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.154/2016

DATED THIS THE 28^th DAY OF JULY 2017

PRESENT

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

SMT.GIRIJA, B.A, LADY MEMBER

Complainant: -                

Sri.G.N.Narendra Kumar

S/o. Late Narasimharaju,

Aged about 34

R/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 complainant 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 the FDRs with interest @ 18% p.a.  from the date of maturity for Rs.1,00,000=00 and interest @ 10% p.a. from the date of maturity i.e. on 6-4-2014 to 18-10-2016 is Rs.40,000=00 in total Rs.1,40,000=00 respectively till its realization of entire amount along with Rs.1,00,000=00 towards deficiency and negligent act, in the interest of justice and equity. 

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

The complainant submitted that, he is the customer of the OP Sangha since long back. On the assurance made by the OP, the complainant had obtained a cash certificate vide No.64 by depositing of Rs.50,000=00 from the OP on 5-1-2008. After receipt of the said amount, the OP has agreed to pay a sum of Rs.1,00,000=00 after completion of fixed deposit period. The above said cash certificate had matured on 6-4-2014.

The complainant submitted that, after maturity of the said cash certificate, the complainant has made several requests and demanded the OP to pay the maturity amount of the cash certificate.  The said amount is very much required for the legal necessity of the complainant. As and when, the complainant demanded for the same, the OP instead of returning of the said amount, the OP has been showing his hostile attitudes with one or the order reasons. The OP has not made any arrangements to return the said maturity amount to the complainant. Thereby the OP had shown his negligence and deficiency in service. Hence, the complainant got issued a legal notice through RPAD on 18-5-2016 calling upon the OP to pay the maturity amount of cash certificate. The said notice was duly served on the OP. In spite of service of legal notice, the OP willfully has not taken any action for making payment of the cash certificate amount. Hence the present 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 complainant has filed his affidavit by way of evidence and reproducing what he has stated in his complaint. The complainant has produced documents which were marked as Ex-P-C1 to Ex-PC4.

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 is deficiency in service on the part of the OP as alleged by the complainant?
2. What Order?

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

Point No.1:           In the Affirmative

Point No.2:           As per final order below                       

REASONS

8. The complainant has firmly stated in his affidavit evidence that, on 5-1-2008 the complainant had obtained a Cash Certificates vide No.61 from the OP for a sum of Rs.50,000=00. The above said Cash certificate matured on 6-4-2014.  After maturity of the cash certificate, the complainant had approached the OP and requested for repayment of the maturity amount. But the OP did not repay the maturity amount to the complainant, which amounts to deficiency in sercvie on the part of the OP.

9. The above said assertions of the complainant 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 complainant had produced a cash certificate dated 5-1-2008 for a sum of Rs.50,000=00  and maturity date was mentioned as  6-4-2014. The maturity amount was mentioned as Rs.1,00,000=00 and rate of interest column has kept black. The complainant has also produced legal notice dated 18-5-2016 along with post acknowledgement receipt.

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

12. It is bounden duty of the OP to return the maturity amount after maturity of the cash certificate, 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, the OP is directed pay matured cash certificate amount of Rs.1,00,000=00 along with 9% interest p.a. from the date of maturity date to till the date of realization. This order is to be complied by the OP within 45 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 complainant is partly allowed.

The OP is directed to pay the maturity amount of cash certificate No.61 to the complainant along with 9% interest per annum from the date of maturity of the above said cash certificate 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 45 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