BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 29th APRIL 2016
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMMON ORDER IN
C.C.Nos. 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, AND 65/2016.
CC.No.54, 55, 56, 57, 58, 60, 61, 62, 63, 64 and 65/2016
(Admitted on 30.01.2016)
N. Venkatramayya,
S/o. Late N. Gopalakrishnayya,
Aged about 83 years,
Jedla, Sampaje Village,
Sullia Taluk, D.K. …… COMPLAINANT
(Advocate for complainant by Sri Srigirisha M) (CC 54/16 to 58/16)
(Advocate for complainant by Sri Srigirisha M) (CC 60/16 to 65/16)
VERSUS
C.C.Nos. 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, AND 65/2016.
1. The South Kanara Agriculturists Co
Operative Marketing Society Ltd., No. 3901,
APMC Building, P.B. No. 159, Mission Street,
Mangalore D.K. 575001.
Represented by its Managing Director.
2. The Liquidator,
The South Kanara Agriculturists
Co-Operative Marketing Society Ltd.,
No. 3901, APMC Building, P.B.No. 159,
Mission Street, Mangalore D.K. 575001.
Represented by its Managing Director.
(Opposite Party No.1: In person
(Opposite Party No.2: Ex parte
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY:
I. 1. The above complaints are filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the common Opposite Parties claiming similar reliefs. In order to save the time as well as for the sake of convenience, we have taken up all the cases together and passed common order as under:
The brief facts of the case are as under:
The Complainants are deposited certain sum of money with the Opposite Parties and the Opposite Parties are registered societies having its registered office in the above address. The details of the amounts deposited with the Opposite Parties finance mentioned in detail herein below:
In CC.No.54/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 003771 | 04.10.2010 | Rs.85,000 | 04.10.2014 | 11.5% |
2 | 000706 | 09.10.2009 | Rs.43,000 | 09.10.2014 | 11.5% |
3 | 004338 | 22.10.2012 | Rs.2,00,000 | 22.10.2014 | 11.5% |
4 | 004339 | 22.10.2012 | Rs.2,00,000 | 22.10.2014 | 11.5% |
5 | 000110 | 28.08.2006 | Rs.1,35,000 | 28.08.2014 | 11.5% |
6 | 004638 | 29.12.2010 | Rs.1,00,000 | 29.12.2013 | 11.5% |
|
In CC.No.55/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 5114 | 31.07.2012 | Rs.2,40,000 | 31.07.2014 | 11.5% |
2 | 5115 | 31.07.2012 | Rs.2,49,500 | 31.07.2014 | 11.5% |
3 | 5116 | 31.07.2012 | Rs.2,51,000 | 31.07.2014 | 11.5% |
4 | 5117 | 31.07.2012 | Rs.2,28,000 | 31.07.2014 | 11.5% |
5 | 5106 | 21.07.2009 | Rs.50,000 | 21.07.2014 | 11.5% |
6 | 5107 | 08.08.2012 | Rs.1,57,000 | 08.08.2014 | 11.5% |
7 | 5108 | 08.08.2012 | Rs.1,14,000 | 08.08.2014 | 11.5% |
8 | 5109 | 08.08.2011 | Rs.1,20,000 | 08.08.2014 | 11.5% |
9 | 5110 | 09.08.2011 | Rs.1,00,000 | 09.08.2014 | 11.5% |
| | | | | |
In CC.No.56/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 002518 | 26.06.2002 | Rs.2,00,000 | 26.06.2014 | 11.5% |
