THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101 consumer case(CC) No. CC/07/289
P.M.Chikkaiah
...........Appellant(s)
Vs.
The Branch Manager The Manager
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 05.12.2007 Disposed on 08.04.2008 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated 08.04.2008 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No.289/2007 1. Sri. P.M.Chikkaiah, S/o Late Mallaiah, Age 63 years, Retired Teacher. 2. Smt. Muddamma, W/o P.M.Chikkaiah, Age 53 years. Both are residing at Pannenahalli Village, Thogarighatta Post, Koratagere Taluk, Tumkur District. Complainants (By Advocate Sri. M.P.Narayanaswamy) V/S 1. Manager, Head Office, District Co-operative Central Bank Ltd., Kolar 563 101. 2. Branch Manager, District Co-operative Central Bank Ltd., Gowribidanur Branch, Gowribidanur 561 208. Opposite Parties (By Advocate Sri. Bisappa Gowda & Others) ORDERS --- This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay a CC No.289/2007 sum of Rs.1,69,584/- to the complainants with current and future interest till the date of realization with costs etc., 2. The material facts of the case, as may be gathered from the records may be stated as fallows: The complainants 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 complainants were transferred to their respective SB accounts. The amount due under SB accounts are as fallows: Complainant No.1 SB A/c No.17045 Rs.1,38,208/- as on 23.01.2007 Complainant No.2 SB A/c No.20240 Rs.31376/- as on 23.01.2007 The total amount due was Rs.1,69,584/- from both SB accounts. It is alleged by complainants that the opposite parties failed to repay the amount in deposit in SB accounts inspite of demand for withdrawal of amount. 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 complainants from their SB accounts as per their demands. 3. Heard the learned counsel for the parties, perused the records. CC No.289/2007 4. Non payment of amount in deposit in SB accounts is clearly deficiency in service by a banker. It appears by transferring the amount due on fixed deposits to SB accounts 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 accounts to complainants. 5. For the above reasons we pass the following: O R D E R The complaint is allowed with costs of Rs.1,000/-. The opposite parties shall pay Rs.1,38,208/- and Rs.31,376/- to complainants 1 and 2 respectively with interest at 8% per annum on the said amounts from 23.01.2007 till the date of payment less the amounts paid if any under respective SB accounts subsequent to 23.01.2007 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. Dictated to the Stenographer, corrected and pronounced in open Forum this the 8th day of April 2008. MEMBER MEMBER PRESIDENT
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