Complaints filed on: 01-02-2020

                                                      Disposed on: 22-09-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 22^nd DAY OF SEPTEMBER, 2022

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

CC.No.09/2020

Sri. G.K.Srinivasa S/o Late G.S.Kempaiah,

Aged about 65yeras, R/at Snehashree,

6^th Main Road, 2^nd Cross, Sadashivanagara,

Tumakuru City.

……….Complainant

(By Sri.S.K.Mallikarjuna, Adv.,)

V/s

Chief Executive Officer,

Sri. Sri.Uddaneshwara Credit

Co-Operative Society Ltd.,

Opp:State Bank of India,

Town Police Station Road,

Church Circle, Tumakuru City.

Sri. Sri.Uddaneshwara Credit

Co-Operative Society Ltd.,

Opp:State Bank of India,

Town Police Station Road,

Church Circle, Tumakuru City.

And also available at Sri.G.S.Shivakumar,

President of Sri. Sri.Uddaneshwara Credit

Co-Operative Society Ltd., Ex.Zilla Panchayath

Member, Gulru Village, Gulur Hobli,

Tumakuru Taluk.

Sri. Sri.Uddaneshwara Credit

Co-Operative Society Ltd.,

Opp:State Bank of India,

Town Police Station Road,

Church Circle, Tumakuru City.

(OP No.1 – Ex-party.

(OP2 by Sri.R.T.S., Adv.,)

(OP3 – in person))

                                                :O R D  E R :

SMT.NIVEDITA RAVISH -  LADY MEMBER

          This complaint is filed to direct the Opposite Parties to pay the entire amount deposited in FDRs and R.D. by the complainant with interest at the rate of 18% p.a. from the date of maturity respectively till realization of the amount along with compensation of Rs.2,00,000/- towards deficiency and negligent act and thereby caused mental harassment rendered by the Opposite Parties towards the complainant.

2.       The OP No.1 is the Manager, Chief Executive Officer, Sri.Sri. Uddaneshwar Credit Co-Operative Society Ltd., Tumkur (Hereinafter called as OP No.1), the Opposite Party No.2 is the President, Sri. G.S.Shivakumar, Sri.Sri. Uddaneshwar Credit Co-Operative Society Ltd (Hereinafter called as OP No.2), The Administrative Officer, Sri.Sri. Uddaneshwar Credit Co-Operative Society Ltd., Tumkur (Hereinafter called as OP No.3),

3.       The brief facts of the case are as under:-

          The complainant was the customer of the OP/Society and complainant had deposited the amount in the Fixed deposited receipts in the OP’s society.  The details of deposited amount, FDR Nos. date of deposit, date of maturity and maturity amount of the complainant is as in the below table.

Apart from the above said deposits, the complainant also having recurring deposit account with OP/Society on the instigation of OP No.2 bearing R.D. account No.155 which was opened on 27.11.2017 and thereby the complainant has been paying a sum of Rs.2,600/- on every month up-to August 2018.  The total amount in the R.D. account of the complainant is Rs.26,000/-. 

3(a).  After the maturity of the FDR amounts of the complainant, the complainant has approached the OP society for repayment of maturity amount and for the amount in the R.D. account for his legal necessities.  But the OPs have not made any arrangements to return the said maturity amount and R.D. amount.  Thereafter complainant has got issued legal notice on 30.08.2019.  In spite of that, the OP/Society neither replied nor complied.  Hence, this complaint.

4.       After issuing the notice from this Commission, the OP No.1 has not appeared before this Commission; hence OP No.1 placed Ex-parte.  After impleading the OP No.3, the OP No.3 was appeared in person and filed four documents.

4(a)   The OP No.2 in his version has submitted that all the allegation made by the complainant is denied as false.  Further, the OP No.2 has submitted that he is resigned to the post of President on 28.08.2018 itself and when this OP No.2 was not in the Post of President of the said Society, the question of rejecting the claim of the complainant does not arise.  Further, the OP No.2 has submitted that the signatures on the FDR are not belongs to OP No.2, the signature of OP No.2 was created and concocted by the complainant himself.  Further the OP No.2 has submitted that, the complainant having every knowledge about the resignation of this OP No.2 during the year 2018, even knowing the fact also without made the present president as a party to the above complaint with intend to harass and to cause mental torture to OP No.2 and the OP No.2 is a stranger to the said society at present, hence the complaint is not sustainable against OP No.2  Accordingly, the OP No.2 has prayed for dismiss the complaint against the OP No.2. 

5.       The complaint was dismissed for non-prosecution on 22.10.2020 and the same was restored as per the orders of Hon’ble State Commission in the appeal No.129/2020 dated:26.08.2021.

6.       The complainant has filed his affidavit evidence with eleven documents, which are marked as Ex.P1 to P11 and OP No.2 has also field his affidavit evidence with five documents which are marked as Ex.R1 to R5.

7.       The complainant and OP No.2 have filed their written arguments and we also heard the arguments of the complainant, OP No.2 and OP No.3 and the points that would arise for determination are as under:

1. Whether the complainant proves deficiency in service on the part of OPs?

2. Is complainant is entitled to the relief sought for?

8.        Our findings on the aforesaid points are as under:

Point No.1: Partly Affirmative

Point No.2: As per final order for the below

:R E A S O N S:

9.       The counsel for the complainant has argued that, the complainant has deposited Rs.50,000/- and Rs.1,00,000/- in two F.D. receipts and produced Ex.P1 and Ex.P2, which are reveal as below:

Further the counsel for the complainant has argued that the complainant has R.D. account in OP/Society which was opened on 27.11.2017 and the complainant has been paying a sum of Rs.2,600/- on every month up-to August 2018.  The total amount in R.D. account of the complainant is Rs.26,000/- and to prove the same the complainant has produced the Ex.P3, P4, P5 and P6.  These documents are clearly reveals on recurring deposit A/c No.155 which is in the name of the complainant.  These documents also proves that the particular R.D. account commenced on 27/11/2017 for the period of 60 months, its maturity date is 27/11/2022 and also reveals as maturity value of Rs.2,02,670.00 and these documents also showing that the balance amount is Rs.26,000/- on the date 27.08.2018 in the R.D. account No.155.