2 | 003126 | 27.06.2009 | Rs.55,600 | 27.06.2014 | 11.5% |
3 | 003181 | 09.07.2008 | Rs.73,600 | 09.07.2014 | 11.5% |
4 | 003183 | 09.07.2008 | Rs.59,900 | 09.07.2014 | 11.5% |
5 | 002727 | 09.07.2006 | Rs.1,08,400 | 09.07.2014 | 11.5% |
6 | 003131 | 09.07.2009 | Rs.97,000 | 09.07.2014 | 11.5% |
7 | 003134 | 09.07.2009 | Rs.78,000 | 09.07.2014 | 11.5% |
8 | 003264 | 09.07.2010 | Rs.1,00,000 | 09.07.2014 | 11.5% |
9 | 003678 | 09.07.2011 | Rs.1,60,000 | 09.07.2014 | 11.5% |
10 | 004092 | 09.07.2012 | Rs.1,00,000 | 09.07.2014 | 11.5% |
11 | 003135 | 10.07.2009 | Rs.80,000 | 10.07.2014 | 11.5% |
12 | 003136 | 10.07.2009 | Rs.1,20,900 | 10.07.2014 | 11.5% |
13 | 003680 | 10.07.2011 | Rs.51,400 | 10.07.2014 | 11.5% |
14 | 002968 | 15.07.2013 | Rs.60,000 | 15.07.2014 | 11.5% |
15 | 003138 | 15.07.2009 | Rs.70,000 | 15.07.2014 | 11.5% |
16 | 003139 | 15.07.2009 | Rs.51,800 | 15.07.2014 | 11.5% |
| | | | | |
In CC.No.57/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 000276 | 04.09.2007 | Rs.3,00,000 | 04.09.2014 | 11.5% |
2 | 0004784 | 05.09.2011 | Rs.2,00,000 | 05.09.2014 | 11.5% |
3 | 000674 | 08.09.2009 | Rs.2,00,000 | 08.09.2014 | 11.5% |
4 | 004315 | 12.09.2012 | Rs.2,50,000 | 12.09.2014 | 11.5% |
5 | 000124 | 11.09.2006 | Rs.2,00,000 | 11.09.2014 | 11.5% |
6 | 0004328 | 03.10.2012 | Rs.2,00,000 | 03.10.2014 | 11.5% |
7 | 004327 | 03.10.2012 | Rs.2,00,000 | 30.10.2014 | 11.5% |
| | | | | |
In CC.No.58/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 003142 | 17.07.2009 | Rs.76,000 | 17.07.2014 | 11.5% |
2 | 003143 | 17.07.2009 | Rs.73,000 | 17.07.2014 | 11.5% |
3 | 003023 | 02.09.2008 | Rs.1,00,000 | 02.09.2014 | 11.5% |
4 | 003022 | 02.09.2008 | Rs.1,00,000 | 02.09.2014 | 11.5% |
5 | 003019 | 02.09.2008 | Rs.25,000 | 02.09.2014 | 11.5% |
6 | 003159 | 03.09.2009 | Rs.41,700 | 03.09.2014 | 11.5% |
7 | 003694 | 03.09.2011 | Rs.80,000 | 03.09.2014 | 11.5% |
8 | 003161 | 04.09.2009 | Rs.77,700 | 04.09.2014 | 11.5% |
9 | 003166 | 22.09.2009 | Rs.88,000 | 22.09.2014 | 11.5% |
10 | 003025 | 30.09.2008 | Rs.65,000 | 30.09.2014 | 11.5% |
11 | 003167 | 30.09.2009 | Rs.85,200 | 30.09.2014 | 11.5% |
12 | 003024 | 30.09.2008 | Rs.51,700 | 30.09.2014 | 11.5% |
13 | 003284 | 30.09.2010 | Rs.50,000 | 30.09.2014 | 11.5% |
14 | 003168 | 01.10.2009 | Rs.30,200 | 01.10.2014 | 11.5% |
15 | 003169 | 30.10.2009 | Rs.43,300 | 03.10.2014 | 11.5% |
16 | 003175 | 09.10.2009 | Rs.28,400 | 09.10.2014 | 11.5% |
17 | 003045 | 27.12.2008 | Rs.60,000 | 27.12.2013 | 11.5% |
| | | | | |
In CC.No.60/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 000331 | 01.01.2008 | Rs.1,55,800 | 01.01.2014 | 11.5% |
2 | 000173 | 04.01.2007 | Rs.70,000 | 04.01.2014 | 11.5% |
3 | 002563 | 23.01.2006 | Rs.1,04,000 | 21.03.2014 | 11.5% |
4 | 000466 | 27.01.2009 | Rs.42,000 | 27.01.2014 | 11.5% |
5 | 002576 | 04.02.2006 | Rs.50,000 | 04.02.2014 | 11.5% |
