IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MADIKERI

O R D E R

           SMT. N.R. ROOPA, MEMBER

1. This complaint filed by the complainant against the opposite parties (herein after called as opposite parties) under section 12 of the Consumer Protection Act, 1986.  The complainant prays to direct the opposite parties to pay a sum of Rs.6,12,850-00 with 11% interest,  to pay compensation of Rs.25,000/-and cost of this complaint to the complainant.

2. The brief facts of the complaint is as under;

1. The complainant submits that he is working as a Machanic at Kushalnagar Town of Somwarpet Taluk, Kodagu District.  The opposite party No.1 is the Manager and opposite party no.2 is the President of the Car Owners and Driver’s Multipurpose Co-operative Society Ltd., Kushalnagar.
2. The complainant submits that as per the request of the opposite parties the complainant has deposited a sum of Rs.5,00,000-00 (rupees five lakhs) only as fixed deposit for three years at the interest rate of 11% per year.  To that effect the opposite parties issued fixed deposit receipt dated 23-11-2017, bearing No.F.D.R.47.  As per the request of the opposite parties the complainant has deposited the said fixed deposit for the year of three years however at the request of the opposite parties said fixed deposits with accrued interest would be refunded after one year that is on 23-11-2018.
3. The complainant further submits that for the purpose of constructing a new  residential house and also to taking treatment to the mother of the complainant, the complainant has requested with the opposite parties to withdraw the said fixed deposits.  But opposite parties refused to withdraw the said fixed deposits.  The opposite parties have not agreed to withdraw a portion of the said entire fixed deposits.  Because of act of the opposite parties the complainant has lost the confidence with opposite parties bank and he is intends to withdraw entire fixed deposit of Rs.5,00,000-00 for the above purpose.
4. The complainant further submits that as per request of the opposite parties, the complainant has opened three pigmy account bearing Account No.481, standing balance of Rs.1,01,150/- (Rupees one lakh one thousand one fifty only) and in Account  No.837 standing Rs.29,050-00 (Rupees twenty nine thousand fifty ) only and in account no.911, standing Rs.22,650-00(rupees twenty two thousand six hundred and fifty )only the same is also matured.  The opposite parties are liable to pay a sum of Rs.5,00,000-00 with accrued interest thereon from 23-11-2017 till payment.
5. A pigmy amount a sum of Rs.1,52,850/- with interest from 23-11-2018.  The complainant has received a sum of Rs.40,000-00 (Rupees forty thousand only) from the opposite parties pertaining to pigmy amount.  Hence the opposite parties are liable to pay a sum of Rs.6,12,850-00 with accrued interest.
6. The complainant has been undergoing great mental anxiety due to nonpayment of the said amount by the opposite parties.  Hence the opposite parties is also liable to pay the compensation of Rs.25,000-00 to the complainant.  The act of the opposite parties is amount to the deficiency of service.
7. The complainant has got issued legal notice to the opposite parties on 29-10-2018 and they got issued evasive reply to the said notice and not complied the legal demand of the complainant.  However the opposite parties had paid a sum of Rs.40,000-00 (Rupees forty thousand only) to the complainant pertaining to the pigmy amount and failed to pay the balance amount.  Hence this complaint.

3. Despite service of notice opposite parties did appear through their counsel and filed version.  The sum and substance of the version of the opposite parties are that, the opposite parties had already admitted the claim and therefore issued a reply notice dated 10-12-2018 and requested the complainant to give some time to settle the matter, as the opposite parties were arranging money to pay the outstanding.  The opposite parties further submits that, the complainant had received part of the petition claim amount and further has reinvested the remaining balance amount of Rs.4,00,000-00 in the opposite parties society as fixed deposit for further period of 18 months.  The complainant has closed the pigmy account No.481 on 30-05-2019 and has received the said amount from the society.  Further has also surrendered the fixed deposit certificate bearing no.47 issued to him on 23-11-2017 to the opposite parties society.  Hence on these grounds prays for dismissal of the complaint.

4. So from the averments of the complaint of complainant and version of the opposite parties the following points arise for our consideration.
   1. Whether the complainant has proved the alleged deficiency in service by the opposite parties? If so whether he entitled for the relief sought for?
   2. What order?

5. Our answers to the above points are as under;
   1. Point No.1:- In the Negative
   2. Point No.2:- As per the final order for the        

following

R E A S O N S

6. Point No.1:- So as to prove the case, the complainant to substantiate his case filed affidavit by way of evidence and got marked the documents as Ex-P1 to P7.  On the other hand Manager of opposite party No.1 filed affidavit evidence on behalf of opposite party no.2 also.  And got marked the documents as Ex.R1 to R9.  Both filed written arguments.  We have heard the arguments of both parties and we have gone through the oral and documentary evidence of both sides in between lines.  

7. After filed this complaint the complainant has received part of the petition claim of Rs.1,00,000-00 and further has reinvested the remaining balance amount of      Rs.4,00,000-00 in the opposite parties society as fixed deposit of further period of 18 months on 20-06-2019.  According to EX R1 to R9 documents produced by opposite parties, it shows that, the complainant settled the matter with opposite parties out of this Commission.  After filed this complaint the complainant has done new transaction with opposite parties without bring notice to this Commission.  This is new transaction done between complainant and opposite parties.  This transaction not related this complaint.  The prayer of complainant in this complaint is settled.  But the prayer of complainant in his affidavit by way of evidence is different.  So in view of discussion made hitherto we are inclined to come to straight conclusion that, the complainant who comes to Commission seeking relief has utterly failed to prove this point with clear and tangible material evidence that, the opposite parties are negligent and there is deficiency of service on the part of the opposite parties in rejecting his claim and accordingly we answer this point in a negative.

8. Point No:2:- In view of our negative finding on the point no.1 the complainant is not entitled to any relief as prayed in the complaint.  So we answer this in a negative.  In the result, for the foregoing reasons, we proceed to pass the following;

O R D E R

1. The complaint of complainant is hereby dismissed.  No cost.
2. Furnish copy of the order to the complainant and opposite party at free of cost.

 (Dictated to the Stenographer, transcribed, corrected and pronounced in the open Forum on this 22^nd DAY OF JANUARY,2021)

   (N.R. ROOPA)         (M.S.RAMACHANDRA)      (B. NIRMALA KUMAR)

      MEMBER                    PRESIDENT                         MEMBER