Complaint filed on: 03-06-2016
Disposed on: 22-02-2017
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.76/2016
DATED THIS THE 22nd DAY OF FEBRUARY 2017
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A, LADY MEMBER
Complainant: -
Bharathamma
W/o. G.R.Venkatarao,
Age: 70 years,
House wife, Aacharyara Beedi,
Agrahara, Chickpet,
Tumakuru town
(By Advocate Sri.Basavaraj.N.R.)
V/s
Opposite party:-
The Chief Executive officer,
City Pattina Sahakara Sangha
Niyamitha, 2nd Main Road, New Mandipet,
Tumakuru
(By Advocate Sri.R.Prem Kumar)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint is filed by the complainant against the OP under Section 12 of the Consumer Protection Act 1986. The complainant prays to direct the OP to pay fixed deposit amount and to pay Rs.2,00,000=00 towards mental agony, financial loss and other expenditure, in the interest of justice and equity.
2. The brief facts of the complaint is as under:-
The complainant submitted that, she is one of the customer’s of OP’s City Pattina Sahakara Sangha Niyamitha. The complainant had obtained four cash certificates vide Sl. No.154 to 157 by depositing of Rs.50,000=00 each from the OP on 23-5-2008 as fixed deposit for a period of 75 months. After receipt of the said amount, the OP has agreed to pay a sum of Rs.1,00,000=00 after completion of fixed deposit period. The above said FD/cash certificates had matured on 28-4-2014.
The complainant submitted that, after maturity of the said FD/cash certificate, the complainant requested the OP to pay the maturity amount of the FD/cash certificate, but the OP has extended the maturity date to 24-5-2015 and assured to give 9.5% interest on the maturity amount. Again the complainant has visited the OP society on 24-5-2015 and the OP has renewed the bond at 8.5% interest for the maturity amount and the due date mentioned as 24-8-2015 for the maturity amount of Rs.1,09,015/-. After the maturity date of the bond, the complainant visited on 10-10-2015, the OP society assured to give 8.5% interest for the maturity amount of Rs.1,11,434=00 on 24-11-2015. The complainant further submitted that she approached the OP to pay the maturity amount of the FD/cash certificate. The OP has postponed the payment of the FD/cash certificate by giving one or the other reasons. Hence, the complainant got issued a legal notice through her counsel on 4-4-2016 calling upon the OP to pay the maturity amount of FD/cash certificate, but the OP in spite of receipt of legal notice, failed to settle the claim of the complainant. Hence the present complaint is filed.
3. After service of the notice, the OP has appeared through his counsel and prayed time to file version. Despite granting sufficient time, the OP did not file version and it is taken in the order sheet as no version filed by OP and posted the case for filing affidavit of complainant.
4. So as to prove the case, the complainant has filed her affidavit by way of evidence and produced Xerox copies of four cash certificates vide No.154 to 157 and copy of legal notice dated 4-4-2016 and postal acknowledgement.
5. We have heard the arguments of complainant’s side and posted the case for order.
6. Based on the above materials, the following issues will arise for our consideration.
- Whether there was deficiency in service on the part of the OP as alleged by the complainant?
- What Order?
7. Our answer to the above issues are as under:
Issue No.1: In the Affirmative
Issue No.2: As per final order below
REASONS
8. The complainant has firmly stated in her affidavit evidence that, on 23-05-2008 the complainant had obtained four Cash Certificates vide No.154 to 157 from the OP’s City Patthina Sahakara Sangha Niyamitha issued in the name of complainant for a sum of Rs.50,000=00 each in total Rs.2,00,000=00. The above said Cash certificates had matured on 24-11-2015. After maturity of the deposit amount, the complainant had approached the OP and requested for repayment of the said cash certificate amount. But the OP did not repay the said cash certificate amount to the complainant, which amounts to deficiency in sercvie on the part of the OP. Hence, the present complaint is filed.
9. The above said assertions of the complainant have remained unchallenged. The OP has neither filed version nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the sworn testimony of the complainant.
10. The complainant had produced four copies of cash certificate dated 23-5-2008 for a sum of Rs.50,000=00 each and maturity dates are mentioned as 24-8-2014 and it was again renewed on 9-9-2014, 12-12-2014, 25-6-2015 and finally on 10-10-2015. The maturity of the above said bound mentioned as 24-11-2015. The maturity amount are mentioned as Rs.1,11,434=00 each. The complainant has also produced legal notice dated 4-4-2016 along with post acknowledgement receipt.
11. The said oral and documentary evidence of complainant that, after maturity of the cash certificate, the OP did not pay the cash certificate amount and also not responded to the legal notice of complainant. The OP has neither given reply nor refunded her cash certificate amount stands corroborated by documents of complainant as mentioned above.
12. On making careful scrutiny of the case of complainant on the back ground of oral and documentary evidence of complainant placed before the forum, it is made crystal clear that, the complainant has proved with believable material evidence that, the OP has not given cash certificate amount to the complainant, after maturity of the cash certificate amount. The complainant had issued legal notice to the OP to repay the cash certificate amount, inspite of it, no response from the OP. The act of OP in not repaying the cash certificate amount to the complainant as agreed, after collecting the cash certificate amount from complainant it amounts to deficiency in service on the part of the OP. The oral and documentary evidence of complainant, we are of the view that, the complainant has established with clear and tangible material evidence that the OP is negligent and there is deficiency in service on the part of the OP in not repaying the cash certificate amount to the complainant. So the complainant is entitled to claim four cash certificate amount of Rs.1,11434=00 each in total Rs.4,45,736=00 from the OP.
13. From the material evidence on record placed by complainant, it is disclosed that, the cash certificate amount of complainant was lying with the OP since 24-11-2015. After maturity of the cash certificate, the OP has not returned the cash certificate amount to the complainant and on account of the said act of OP, the complainant has been put to both physical and financial harassment by OP for no fault of complainant. Hence, we award compensation of Rs.5,000=00 and Rs.3,000=00 towards litigation cost along with maturity bound amount along with 9% interest p.a. from the date of complaint. This order is to be complied by the OP within 30 days from the date of receipt of this order. Accordingly, the complaint of complainant is partly sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:
ORDER
The complaint is partly allowed.
The OP is directed to repay the four cash certificate (Vide No.154 to 157) amount of Rs.1,11,434=00 each in total Rs.4,45,736=00 to the complainant along with 9% interest per annum from the date of maturity of the bond i.e. on 24-11-2015 till the date of realization.
The OP is further directed to pay Rs.5,000=00 towards compensation and Rs.3,000=00 towards cost of litigation respectively.
This order is to be complied by the OP within 30 days from the date of receipt of this order.
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 22nd day of February 2017).
LADY MEMBER PRESIDENT