6 | 002591 | 28.02.2006 | Rs.79,000 | 28.02.2014 | 11.5% |
7 | 002593 | 03.03.2006 | Rs.1,10,000 | 03.03.2014 | 11.5% |
8 | 002594 | 03.03.2006 | Rs.1,10,000 | 03.03.2014 | 11.5% |
9 | 000368 | 17.03.2008 | Rs.84,000 | 17.03.2014 | 11.5% |
10 | 000367 | 17.03.2008 | Rs.1,80,000 | 17.03.2014 | 11.5% |
11 | 000369 | 17.03.2008 | Rs.1,15,000 | 17.03.2014 | 11.5% |
12 | 004684 | 05.03.2011 | Rs.1,18,000 | 05.03.2014 | 11.5% |
13 | 000376 | 21.04.2008 | Rs.40,000 | 21.04.2014 | 11.5% |
14 | 000019 | 20.04.2006 | Rs.1,00,000 | 20.04.2014 | 11.5% |
15 | 000020 | 20.04.2006 | Rs.75,000 | 20.01.2014 | 11.5% |
16 | 000395 | 30.06.2008 | Rs.25,000 | 30.06.2014 | 11.5% |
| | | | | |
In CC.No.61/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 004526 | 01.12.2011 | Rs.1,57,000 | 01.12.2013 | 11.5% |
2 | 000940 | 03.12.2008 | Rs.43,500 | 03.12.2013 | 11.5% |
3 | 002590 | 28.02.2006 | Rs.1,00,000 | 08.02.2014 | 11.5% |
4 | SB Puttur 51 | 01.01.2013 | Rs.3,25,000 | 30.11.2015 | 4% |
5 | SB M’lore 31 | 01.01.2013 | Rs.4,36,778 | 30.11.2015 | 4% |
6 | Sullia 26 | 01.10.2013 | Rs.72,941 | 30.11.2015 | 4% |
| | | | | |
In CC.No.62/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 5111 | 08.08.2009 | Rs.1,00,000 | 08.08.2014 | 11.5% |
2 | 5112 | 13.08.2010 | Rs.50,000 | 13.08.2014 | 11.5% |
3 | 5113 | 14.08.2006 | Rs.30,000 | 14.08.2014 | 11.5% |
4 | 5156 | 02.09.2008 | Rs.1,00,000 | 02.09.2014 | 11.5% |
5 | 5127 | 02.09.2008 | Rs.1,00,000 | 02.09.2014 | 11.5% |
6 | 5158 | 02.09.2010 | Rs.1,00,000 | 02.09.2014 | 11.5% |
7 | 5159 | 03.09.2010 | Rs.1,00,000 | 03.09.2014 | 11.5% |
8 | 5160 | 02.09.2011 | Rs.1,00,000 | 02.09.2014 | 11.5% |
9 | 5154 | 17.08.2011 | Rs.50,000 | 17.08.2014 | 11.5% |
10 | 5155 | 06.09.2011 | Rs.30,000 | 06.09.2014 | 11.5% |
11 | 5187 | 18.09.2006 | Rs.1,00,000 | 18.09.2014 | 11.5% |
12 | 5188 | 18.09.2006 | Rs.1,00,000 | 18.09.2014 | 11.5% |
13 | 5190 | 06.10.2001 | Rs.1,50,000 | 06.10.2014 | 11.5% |
14 | 5180 | 06.10.2011 | Rs.1,50,000 | 06.10.2014 | 11.5% |
15 | 5191 | 25.09.2007 | Rs.10,000 | 25.09.2014 | 11.5% |
16 | 5192 | 11.10.2010 | Rs.60,000 | 11.10.2014 | 11.5% |
17 | 003308 | 30.11.2006 | Rs.30,000 | 01.12.2013 | 11.5% |
18 | 003858 | 30.11.2007 | Rs.69,000 | 01.12.2013 | 11.5% |
19 | 000928 | 01.12.2008 | Rs.44,000 | 01.12.2013 | 11.5% |
| | | | | |
In CC.No.63/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 000957 | 31.01.2009 | Rs.81,000 | 31.01.2014 | 11.5% |
2 | 000390 | 31.01.2006 | Rs.1,21,000 | 31.01.2015 | 11.5% |
3 | 000389 | 31.01.2006 | Rs.1,21,000 | 31.01.2013 | 11.5% |
4 | 0003878 | 31.01.2008 | Rs.43,000 | 31.01.2014 | 11.5% |
5 | 000395 | 08.02.2006 | Rs.35,000 | 08.02.2013 | 11.5% |
6 | 0003880 | 08.02.2008 | Rs.40,000 | 08.02.2014 | 11.5% |
7 | 0003881 | 08.02.2008 | Rs.25,000 | 08.02.2014 | 11.5% |
8 | 000963 | 08.02.2009 | Rs.30,000 | 08.02.2014 | 11.5% |
