Complaint filed on: 15-12-2016

                                                      Disposed on: 28-07-2017

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.153/2016

DATED THIS THE 28^th DAY OF JULY 2017

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SMT.GIRIJA, B.A, LADY MEMBER

Complainants: -                       

1. Smt.Lakshmamma

W/o. Late Narasimharaju,

Aged about 55 years,

2. Sri.G.N.Lakshiminarayana

S/o. Late Narasimharaju,

Aged about 36 years,

Both are residing at

1^st Main, 6^th Cross,

Goodshed Colony,

Tumakuru city

(By Advocate Sri.S.K.Mallikarjuna)        

V/s

Opposite party:-       

                                        The Manager,

                                                City Pattina Sahakara Sangha

Niyamitha, 2^nd Main Road, New Mandipet,

Tumakuru 

                                                (Exparte)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint is filed by the complainants against the OP under Section 12 of the Consumer Protection Act 1986. The complainant prays to direct the OP to pay the entire amount covered under FDRs with interest @ 18% p.a. from the date of maturity i.e. 1) Rs.40,000=00 @ 10% from 11-9-2013 to 18-10-2016 of Rs.12,000=00 total Rs.52,000=00; 2) Rs.80,000=00 from 11-9-2013 to 18-10-2016 interest @10% is Rs.24,000=00 in total Rs.1,04,000=00; 3) Rs.80,000=00 from 11-9-2013 to 18-10-2016 interest @10% is Rs.24,000=00 in total Rs.1,04,000=00; 4) Rs.40,000=00 interest @ 10% from 28-2-2014 to 18-10-2016 is Rs.5,336=00 in total Rs.45,336=00; 5) Rs.80,000=00 interest @ 10% p.a. from 28-2-2014 to 18-10-2016 is Rs.10,672=00 in total Rs.90,672=00;  and 6) Rs. 80,000=00 interest @ 10% from 28-12-2014 to 18-10-2016 is Rs.10,672=00 in total Rs.90,672=00 respectively till its realization of entire amount along with Rs.1,00,000=00 towards deficiency and negligent act and thereby caused harassment, in the interest of justice and equity. 

2. The brief facts of the complaint is as under:-

The complainants submitted that, the OP is doing financial transaction and the complainants are the customers of the OP Sangha since long back. On the assurance made by the OP, the complainants have jointly deposited the following amount in the OP Sangha on several dates and all the deposits are matured. The details are as follows:

The above said FDRs had matured on 11-9-2013 and 28-2-2014 respectively. Since from the date of maturity, the complainants had made several requests and demanded the OP to return the maturity amount.  The said amount is very much required to legal necessity of the complainants. As and when the complainants demanded for the same, the OP instead of returning the said amount, he has been showing his hostile attitudes with one or the other reasons. The OP has not made any arrangements to return the said maturity amount to the complainants and thereby the OP has shown his deficiency in service and negligence. Hence, the complainant got issued a legal notice to the OP on 18-5-2016 through RPAD and the said notice was duly served on the OP. Inspite of service of the legal notice, the OP willfully has not taken any action for making payment of the FDRs amount. Hence, the complaint is filed.

3. After service of the forum notice, the OP has not appeared before the forum. Despite sending notice to OP, the same has not been served, so the complainant has taken paper publication as against the OP and produced the paper publication and the service of paper publication is taken as sufficient. The OP was called out absent and he has been placed exparte and posted the case for filing affidavit of complainant.

          4. In the course of enquiry into the complaint, the 1^st complainant has filed her affidavit by way of evidence and also on behalf of the 2^nd complainant and reproducing what she has stated in their complaint.  The complainant has produced documents which were marked as Ex-P-C1 to Ex-P-C9 and pursed the documents.

5. We have heard the arguments of complainant’s side and posted the case for order.  

6. Based on the above materials, the following points will arise for our consideration.

1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
2. What Order?

7. Our answer to the above issues are as under:

Point No.1:           In the Affirmative

Point No.2:           As per final order below                       

REASONS

8. One Smt.Lakshmamma, who being the 1^st complainant has firmly stated in her affidavit evidence that, on 11-6-2007 the complainant No.1 and 2 had obtained three deposit receipts/Jointly operated cash certificate vide No.3900 to 3902 respectively from the OP for a sum of Rs.20,000/-, Rs.40,000/- and Rs.40,000/- respectively. On 28-11-2007 the 1^st complainant had obtained three cash certificate vide No.38 to 40 respectively  from the OP for a sum of Rs.20,000=00, Rs.40,000/- and Rs.40,000/- respectively.   The above said Deposit Receipt and Cash certificates had matured on 11-9-2013 and 28-2-2014 respectively.  After maturity of the deposit amount, the complainants had approached the OP and requested for repayment of the said deposit receipt and cash certificate amount. But the OP did not repay the above said certificates amount to the complainants, which amounts to negligence and deficiency in sercvie on the part of the OP.

9. The above said assertions of the complainants have remained unchallenged. The OP has neither filed version nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the sworn testimony of the complainant.

10. The complainants had produced three deposit receipt/jointly operated cash certificate dated 11-6-1007 for a sum of Rs.20,000/-, Rs.40,000/- and Rs.40,000/- respectively and maturity dates were mentioned as 11-9-2013. The maturity amount were mentioned as Rs.40,000/-, Rs.80,000/- and Rs.80,000/- respectively and rate of interest column has kept black.   And also produced three cash certificates dated 28-11-2007 for a sum of Rs.40,000=00, Rs.40,000/- and Rs.20,000=00 respectively and maturity dates were mentioned as  28-2-2014. The maturity amount were mentioned as Rs.80,000/-, Rs.80,000/- and Rs.40,000/- respectively and rate of interest column has kept black.  The complainants have produced legal notice dated 18-5-2016 along with post acknowledgement receipt.

11. The said oral and documentary evidence of complainants that, after maturity of the deposit receipt and cash certificate, the OP did not pay the above said certificate amount and also not responded to the legal notice of complainants.

12. It is bounden duty of the OP to return the maturity amount after maturity of the deposit receipts and cash certificates, not done so; it amounts to deficiency in service. This act of the OP made the complainant to suffer. Hence, we award compensation of Rs.5,000=00 and Rs.3,000=00 towards litigation cost. Further direct the OP to pay maturity amount of deposit receipts and cash certificate along with 9% interest p.a. from the date of maturity. This order is to be complied by the OP within 30 days from the date of receipt of this order. Accordingly, the complaint of complainant is partly sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint filed by the complainants is partly allowed.

The OP is directed to pay the maturity amount of deposit receipts No.3900 to 3902 and cash certificates No.38 to 40 to the complainants along with 9% interest per annum from the date of maturity of the above said certificates till the date of realization.

The OP is further directed to pay Rs.5,000=00 towards compensation and Rs.3,000=00 towards cost of litigation to the complainant respectively.

This order is to be complied by the OP within 30 days from the date of receipt of this order.

          Supply free copy of this order to both parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 28^th day of July 2017).

LADY MEMBER                         PRESIDENT