Complaint filed on: 06-01-2016

                                                      Disposed on: 27-07-2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.07/2016

DATED THIS THE 27^th DAY OF JULY 2016

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT,

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A, LADY MEMBER

Complainant: -                

                                                Sri.S.C.Shashidhara,

                                                S/o. S.M.Chandrappa,

                                                Aged about 48 years,

                                                Residing at C/o. Rajabuddi,                                                  Sri Gurubasava Linga Krupa,                                                        1^st Block, 3^rd Cross,

                                                Kuvempunagara,

                                                Tumakuru City

                                                (By Advocate Sri.T.S.Niranjan)

V/s

Opposite party:-                               

                                        The Chief Executive officer,

                                                City Pattina Sahakara Sangha

Niyamitha, 2^nd Main Road, New Mandipet,

Tumakuru City-572 101.

(By Advocate Sri.Premkumar)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

The complainant has filed this complaint Under Section 12 of the Consumer Protection Act 1986 against the OP alleging deficiency in service on the part of OP and prays to direct the OP to pay the entire maturity amount covered under the above said FDR with interest@ 18% p.a. from the date of maturity till its realization of entire amount along with Rs.50,000=00 towards deficiency and negligent act,  in the interest of justice and equity. 

2. The brief facts of the complaint is as under:-

The complainant submitted that, he is one of the customer of OP’s City Pattina Sahakara Sangha Niyamitha. On the assurance made by the OP, the complainant had deposited a sum of Rs.50,000=00 on 22-5-2008 as deposit  for a period of 75 months, vide FDR No.153 and LF No.153/1. The above said Fixed Deposit Receipt matured on 22-8-2014 for Rs.1,00,000=00. The complainant further submitted that, after maturity of the said FD receipt, she has requested the OP to pay the maturity amount of the FD receipt, but the OP has failed to pay the maturity amount of the FD receipt. Hence, the complainant got issued a legal notice through her counsel on 30-5-2015 calling upon the OP to pay the maturity amount of FD receipt, but the OP in spite of receipt of legal notice, failed to settle the claim. Hence the present complaint is filed.   

3. After service of the notice, the OP has appeared through her counsel and filed version contending interalia as under:  

In the version, the OP has submitted that, the complaint is not maintainable and sustainable either in law or on facts and the same is liable to be dismissed in limine.  The OP further submitted that, the complaint filed by the complainant is not in accordance with law and the same is liable to be dismissed as the complainant involves substantial question of law.

Further submitted that, as the complainant has filed a complaint against the President of OP in the individual capacity of the President which is not maintainable in the eye of law. The OP further submitted that, the complaint is also not maintainable for the reason, the complainant has filed a joint complaint which is having different cause of action and the complainant is seeking relief for the cause of action which has not arisen at all or there is absence of cause of action as on the date of filing of the complaint.

 The OP further submitted that, the OP has denied the fact that, the complainant has deposited the amount in the OP’s sangha on the respective date as stated by the complainant in his complaint and the same is to be substantiated by the complainant by producing the original deposits. The OP further denied that, the averments made in the para 2 to 5 of complaint are denied in entirety and the complainant has to prove the same beyond reasonable doubt by producing the relevant documents.

The OP further submitted that, there is no cause of action for the complaint and considering the pleading of the complaint and the complaint is barred by law and as procedure adopted by the complainant in filing this complaint is not in accordance with law and under the said grounds the complaint is liable to be dismissed, in the interest of justice and equity.

          4. So as to prove the case, the complainant has filed her affidavit by way of evidence and produced original cash certificate and copy of legal notice. On the other hand, one D.G.Sangameshwara working as Manager has filed his affidavit by way of evidence on behalf of the OP and no documents are produced. We have heard the arguments of both parties and posted the case for order.  

5. Based on the above materials, the following issues will arise for our consideration.

1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?

2. What Order?

6. Our answer to the above issues are as under:

Issue No.1:           In the Affirmative

Issue No.2:           As per final order below                       

REASONS

7. Issue No.1: On perusal of pleadings and evidence of both the parties, it is an admitted fact that, the complainant had obtained Fixed Deposit Receipt vide no.153 on 22-5-2008 for Rs.50,000=00.

8. The contention of the complainant is that, after the maturity date of the said Fixed Deposit Receipt, the complainant has requested the OP on several times to pay the maturity amount of the Fixed Deposit Receipt, but the OP has failed to pay the maturity amount of the said Fixed Deposit Receipt, hence the complaint.

9. Per-contra, the OP has contended that, the above said Fixed Deposit Receipt is not matured at the time of filling of the complaint. Hence, there is no cause of action arose at the time of filing of this complaint.

10. Admittedly, the complainant had purchased Fixed Deposit Receipt vide no.153 dated 22-5-2008 for Rs.50,000=00. As per cash certificate, it is seen that, the maturity date was written in the said Fixed Deposit Receipt as 22-8-2014 and the maturity amount is written as Rs.1,00,000=00. Further, the complainant filed this complaint on 6-1-2016. Hence, we are of the opinion that, the cause of action arose at the time of filing of this complaint.

11. Further, the OP has not disputed the Fixed Deposit Receipt or the maturity amount. Hence, it is the bounden duty of the OP to pay the maturity amount of the Fixed Deposit Receipt. Hence, there is deficiency of service on the part of the OP.

12. Further, the OP has taken a contention that, the complaint is not maintainable as the complainant has filed a joint complaint which is having different cause of action. Admittedly, there is deficiency of service on the part of the OP. Since, the OP has not paid the maturity amount of the Fixed Deposit Receipt bearing no.153, by not doing so, the OP has committed deficiency of service. Therefore, the contention raised by the OP that, the joint complaint to be filed by the complainant does not hold any water. Hence, on the above discussion, we are of the opinion that, the OP has committed deficiency of service. Accordingly, we answer the point no.1 in the affirmative.

13. Issue No.2: In the result, the OP is liable to pay the maturity amount of the said Fixed Deposit Receipt along with interest @ 9% p.a. from the date of maturity of the Fixed Deposit Receipt to till the date of payment. The complainant has claimed Rs.50,000=00 towards deficiency of service and negligent act. The interest awarded on the payable amount itself suffices the complainant. Hence we decline to award the said relief as prayed for by the complainant. But the complainant is entitled for Rs.3,000=00 towards litigation cost. Accordingly, we proceed to pass the following:

O R D E R

1. The complaint filed by the complainant is allowed in part with cost of Rs.3,000=00.
2. The OP is directed to pay the maturity amount of Fixed Deposit Receipt bearing no.87 together with interest @ 9% p.a. from the date of maturity amount to till the date of payment.
3. The OPs is further directed to comply the above order within 30 days from the date of receipt/knowledge of the order.
4. Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 27^th day of July 2016).

MEMBER                   MEMBER                   PRESIDENT