9 | 000975 | 10.02.2009 | Rs.49,500 | 10.02.2014 | 11.5% |
10 | 000977 | 17.02.2009 | Rs.41,000 | 17.02.2014 | 11.5% |
11 | 000976 | 27.02.2009 | Rs.20,000 | 27.02.2014 | 11.5% |
12 | 000980 | 02.03.2009 | Rs.34,500 | 02.03.2014 | 11.5% |
13 | 000981 | 03.03.2009 | Rs.62,500 | 03.03.214 | 11.5% |
14 | 000989 | 21.03.2009 | Rs.50,000 | 21.03.2014 | 11.5% |
15 | 0002818 | 06.04.2006 | Rs.15,000 | 06.14.2014 | 11.5% |
16 | 004966 | 19.04.2012 | Rs.20,000 | 19.04.2014 | 11.5% |
17 | 004967 | 05.05.2012 | Rs.20,000 | 05.05.2014 | 11.5% |
18 | 5002 | 21.05.2010 | Rs.90,000 | 21.05.2014 | 11.5% |
19 | 5006 | 01.06.2011 | Rs.50,000 | 01.06.2014 | 11.5% |
20 | 5005 | 30.05.2011 | Rs.1,00,000 | 30.05.2014 | 11.5% |
21 | 5004 | 30.05.2008 | Rs.82,000 | 30.05.2014 | 11.5% |
22 | 5003 | 30.05.2008 | Rs.54,500 | 30.05.204 | 11.5% |
23 | 5072 | 14.06.2011 | Rs.70,000 | 14.06.2014 | 11.5% |
24 | 5071 | 01.07.2011 | Rs.30,000 | 01.07.2014 | 11.5% |
| | | | | |
In CC.No.64/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 004303 | 04.09.2012 | Rs.2,50,000 | 04.09.2014 | 11.5% |
2 | 003742 | 04.09.2010 | Rs.2,00,000 | 04.09.2014 | 11.5% |
3 | 000274 | 04.09.2007 | Rs.1,60,000 | 04.09.2014 | 11.5% |
4 | 000417 | 04.09.2008 | Rs.1,00,000 | 04.09.2014 | 11.5% |
5 | 000273 | 04.09.2007 | Rs.3,00,000 | 04.09.2014 | 11.5% |
6 | 000275 | 34.09.2007 | Rs.3,00,000 | 04.09.2014 | 11.5% |
| | | | | |
In CC.No.65/2016 the Complainant N. Venkatramayya, deposited the amount as under: |
Sl.No. | Receipt No. | Date of Issue | Face Value | Date of Maturity | Interest Rate |
1 | 000059 | 29.06.2006 | Rs.1,07,000 | 29.06.2011 | 11.5% |
2 | 000091 | 27.07.2006 | Rs.40,000 | 27.07.2014 | 11.5% |
3 | 000079 | 24.07.2006 | Rs.2,00,000 | 24.07.2014 | 11.5% |
4 | 000081 | 24.07.2006 | Rs.2,01,000 | 24.07.2014 | 11.5% |
5 | 000080 | 24.07.2006 | Rs.2,00,000 | 24.07.2014 | 11.5% |
6 | 000259 | 30.07.2007 | Rs.80,000 | 30.07.2014 | 11.5% |
7 | 003728 | 02.08.2010 | Rs.1,00,000 | 02.08.2014 | 11.5% |
8 | 000642 | 03.08.2009 | Rs.1,20,000 | 03.08.2014 | 11.5% |
9 | 004274 | 03.08.2012 | Rs.1,00,000 | 03.08.2014 | 11.5% |
10 | 000109 | 28.08.2006 | Rs.1,00,000 | 28.08.2014 | 11.5% |
11 | 000267 | 28.08.2007 | Rs.1,00,000 | 28.08.2014 | 11.5% |
12 | 003739 | 28.08.2010 | Rs.1,00,000 | 28.08.2014 | 11.5% |
13 | 000115 | 02.09.2006 | Rs.1,00,000 | 02.09.2014 | 11.5% |
| | | | | |
| | | | | | |
Complainants stated that, they have invested their hard earned money in Opposite Parties co operative society under the fixed deposit receipt for the stipulated period mentioned in the respective fixed deposit receipts and the Opposite Parties in turn agreed to pay interest mentioned in the certificates. Further it is stated that, the Opposite Parties in-spite of agreed to refund the aforesaid amount on the date of maturity mentioned in the respective F.D. Receipts not refunded the amount till this date.
