Complaints filed on: 19-08-2022
Disposed on: 18-04-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 18th DAY OF APRIL 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
CC.No.124/2022
Shivakumar T S/o Thimmegowda,
Aged about 66 years, Rtd. Government
Employee, R/at Vishwanna Layout,
Shanthinagara, Tumakuru.
……….Complainant
( By G.K.Srinivasa, Adv.,)
V/s
1. The Manager/Chief Executive Officer,
Sri Sri Uddaneshwara Credit Co-op.
Society Ltd., Opp:State Bank of India,
Town Police Station Road,
Church Circle, Tumakuru City.
2. G.S.Shivakumar, President,
Sri Sri Uddaneshwara Credit Co-op.
Society Ltd., Opp:State Bank of India,
Town Police Station Road,
Church Circle, Tumakuru City.
And also available at
Sri Sri Uddaneshwara Credit Co-op.
Society Ltd., Ex-Zilla Panchayath Member,
Gulur Village, Gulur Hobli, Tumakuru Taluk.
3. Administrative Officer,
Sri Sri Uddaneshwara Credit Co-op.
Society Ltd., Opp:State Bank of India,
Town Police Station Road,
Church Circle, Tumakuru City.
……….Opposite Parties
(OP Nos. 1 & 2 By Sri. Tippeswamy, Advocate)
(OP No.3 absent)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint has been filed by the complainant against the OPs U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OPs to pay Rs.1,00,000/- deposited under F.D. receipt No.0345 along with interest accrued thereon with cost and compensation.
2. The brief facts of the complaint are as under:-
On the assurance made by the OPs for the guarantee of Fixed Deposit amount and good interest on the F.D. amount, the complainant deposited an amount of Rs.1,00,000/- vide FDR No.0345 in the OPs’ Society for a period of two years and the maturity amount was Rs.1,37,500/- and maturity date was 14.11.2021. It is further submitted by the complainant that due to his urgent financial needs, he approached and demanded the OPs to return the FD amount with interest, but the OPs have postponed the same by saying one or the other reasons and also not made any arrangements to return the said maturity amount. Hence, the complainant issued legal notice to the OPs, but the OPs did not pay the maturity amount even on receipt of legal notice. Hence, this complaint.
3. After receipt of notice, the OP Nos. 1 & 2 appeared and filed the version. The OP No.3 remained absent.
The OP Nos. 1 & 2 in their version contended that they were not the President and Director of the Society at that time and they resigned to their post and the said resignation was accepted by the Board of the Society. The complainant and previous CEO of the Society colluded with each other got/created the FDR by forging the signature. The signature of the OP No.2 is differ in the vakalathname and in the FDR produced by the complainant. The complainant had kept Rs.1,00,000/- F.D. on 14.11.2018 under FDR No.0341 and in that regard he has received the amount before this Commission in E.A.No.27/2022 by settling the matter. It is further contended that the OPs have not issued FDR No.0345 to the complainant and the complainant by creating the documents filed this complainant and the complainant even not produced any challan to show that he has deposited Rs.1,00,000/- separately to the Society for FDR purpose. On these among other grounds, the OPs prayed to dismiss the complaint.
4. The complainant has filed his affidavit evidence and marked the documents at Ex.P to P10. The OP No.2 has filed his affidavit evidence and marked the documents at Ex.R1 to R8.
5. We have heard the arguments from both sides counsels. The complainant also filed written arguments.
6. On perusal of pleadings and documents, the points that would arise for our consideration are:
1) Whether there is any deficiency in service on the part of OPs?
2) Whether complainant is entitled for reliefs sought for?
7. Our findings to the aforesaid points are as under:
Point No.1: Partly in the affirmative
Point No.2: As per the final order
:REASONS:
8. On perusal of evidence and documents, it is seen that the complainant claimed that on the assurance made by the OPs, the complainant deposited an amount of Rs.1,00,000/- vide FDR No.345 in the OP’s society for a period of 2 years and maturity amount was Rs.1,37,500/- and maturity date was 14/11/2021. Thereafter, due to complainant financial needs, the complainant approached the OPs to return the FD amount with interest. But the OPs postponed the same by saying one or the other reasons.
9. The OP Nos.1 & 2 contended that the complainant had kept Rs.1,00,000/- F.D. on 14.11.2018 under FDR No.0341 and in that regard he has received the amount before this Commission in E.A.No.27/2022 by settling the matter. It is further contended that the OPs have not issued FDR No.0345 to the complainant and the complainant by creating the documents filed this complainant and the complainant even not produced any challan to show that he has deposited Rs.1,00,000/- separately to the Society for FDR purpose.
10. In F.D. receipt dated:14.11.2018 i.e. Ex.P1, the account number mentioned as FQ.23 and receipt No.0345. It is specifically mentioned that Rs.1,00,000/- is repayable and interest rate is not mentioned in the F.D. receipt and F.D. amount returned date was 14.11.2021 i.e. for 03 years. The Ex.P8 is application for deposit dated:14.11.2018. As per this application, the account No.23, application No.10632 and requested to credit 3 months interest to his daughter account i.e. S.B. A/c No.517. The Ex.P9 is relating to requisition letter to OPs for withdrawal of F.D. dated:28.02.2020 and mentioned F.D. Account number is 23 and F.D. receipt number is 0341. Ex.P10 i.e. F.D. deposit ledger, the ID 10632 FQ-23 and S.B.517. The Ex.P10 and Ex.R8 are same. From the above exhibits, it is clear that the complainant stated that he has deposited Rs.1,00,000/- and to prove his deposit, he produced Ex.P1. This Ex.P1 silent regarding interest rate and the complainant not produced any document in this regard. The exhibits P8, P9 and P10 are related to F.D. receipt No.341 i.e. previous FDR of the complainant and it is already realised and the complainant failed to produce amount deposited challan for Rs.1,00,000/- to obtain FDR-0345. The OP has not produced any documents/evidence to disprove the Ex.P1 and thereby failed to substantiate their case. Considering the above facts and circumstances of the case, the OPs are liable to refund Rs.1,00,000/- to the complainant without interest and complainant is not entitled to claim any interest and compensation, but he is entitled for litigation expenses. Accordingly, we pass the following:-
:ORDER:
The complaint is allowed in part.
The Ops are jointly and severally directed to pay Rs.1,00,000/- to the complainant and Rs.2,000/- towards litigation expenses.
The OPs are jointly and severally directed to comply the above order within 45 days from the date of receipt/knowledge of the order.
Supply free copy of this order to both parties
