CC Filed on 05.12.2007<br /> Disposed on 08.04.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated 08.04.2008<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.290/2007<br /> <br /> Sri. B.S.Nagabushan Rao,<br /> S/o Late Subbarayappa,<br /> Age 66 years,<br /> Retired Teacher,<br /> C/o Krishnappa,<br /> No.99-3, Sarada Nilaya,<br /> R.M.V. 2nd stage,<br /> Lottagollahalli,<br /> Bangalore – 560 094. Complainant <br /> (By Advocate Sri. M.P.Narayanaswamy)<br /> <br /> V/S<br /> 1. Manager,<br /> Head Office,<br /> District Co-operative Central<br /> Bank Ltd.,<br /> Kolar – 563 101.<br /> 2. Branch Manager,<br /> District Co-operative Central<br /> Bank Ltd.,<br /> Gowribidanur Branch,<br /> Gowribidanur – 561 208. 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.1,97,449/- to the complainant with current and future interest till the date of realization with costs etc.,<br /> CC No.290/2007<br /> 2. The material facts of the case, as may be gathered from the records may be stated as fallows: The complainant deposited certain amounts with opposite party No.2. The opposite parties failed to repay the maturity amount of the deposits. It might be due to the financial difficulties of opposite parties. The amounts payable to complainant were transferred to his SB account. The amount due under SB account is Rs.1,97,449/- as on 12.01.2007. <br /> <br /> It is alleged by complainant that the opposite parties failed to repay the amount in deposit in SB account inspite of demand for withdrawal of amount. <br /> <br /> The opposite parties took certain legal objections contending that the present complaint is not maintainable under the provisions of the Karnataka Co-operative Societies Act. They did not deny the non payment of amount to complainant from his SB account as per his demands. <br /> <br /> 3. Heard the learned counsel for the parties, perused the records.<br /> <br /> 4. Non payment of amount in deposit in SB account is clearly deficiency in service by a banker. It appears by transferring the amount due on fixed deposits to SB account the opposite party No.2 is trying to evade payment of proper interest on the amount due. It is found that only small amounts were repaid from the SB account to complainant. <br /> <br /> <br /> <br /> <br /> <br /> <br /> CC No.290/2007<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.1,97,449/- to complainant with interest at 8% per annum on the said amount from 12.01.2007 till the date of payment less the amounts paid if any under SB account subsequent to 12.01.2007 with counter interest at the same rate. The amount due under this order shall be paid within 30 days from the date of this order. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 8th day of April 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT <br /> <br /> <br />