It is stated that, the Complainants approached the Opposite Parties, the Opposite Parties have been indefinitely postponing the money payable under the F.D. Receipts without assigning any valid reasons which amounts to deficiency in service and hence the above complaints are filed before this Forum under Section 12 of the Consumer Protection Act 1986 (herein after referred to as the Act) seeking direction from this Forum to the Opposite Parties to pay the entire Deposited amount invested by them respectively mentioned in their complaints and also sought for compensation and cost of the proceedings.
II. 1. Version notice served to the Opposite Party. Opposite Parties No.1 appeared in person filed version and OP No. 2 in spite of receiving notice not appeared nor represented hence, Opposite party No. 2 placed Exparte.
The Opposite Party No.1 appeared in person, filed version and stated that since 10 to 12 years due to loss in arecanut business, the society is suffered more than 24 crores. Hence the society is suffering from financial crunch. Therefore, they could not discharge the liability/fixed deposit to the general public. It is also stated that they will take steps to repay the same and denied the deficiency in service and prayed for dismissal of the complaint.
III. 1. In support of the above complaints, all the respective Complainants are examined as CW 1 and produced documents got marked under the Ex.C series detailed in the annexure here below. Opposite Parties placed ex parte.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the complaints filed by complainants are maintainable?
- Whether the Complainants proved that the Opposite Parties committed deficiency in service?
- If so, whether the Complainants are entitled for the reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No.(i) & (ii): Affirmative.
Point No.(iii) & (iv): As per the final order.
REASONS
IV. 1. POINTS No. (i) to (iv):
In the instant case, the Complainants in order to substantiate their respective complaints filed evidence on affidavit supported by fixed deposit receipts i.e. Ex.C series in all the complaints mentioned in the annexure in detail. The Complainants sworn affidavits stating that, the Fixed Deposits are matured but the Opposite Parties keep on assured to refund the amount by giving one or the other excuses and postponing the payment without valid reasons. However, now the point for consideration is that, whether the Complainants are entitled for the amount mentioned in the Fixed Deposit Receipts and thereby without paying the aforesaid amount the Opposite Parties have committed deficiency in service?
