CC Filed on 12.08.2008<br /> Disposed on 23.10.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 23rd day of October 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.63/2008<br /> <br /> C.Narayanappa,<br /> S/o Chennappa,<br /> Aged about 75 years,<br /> R/of Bandarlahalli Village, <br /> Thoppanahalli Post, <br /> Kamasamudram Hobli,<br /> Bangarpet Taluk. Complainant <br /> <br /> (By Advocate Sri. K.P.Murali & Others) <br /> <br /> V/S<br /> 1. The Head Post Master,<br /> Kolar Head Post Office,<br /> Kolar.<br /> 2. The Post Master,<br /> Bangarpet Post Office,<br /> Bangarpet.<br /> 3. The Post Master,<br /> APMC Yard Post Office,<br /> Bangarpet.<br /> 4. The Post Master,<br /> Kamasamudram Post Office,<br /> Kamasamudram. Opposite Parties<br /> <br /> (OPs By Government Pleader Sri. P.N.Krishnareddy) <br /> <br /> ORDERS<br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay the <br /> <br /> CC No.63/2008<br /> interest on the deposits made by complainant with opposite parties 2 to 4 as and when it accrues due and for compensation and costs etc., <br /> <br /> 2. The material facts relevant for the disposal of this case may be stated as follows: That the complainant made certain deposits with OPs to 2 to 4. The interest accrued on these deposits was payable monthly to complainant. The complainant received the interests for certain period as and when it accrued due. <br /> <br /> In the mean time some dispute arose between complainant and his son and a suit for partition is filed by complainant’s son in OS 126/07 on the file of the Civil Judge (Sr. Dvn.) KGF against the complainant. The fixed deposits standing in the name of complainant with OPs 2 to 4 are also the subject matter of that suit. The Civil Court passed an interim order authorizing the complainant to receive the monthly interest on the said deposits as and when it accrued, but restrained him from withdrawing the deposits. It appears the complainant’s son came in custody of original FD receipts and also the pass books under which the complainant was withdrawing the interest. The complainant applied for duplicate pass books with respective OPs 2 to 4 alleging that the pass books were missing while he was conducting a journey from Kamasamudram to Bangarpet on 26.06.2007. The complainant’s son gave an application to OPs stating that for certain reasons he has taken custody of the original pass books and in case the complainant applies for duplicate pass books the same should not be issued to him. In view of such representation of complainant’s son, the OPs thought that original pass books were not really missing and the complainant has applied for duplicate pass books with incorrect reason. Further the OPs did not pay the monthly interest though accrued due as the complainant did not produce the pass books or its duplicate. <br /> CC No.63/2008<br /> 3. The copy of the interim order of Civil Court is produced before this Forum. We heard the parties. The OPs submitted that in the absence of pass books or the duplicate of it, they cannot pay the monthly interest accrued due and in case the complainant applies for duplicate pass books with correct reasons they would certainly issue the duplicate pass books and thereafter the complainant can receive the monthly interest accrued due. It is also submitted that in respect of one of the accounts even they have paid the interest accrued due to the complainant after filing of this complaint. In view of the above circumstances we pass the following:<br /> O R D E R <br /> <br /> The complaint is allowed. The opposite parties 2 to 4 shall issue duplicate pass books in respect of accounts maintained by them relating to complainant on making a formal application by complainant to issue such duplicate pass books and they shall pay the monthly interest accrued due on the deposits subject to further orders of <br /> Civil Court in OS 126/07 on the file of Civil Judge (Sr. Dvn.) KGF. Parties to bear their own costs in this proceedings. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 23rd day of October 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br />