10.     The counsel for the OP No.2 has argued that the complaint filed by the complainant is not sustainable, because complainant has filed this complaint U/s 12 of the Consumer Protection Act, since by virtue of amendment of C.P.Act is not maintainable in law either on facts and the same is liable to be dismissed.  We perused the order sheet of this complaint and found that the complaint was filed on 01.02.2020 and Consumer Protection Act 2019 is come into force on 24.07.2020.  The present case was filed before five months from effective date of the C.P.Act 2019.  Hence, we consider the present case under section 12 of the C.P. Act is maintainable. 

11.  Further, counsel for the OP No.2 has argued that the OP No.2 was resigned to his post on 28.08.2018 itself and for that the OP No.2 has not responsible to rejection of the repayment of the FDR and RD amounts.  To prove the same, OP No.2 has produced the Ex.R1, R3, R4 and R5.  These documents reveals that the OP No.2 has wrote a resignation letter on 06.08.2018 and the resignation of OP No.2 is accepted by the Board in their meeting on 28.08.2018.  Ex.R4 reveals that, the members including OP No.2 were dated:07.10.2021 wrote a letter to the Managing Director, Karnataka State Co-Operative Society Ltd., regarding to appoint Special Administrator to look off the matters of OP/Society.  Ex.R5 the order copy of Karnataka State Co-Operative Society Ltd. dated:16.12.2021 is reflecting that one Shri Basappa was appointed as special administrator to the OP Society.  But in the same time, OP No.3 who is the special administrator was submitted documents related elections of OP/Society which was held on 26.06.2022.  The OP No.3 also produced the proceedings of the board meeting of OP/Society dated:06.07.2022 which is clearly reflecting as OP No.2 is elected as president to the OP/Society.  Hence, the OP No.2 is liable to repay the matured FD amount and RD amounts with interest to the complainant.

12.     Further, the counsel for the OP No2 has argued that the signature appeared in the FDR are not belongs to the OP No.2 and the signatures on FDR were created by the complainant for wrongful gain.  To prove the same, the OP No.2 has not filed any complaint regarding the created signature.  We found the signature of OP No.2 in Ex.P i.e. FDR 0334 and there is different signature on Ex.P2 i.e. FDR 0332.  But, being the responsible position in the OP/Society, the OP No.2 has not made any complaint regarding the created signature from 27.12.2017 to till the date.  Hence, the O P No.2 is liable to repay the maturity amount with interest in related with Ex.P1 and P2. 

13.     The OP No.3 has produced four documents which are 1) order of the Karnataka State Co-Operative Ltd., dated:16.12.2021, 2) Copy of the declaration of election results related to OP/Society dated:26.06.2022, 3) Report regarding total loan amount issued by the OP/Society and total deposited amount in OP/Society and 4)Proceedings of the board meetings.  These documents reveal that, OP No.3 has appointed as special administrator from 16.12.2021 till 26.06.2022 only.  Now new president, Directors, members are elected for the OP/Society on 26.06.2022.  Hence, we consider that OP No.3 is not liable to repay the matured FDR amount and RD amount of the complainant and complaint against OP No.3 is liable to be dismissed.

14.     It was the bounden duty of the OP/Society to return back the maturity amount to the complainant immediately after expiry of maturity date and it is also the duty of the OP/society to pay the RD amount with interest whenever the complainant wants to withdraw his money.  The OP Nos. 1 & 2 shall liable to pay matured FDR and RD amount with interest.  The complainant has prayed for interest @ 18% p.a. on these amounts.  But now the bank rate of interest has been reduced.  As such complainant is entitled for interest @ 9% p.a. on Rs.1,12,000/- from 10.01.2019 (i.e. maturity date of FDR No.334), Rs.56,000/- from 27/12/2018 (i.e., maturity date of FDR No.332) and Rs.26,000/- 27.08.2018 (i.e. balance amount in R.D. Account) till the date of realization.  Further, the complainant has prayed for Rs.2,00,000/- for compensation towards mental agony and harassment.  The complainant has not produced any documents to show that he was entitled for compensation of Rs.2,00,000/-, hence, the complainant is not entitled for the same.   But the OP Nos. 1 & 2 were compelled the complainant to approach this Commission.  Hence, the OP No.1 and 2 shall liable to pay compensation of Rs.10,000/- for mental agony suffered by the complainant and Rs.10,000/- for litigation cost towards the complainant.  In the result, we proceed to pass the following:-

:O R D E R:

The complaint filed by the complainant against OP Nos. 1 & 2 are partly allowed with cost.

The complaint against OP No.3 is dismissed.

The OP Nos. 1 & 2 are jointly and severally directed to pay Rs.1,12,000/-,  Rs.56,000/- and Rs.26,000/- along with interest @ 9% p.a. from 10.01.2019,  27.12.2018, 27.08.2018 respectively till its realization.

Further, the OP Nos. 1 & 2 are jointly and severally directed to pay compensation of Rs.10,000/- and litigation cost of Rs.10,000/- to the complainant.

The OP Nos. 1 & 2 are further directed to comply the above order within 45 days from the date of receipt/knowledge of this order.

Furnish copy of this order to both parties free of costs immediately.

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