On perusal of the oral as well as documentary evidence available on record, we find that, the Complainants deposited the hard earned money under the Fixed Deposit Receipts with the Opposite Parties and the Opposite Parties in turn agreed to refund the amount along with the interest on the date of maturity mentioned in the respective F.D. Receipts. We are of the considered opinion that, in a case of like this nature reciprocal promises were enshrined in the contract/certificate entered/issued between the parties, both the parties were obliged to perform in that Order. No doubt the Complainants invested certain sum of money under the Fixed Deposit Receipts for a particular period with the Opposite Parties and the Opposite Parties in turn received the invested amount from the Complainants and agreed to refund the aforesaid amount along with the interest on the date of maturity. When that being so, it is the obligation on the part of the Opposite Parties Co operative society to refund the amount to the Complainants on the date of maturity because the Opposite Parties made use of the money pertaining to the Complainants in their society and agreed to refund the amount with interest. When that being the position, the Opposite Parties society should have refunded the amount to the Complainants without any demand. As we know, the financial institutions are facing financial crunches and caused problems to the depositors and keep on seeking/postponing the payment by giving the one or the other reasons are common in a case of like this nature. By considering the transactions involved in the above case, we are of the opinion that, cause of action will be continued till the payment invested under the certificate are received by the Complainants. It is not the case of the Opposite Parties that, they have offered the payment on the date of maturity or subsequent dates till this date. Even in this count the complaint is maintainable.We further observed that, the Complainants invested certain sum of money under the Fixed Deposit Receipts and Opposite Parties agreed to repay the amount along with the interest but failed to pay the said amount till this date amounts to deficiency in service as well as unfair trade practice. Apart from the above, we also observed that, the opposite parties took a contention that in other similar cases the complaint is not maintainable in view of the Co operative Societies Act 1959 as per Section 70. It is a settled position of law that, Section 3 of the Consumer Protection Act 1986 not in derogation of any other law inforce, we mean to say Karnataka Co operatives Societies Act 1959 too. It is further stated that since 10 to 12 years due to loss in areca nut business, the society is suffered more than 24 crores. Hence the society is suffering from financial crunch. Therefore, they could not discharge the liability/fixed deposits to the general public. It is also stated that they will take steps to repay the same and denied the deficiency in service. In this connection we have referred a citation THE TRINITY HOUSE BUILDING CO OPERATIVE SOCIETY LTD. & ANR. VS WILSON PETERS decided on 30.11.1995 reported in 1996 Vol I CPR 679 held as under:
Consumer Protection Act, 1986 Section 3 Act, not in derogation of any other law Karnataka Co operative Societies Act, 1959 Section 70 Complainant about neither allotment of housing site nor refund by OP/appellant Allowed by DF Appeal against Whether Section 70 of Kar. Co.op.Soc. Act bars jurisdiction of Consumer Forum ? (No) Complaint is maintainable under COPRA (PARA 18) 4 ½ YEARS LAPSING SINCE DEPOSIT No allotment D.F. rightly ordered refund with interest (para 19). Section 70 of Karnataka Co operative Societies Act, 1959 is not a bar to a complaint seeking relief for loss and injury suffered due to negligence of D.P. in deficiency in the performance of service viz. Allotment of housing site within a reasonable time after deposit of amount.
Similarly even in all the complaints there is no dispute that the complainants deposited amounts with the opposite parties as averred by them in the complaint seeking refund of the amount. The opposite parties did not refund the amount till this date. Therefore, we hold that there is no substance in the version filed by the opposite parties even the co-operative societies also falls within the purview Section 3 of the Consumer Protection Act, 1986. A person includes a Co operative Society, the complainants have got right to file complaints against the co operatives societies, the harmonious construction of these two provisions will clearly establish that the complaints filed by the complainants are maintainable under the Consumer Protection Act 1986.
By considering the above aspects, we hold that, on failure to pay the aforesaid amount on the date of maturity till this date amounts to deficiency in service as well as unfair trade practice as stated supra. Therefore, we hereby directed the Opposite Parties are jointly and severally shall pay the entire amount mentioned in the Fixed Deposit Receipts in CC.No.54/2016 Rs.7,63,000/ (Rupees Seven Lakhs sixty three thousand only) i.e Ex.C1 to C6, in CC.No.55/2016 Rs.15,09,500/ (Rupees Fifteen lakhs nine thousand and five hundred only) i.e Ex.C1 to 9, in CC.No.56/2016 Rs. 14,66,600/ (Rupees Fourteen Lakhs sixty six thousand six hundred only) i.e Ex.C1 to C16, in CC.No.57/2016 Rs.15,50,000/ (Rupees Fifteen lakhs fifty thousand only) i.e Ex.C1 to 7, in CC.No.58/2016 Rs. 10,72,200/ (Rupees Ten lakhs Seventy two thousand and two hundred only) i.e Ex.C1 to 17, in CC.No.60/2016 Rs. 14,57,800/ (Rupees Fourteen Lakhs fifty seven thousand and eight thousand only) i.e Ex.C1 to 16, in CC.No.61/2016 Rs. 11,35,219/ (Rupees Eleven lakhs thirty five thousand two hundred ninteen only) i.e Ex.C1 to C6, in CC.No.62/2016 Rs. 14,73,000/ (Rupees Fourteen lakhs seventy three thousand only) i.e Ex.C1 to C19, in CC.No.63/2016 Rs. 12,85,000/ (Rupees Twelve lakhs eighty five thousand only) i.e Ex.C1 to C24, in CC.No.64/2016 Rs. 13,10,000/ (Rupees Thirteen lakhs ten thousand only) i.e Ex.C1 to C6, in CC.No.65/2016 Rs. 15,48,000/ (Rupees Fifteen lakhs forty eight thousand only) i.e Ex.C1 to 13, along with contractual rate of interest from the respective date of deposits till the date of maturity to the complainants and thereafter Opposite Parties shall pay interest at the rate of 12% per annum from the respective date of maturity till the date of payment. And also pay Rs.3,000/ (Rupees three thousand only) in each case towards the cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.
