Complaint filed on: 02-03-2020
Disposed on: 05-02-2021
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
CC.No.15/2020
DATED THIS THE 5th DAY OF FEBRUARY, 2021
PRESENT
SRI.C.V.MARGOOR, 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
Complainant: -
Sri.G.S.Yashas
S/o G.K.Srinivas
Aged about 34 years,
R/o Snehashree
6th Main Road, 2nd Cross,
Sadashivanagara,
Tumakuru city
(By Sri.S.K.Mallikarjuna, Advocate)
V/s
Opposite parties:-
- The Manager/ Chief Executive Officer,
Sri Sri Uddaneshwara Souharda Credit Co-Operative Society Ltd.
Opp. State Bank of India,
Town Police Station Road,
Church circle, Tumkur city
- The President,
Sri.G.S.Shivakumar
Sri Sri Uddaneshwara Souharda Credit Co-Operative Society Ltd.
Opp. State Bank of India,
Town Police Station Road,
Church circle, Tumkur city
And also available at
Sri.G.S.Shivakumar
President of Sri Sri Uddaneshwara Credit Co-operative Society Ltd,
Ex.Zilla Panchayath member, Gulur village, Gulur hobli, Tumakuru
Taluk
(OP No.1 and 2- Exparte)
ORDER
SRI.KUMARA.N, MEMBER
This complaint is filed to direct the opposite parties (hereinafter called as OP society) to pay the entire amount covered under FDRs with interest @ 18% per annum from the date of maturity. The complainant further prayed to award compensation of Rs.2,00,000.00 towards negligent act and deficiency in service.
2. After registering the complaint notice was issued to the opposite parties but the OP Nos.1 and 2 refused to receive notice hence, they were proceeded exparte.
3. The Complainant filed his affidavit in lieu of evidence and produced some documents in support of his case.
4. We have heard the oral arguments in addition to written brief submitted by the complainant and the points that would arise for determination are as under:
1) Whether the complainant proves that the act of opposite parties not returning the matured FDR amount, amounts to deficiency in service?
2) Is complainant entitled to the reliefs sought for?
5. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative.
Point No.2: In the partly affirmative
for the below
REASONS
6. Point No.1 and 2: The complainant has submitted that though he has requested the opposite parties to return the matured FD amount of Rs.1,36,000=00 (Rs.68,000.00 and Rs.68,000.00) orally as well as writing, but the OP society did not care to return the amount with interest. The OP is a society registered under the Karnataka Society Registration Act. The complainant in his affidavit as well as written arguments has reiterated the averments of the complaint.
7. The complainant has produced the copy of receipts of two FDRs bearing No.(1) FDR No.0283 dated 19-3-2016 for Rs.50,000.00 and (2) FDR No.0290 dated 21-5-2016 for Rs.50,000.00 and in turn the OPs issued bonds “Uddana Nidhi Deposit Receipt” in the name of complainant for Rs.68,000.00 and Rs.68,000.00 respectively.
8. The documents produced by the complainant which marked as Exs.P1 to P4 which are copies of FDRs and amount deposited counter foils and legal notice sent marked as Ex.P-5 prove that he has taken two bonds by paying Rs.50,000.00 each on 19-3-2016 and 21-5-2016 and maturity dates were 19-3-2019 and 21-5-2019 for Rs.68,000.00 and Rs.68,000.00 respectively. Therefore, even after the expiry of maturity date the act of opposite parties not paying the maturity amount of bonds a sum of Rs.1,36,000.00 which amounts to deficiency in service. For the above reasons, we proceed to pass the following:
ORDER
The complaint filed by Sri.G.S.Yashas is allowed directing the OP Nos.1 and 2 jointly and severely to pay a sum of Rs.1,36,000.00 to the complainant with interest at the rate of 9% per annum from the date maturity i.e. 19-3-2019 till the date of payment.
It is further ordered that the OP Nos.1 and 2 shall pay Rs.5,000=00 as compensation and litigation cost of Rs.10,000=00 to the complainant within 45 days from the date of this order, otherwise it carries interest at the rate of 9% per annum from the date of complaint till payment.
