Complaint filed on: 03-06-2022
Disposed on: 20-08-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
#201, 202, 1st Floor, Indian Red Cross Building Complex,
Ashoka Road, Tumakuru-572 101.
DATED THIS THE 20th DAY OF August, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A. L.L.B, LADY MEMBER
CC.No.100/2022
Sri. S.Shankarappa S/o Seetharamappa
A/a 69 years, R/o Manasa Sadhana,
Near Sapthagiri PU College, Sapthagiri
Extension, Tumakuru.
……….C.C.No.74/2020
(By Sri. Inayathulla Shariff, Advocate)
V/s
The Chief Executive Officer,
Prashanth Vividoddesha Souharda
Sahakari Niyamitha, Puttamane, 1st Cross,
Janani Hospita Building in fornt of Govt
Hospital, Gandhinagar, Tumkur
Now at Opp. RTO office, Nanjundappa
Building, Canara Bank, Ground Floor,
B.H.Road, Tumkur.
(By Sri. D.C.Himananda, Advocate)
:ORDER:
SMT.G.T.VIJAYALAKSHMI, PRESIDENT
The complainant has filed this complaint alleging deficiency in service on the part of OP and requesting to direct the OP to pay the S.B. Account amount of Rs.2,55,653/- in favour of complainant and further prays to direct the OP to pay compensation of Rs.30,000/- as damages for deficiency in service.
2. The brief facts of the complaint are as under:
The complainant is a S.B.Account holder of OP and also Pigmi collector in the OP/Bank. The complainant further submitted that he had a balance of Rs.2,55,653/- in his S.B. Account and due to his legal necessities, he requested the OP to pay the S.B. Amount, but the OP refused to pay the amount and thereafter the complainant gave a written requisition on 20.09.2021 requesting the OP to pay the S.B. Amount, But OP again refused to pay the said amount. Hence, the complainant issued legal notice on 07.03.2022 calling upon the OP to pay the amount, but though on receipt of the legal notice, the OP neither paid the amount nor replied to the legal notice. Hence, this complaint.
3. After service of notice, the OP did not appear before this Commission and remained absent throughout the proceedings.
4. The Complainant has filed his affidavit evidence and marked the documents at Ex.P1 to P8.
5. We have heard the arguments of complainant.
6. . The points that would arise for determination are as under:
1) Whether the complainant proves that there is
deficiency in service on the part of OP?
2) Is complainant entitled to the reliefs sought for?
7. Our findings to the aforesaid points are as under:
Point No.1: Partly in the affirmative
Point No.2: As per the final order
:R E A S O N S:
Point Nos.(1) & (2):
8. To prove the case of the complainant, the complainant has produced Ex.P1 & P2 related to S.B. Account pass book S.B/Account/135. Ex.P2 shows balance in the S.B. Account i.e. Rs.2,55,653/-. The complainant also produced Ex.P5 related to requisition letter submitted to the OP for return the money on 20.09.2021. The OPs though received the requisition for return the account in the S.B. Account No.135, neither responded nor returned the money to the complainant. The OP though they have served with legal notice dated:07.03.2022 and Commission notice did not come forward to challenge the case of the complainant. The OP has committed deficiency of service in not returning the amount deposited in the S.B. Account by the complainant.
9. The OP has compelled the complainant to approach this Commission, thereby the complainant suffered mental agony and for that, the OP shall pay compensation of Rs.5,000/- and litigation cost of Rs.5,000/-. Accordingly, we pass the following:-
-:ORDER:-
The complaint is allowed in part.
The OP is directed to pay Rs.2,55,653/- with interest @ 8% PA from the date of requisition given by the complainant to the OP to pay the S.B. Account i.e. on 20.09.2021 till realization.
The OP is further directed to pay Rs.5,000/- as compensation and Rs.5,000/- as litigation expenses.
The OP is further directed to comply the above order within 30 days from the date of receipt/knowledge of this order.
Furnish copy of this order to both parties at free of costs.