In the present cases, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded.
In the result, we pass the following:
ORDER
The complaints are allowed. Opposite Parties are jointly and severally shall pay the entire amount mentioned in the Fixed Deposit Receipts in CC.No.54/2016 Rs.7,63,000/ (Rupees Seven Lakhs sixty three thousand only) i.e Ex.C1 to C6, in CC.No.55/2016 Rs.15,09,500/ (Rupees Fifteen lakhs nine thousand and five hundred only) i.e Ex.C1 to 9, in CC.No.56/2016 Rs. 14,66,600/ (Rupees Fourteen Lakhs sixty six thousand six hundred only) i.e Ex.C1 to C16, in CC.No.57/2016 Rs.15,50,000/ (Rupees Fifteen lakhs fifty thousand only) i.e Ex.C1 to 7, in CC.No.58/2016 Rs. 10,72,200/ (Rupees Ten lakhs Seventy two thousand and two hundred only) i.e Ex.C1 to 17, in CC.No.60/2016 Rs. 14,57,800/ (Rupees Fourteen Lakhs fifty seven thousand and eight thousand only) i.e Ex.C1 to 16, in CC.No.61/2016 Rs. 11,35,219/ (Rupees Eleven lakhs thirty five thousand two hundred ninteen only) i.e Ex.C1 to C6, in CC.No.62/2016 Rs. 14,73,000/ (Rupees Fourteen lakhs seventy three thousand only) i.e Ex.C1 to C19, in CC.No.63/2016 Rs. 12,85,000/ (Rupees Twelve lakhs eighty five thousand only) i.e Ex.C1 to C24, in CC.No.64/2016 Rs. 13,10,000/ (Rupees Thirteen lakhs ten thousand only) i.e Ex.C1 to C6, in CC.No.65/2016 Rs. 15,48,000/ (Rupees Fifteen lakhs forty eight thousand only) i.e Ex.C1 to 13, along with contractual rate of interest from the respective date of deposits till the date of maturity to the complainants and thereafter Opposite Parties shall pay interest at the rate of 12% per annum from the respective date of maturity till the date of payment. And also pay Rs.3,000/ (Rupees three thousand only) in each case towards the cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.
The F.D.R. if any deposited by the Complainant be returned fourth with by substituting the certified.
The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.
(Page No.1 to 23 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 29th day of APRIL -2016.)
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainants:
CW 1 : N. Venkatramayya CC.No.54,55,56,57,58,60,61,62,63,64, and 65/2016.
Documents produced on behalf of the Complainant:
In CC.No.54/2016:
Ex C1 to C8 Original F.D. Receipt (1 in Nos. (6).
1. Original Fixed Deposit Receipt issued by O.P. in No. 003771 in the name of complainant.
2. Original Fixed Deposit Receipt issued by O.P. in No.000706 in the name of complainant Notarized copy.
3. Original Fixed Deposit Receipt issued by O.P. in No. 004338 in the name of complainant Notarized copy.
4. Original Fixed Deposit Receipt issued by O.P. in No. 004339 in the name of complainant Notarized copy.
5. Original Fixed Deposit Receipt issued by O.P. in No.000110 in the name of complainant Notarized copy.
6. Original Fixed Deposit Receipt issued by O.P. in No. 004638 in the name of complainant Notarized copy.
7. Office copy of the letter addressed by the complainant to the Opposite Party.
8. Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.55/2016:
Ex C1 to C11 Original F.D. Receipt (1 in Nos. (9).
