CC Filed on 06.11.2007<br /> Disposed on 16.04.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated 16.04.2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.274/2007<br /> <br /> Jayashree,<br /> Aged about 9 years,<br /> D/o Pushpalatha,<br /> Opposite Municipal Office,<br /> DVG Road,<br /> Bagepalli Town,<br /> Chikkaballapur District. Complainant<br /> (Since minor by her next friend mother Pushpalatha)<br /> (By Advocate Sri. B.N.Dathathreya & Others)<br /> <br /> V/S<br /> 1. The Managing Director,<br /> The Kolar District Co-operative <br /> Central Bank Ltd., <br /> Kolar District,<br /> Kolar.<br /> 2. The Branch Manager,<br /> The Kolar District Co-operative <br /> Central Bank Ltd.,<br /> Branch at Bagepalli,<br /> Bagepalli – 561 207. Opposite Parties<br /> (By Advocate Sri. Bisappa Gowda & Others) <br /> <br /> ORDERS<br /> <br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay a sum of Rs.84,901/- to the complainant with current and future interest at <br /> <br /> <br /> CC No.274/2007<br /> 13% per annum from the date of complaint till the date of realization with costs etc.,<br /> <br /> 2. The opposite party No.1 is a banking institution having its head office at Kolar and branches all over Kolar District. Opposite party No.2 is one of the branches situated at Bagepalli Town. Opposite party No.2 collected deposit from the next friend of complainant, the particulars of which are as follows: <br /> Nature of Deposit Amount of Deposit in Rs. Date of Deposit Date of Maturity Rate of Interest per annum Maturity Amount in Rs.<br /> Ksheera Nidhi Deposit Sl. No.3795 35000 22.06.2001 22.12.2006 13% 70738<br /> <br /> It is alleged by complainant that even after maturity of deposit the opposite parties failed to repay the amount inspite of repeated demands. <br /> <br /> 3. The opposite parties appeared through counsel. They admitted the receipt of deposit and the maturity value. They contended during argument that due to financial crises the deposit could not be repaid within time. Further they contended that under provisions of the Karnataka Co-operative Societies Act 1959, the present complaint is not maintainable. <br /> <br /> 4. We heard the learned counsel for parties and perused the records. The non-payment of deposit after its maturity by a banking institution for any reason amounts to deficiency in service. The contention of the opposite parties that the complaint is not maintainable under the provisions of Karnataka Co-operative Societies Act 1959, is not well founded. The complainant can approach this Forum for redressal of his <br /> CC No.274/2007<br /> grievance inspite of certain remedies available under the Karnataka Co-operative Societies Act 1959. <br /> <br /> The subsequent interest may be awarded at 8% per annum on the maturity amount subsequent to the date of maturity. Separate compensation need not be awarded as interest is payable. <br /> <br /> 5. For the above reasons we pass the following:<br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The opposite parties shall pay Rs.70,738/- (Seventy Thousand Seven Hundred Thirty Eight only) to the next friend of complainant with interest at 8% per annum on the said amount from 23.12.2006 till the date of payment within 45 days from the date of this order.<br /> <br /> The next friend of the complainant who received the amount stated above shall deposit the same in 30 days from the date receipt in the name of complainant in any Nationalized Bank till the complainant attains majority. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 16th day of April 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br />