNESSES EXAMINED ON BEHALF OF THE OPPOSITE PARTY:
-Nil-
DOCUMENTS PRODUCED ON BEHALF OF THE OPPOSITE PARTY:
-Nil-
Dated:19/04/2010 PRESIDENT