1. Original of the Fixed deposit receipt No. 5114 issued by the Opposite Party.
2. Original of the Fixed deposit receipt No. 5115 issued by the Opposite Party.
3. Original of the Fixed deposit receipt No. 5116 issued by the Opposite Party.
4. Original of the Fixed deposit receipt No. 5117 issued by the Opposite Party.
5. Original of the Fixed deposit receipt No. 5106 issued by the Opposite Party.
6. Original of the Fixed deposit receipt No. 5107 issued by the Opposite Party.
7. Original of the Fixed deposit receipt No. 5108 issued by the Opposite Party.
8. Original of the Fixed deposit receipt No. 5109 issued by the Opposite Party.
9. Original of the Fixed deposit receipt No. 5110 issued by the Opposite Party.
10. Office copy of the letter addressed by the complainant to the Opposite Party.
11. Office copy of the Lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.56/2016:
Ex C1 to C18 Original F.D. Receipt (1 in Nos. (16).
- Original of the Fixed deposit receipt No. 002518 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003126 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003181 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003183 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002727 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003131 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003134 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003264 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003678 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 001092 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003135 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003136 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003680 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002968 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003138 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003139 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the Lawyers notice issued by the complainant along with Acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.57/2016:
Ex C1 C9 Original F.D. Receipt (1 in No. (7).
- Original of the Fixed deposit receipt No. 000276 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 0004784 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000674 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 001315 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000124 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 0004328 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 004327 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.58/2016:
Ex C1 C19 Original F.D. Receipt (1 in No. (17).
- Original of the Fixed deposit receipt No. 003142 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003143 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003023 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003022 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003019 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003159 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003694 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003161 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003166 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003025 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003167 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003024 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003284 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003168 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003169 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003175 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003045 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.60/2016:
Ex C1 C18 Original F.D. Receipt (1 in No. (16).
- Original of the Fixed deposit receipt No. 000331 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000173 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002563 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000466 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002576 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002591 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002593 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 002594 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000368 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000367 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000369 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 004684 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000376 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000019 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000020 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000395 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.61/2016:
Ex C1 C4 Original F.D. Receipt (1 in No. (2).
- Original of the Fixed deposit receipt No. 4526 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 00940 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.62/2016:
Ex C1 C21 Original F.D. Receipt (1 in No. (19).
- Original of the Fixed deposit receipt No. 5111 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5112 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5113 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5156 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5157 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5158 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5159 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5160 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5154 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5155 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5187 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5188 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5190 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5180 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5191 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5192 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003308 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003858 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000928 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.63/2016:
Ex C1 C26 Original F.D. Receipt (1 in No. (24).
- Original of the Fixed deposit receipt No. 000957 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000390 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000389 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003878 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000395 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 0003880 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003881 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000963 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000975 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000977 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000976 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000980 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000981 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000989 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 0002818 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 004966 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 004967 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5002 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5006 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5005 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5004 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5003 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5072 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 5071 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.64/2016:
Ex C1 C8 Original F.D. Receipt (1 in No. (6).
- Original of the Fixed deposit receipt No. 004303 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003742 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000274 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000417 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000273 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000275 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Documents produced on behalf of the Complainant:
In CC.No.65/2016:
Ex C1 C13 Original F.D. Receipt (1 in No. (15).
- Original of the Fixed deposit receipt No. 000059 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000091 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000079 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000081 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000080 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000259 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003728 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000642 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 004274 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000109 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000267 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 003739 issued by the Opposite Party.
- Original of the Fixed deposit receipt No. 000115 issued by the Opposite Party.
- Office copy of the letter addressed by the complainant to the Opposite Party.
- Office copy of the lawyers notice issued by the complainant along with acknowledgment.
Witnesses examined on behalf of the Opposite Parties:
Nil
Documents produced on behalf of the Opposite Parties:
Nil
Dated: 29.04.2016. PRESIDENT