Karnataka

Dakshina Kannada

CC/54/2016

N. Venkatramayya - Complainant(s)

Versus

The Managing Director, South Kanara Agriculturists Co operative Marketing Society Ltd - Opp.Party(s)

Sirigirisha M

29 Apr 2016

ORDER

Heading1
Heading2
 
Complaint Case No. CC/54/2016
 
1. N. Venkatramayya
Aged about 83 years, S/o. Late N. Gopalakrishnayya, Jedla, Sampaje Village, Sullia Taluk, D.K.
Dakshina Kannada
Karnataka
...........Complainant(s)
Versus
1. The Managing Director, South Kanara Agriculturists Co operative Marketing Society Ltd
No. 3901, Sahakari Mahal, P.B. No. 159, Mangalore, 575 001, Dakshina Kannada
Dakshina Kannada
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Smt.Asha Shetty PRESIDENT
 HON'BLE MRS. Lavanya . M. Rai MEMBER
 
For the Complainant:Sirigirisha M, Advocate
For the Opp. Party:
Dated : 29 Apr 2016
Final Order / Judgement

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:

  1. Whether the complaints filed by complainants are maintainable?
  2. Whether the Complainants proved that the Opposite Parties committed deficiency in service?
  3. If so, whether the Complainants are entitled for the reliefs claimed?
  4. 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).

  1. Original of the Fixed deposit receipt No. 002518 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 003126 issued by the Opposite Party.
  3. Original of the Fixed deposit receipt No. 003181 issued by the Opposite Party.
  4. Original of the Fixed deposit receipt No. 003183 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 002727 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 003131 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 003134 issued by the Opposite Party.
  8. Original of the Fixed deposit receipt No. 003264 issued by the Opposite Party.
  9. Original of the Fixed deposit receipt No. 003678 issued by the Opposite Party.
  10. Original of the Fixed deposit receipt No. 001092 issued by the Opposite Party.
  11. Original of the Fixed deposit receipt No. 003135 issued by the Opposite Party.
  12. Original of the Fixed deposit receipt No. 003136 issued by the Opposite Party.
  13. Original of the Fixed deposit receipt No. 003680 issued by the Opposite Party.
  14. Original of the Fixed deposit receipt No. 002968 issued by the Opposite Party.
  15. Original of the Fixed deposit receipt No. 003138 issued by the Opposite Party.
  16. Original of the Fixed deposit receipt No. 003139 issued by the Opposite Party.
  17. Office copy of the letter addressed by the complainant to the Opposite Party.
  18. 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).

  1. Original of the Fixed deposit receipt No. 000276 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 0004784 issued by the Opposite Party.
  3.  Original of the Fixed deposit receipt No. 000674 issued by the Opposite Party.
  4.  Original of the Fixed deposit receipt No. 001315 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 000124 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 0004328 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 004327 issued by the Opposite Party.
  8. Office copy of the letter addressed by the complainant to the Opposite Party.
  9. 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).

  1. Original of the Fixed deposit receipt No. 003142 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 003143 issued by the Opposite Party.
  3.  Original of the Fixed deposit receipt No. 003023 issued by the Opposite Party.
  4.  Original of the Fixed deposit receipt No. 003022 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 003019 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 003159 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 003694 issued by the Opposite Party.
  8. Original of the Fixed deposit receipt No. 003161 issued by the Opposite Party.
  9. Original of the Fixed deposit receipt No. 003166 issued by the Opposite Party.
  10. Original of the Fixed deposit receipt No. 003025 issued by the Opposite Party.
  11. Original of the Fixed deposit receipt No. 003167 issued by the Opposite Party.
  12. Original of the Fixed deposit receipt No. 003024 issued by the Opposite Party.
  13. Original of the Fixed deposit receipt No. 003284 issued by the Opposite Party.
  14. Original of the Fixed deposit receipt No. 003168 issued by the Opposite Party.
  15. Original of the Fixed deposit receipt No. 003169 issued by the Opposite Party.
  16. Original of the Fixed deposit receipt No. 003175 issued by the Opposite Party.
  17. Original of the Fixed deposit receipt No. 003045 issued by the Opposite Party.
  18. Office copy of the letter addressed by the complainant to the Opposite Party.
  19. 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).

  1. Original of the Fixed deposit receipt No. 000331 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 000173 issued by the Opposite Party.
  3.  Original of the Fixed deposit receipt No. 002563 issued by the Opposite Party.
  4.  Original of the Fixed deposit receipt No. 000466 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 002576 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 002591 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 002593 issued by the Opposite Party.
  8. Original of the Fixed deposit receipt No. 002594 issued by the Opposite Party.
  9. Original of the Fixed deposit receipt No. 000368 issued by the Opposite Party.
  10. Original of the Fixed deposit receipt No. 000367 issued by the Opposite Party.
  11. Original of the Fixed deposit receipt No. 000369 issued by the Opposite Party.
  12. Original of the Fixed deposit receipt No. 004684 issued by the Opposite Party.
  13. Original of the Fixed deposit receipt No. 000376 issued by the Opposite Party.
  14. Original of the Fixed deposit receipt No. 000019 issued by the Opposite Party.
  15. Original of the Fixed deposit receipt No. 000020 issued by the Opposite Party.
  16. Original of the Fixed deposit receipt No. 000395 issued by the Opposite Party.
  17. Office copy of the letter addressed by the complainant to the Opposite Party.
  18. 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).

  1. Original of the Fixed deposit receipt No. 4526 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 00940 issued by the Opposite Party.
  3.  Office copy of the letter addressed by the complainant to the Opposite Party. 
  4.  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).

  1. Original of the Fixed deposit receipt No. 5111 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 5112 issued by the Opposite Party.
  3.  Original of the Fixed deposit receipt No. 5113 issued by the Opposite Party.
  4.  Original of the Fixed deposit receipt No. 5156 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 5157 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 5158 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 5159 issued by the Opposite Party.
  8. Original of the Fixed deposit receipt No. 5160 issued by the Opposite Party.
  9. Original of the Fixed deposit receipt No. 5154 issued by the Opposite Party.
  10. Original of the Fixed deposit receipt No. 5155 issued by the Opposite Party.
  11. Original of the Fixed deposit receipt No. 5187 issued by the Opposite Party.
  12. Original of the Fixed deposit receipt No. 5188 issued by the Opposite Party.
  13. Original of the Fixed deposit receipt No. 5190 issued by the Opposite Party.
  14. Original of the Fixed deposit receipt No. 5180 issued by the Opposite Party.
  15. Original of the Fixed deposit receipt No. 5191 issued by the Opposite Party.
  16. Original of the Fixed deposit receipt No. 5192 issued by the Opposite Party.
  17. Original of the Fixed deposit receipt No. 003308 issued by the Opposite Party.
  18. Original of the Fixed deposit receipt No. 003858 issued by the Opposite Party.
  19. Original of the Fixed deposit receipt No. 000928 issued by the Opposite Party.
  20. Office copy of the letter addressed by the complainant to the Opposite Party.
  21. 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).

  1. Original of the Fixed deposit receipt No. 000957 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 000390 issued by the Opposite Party.
  3.  Original of the Fixed deposit receipt No. 000389 issued by the Opposite Party.
  4.  Original of the Fixed deposit receipt No. 003878 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 000395 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 0003880 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 003881 issued by the Opposite Party.
  8. Original of the Fixed deposit receipt No. 000963 issued by the Opposite Party.
  9. Original of the Fixed deposit receipt No. 000975 issued by the Opposite Party.
  10. Original of the Fixed deposit receipt No. 000977 issued by the Opposite Party.
  11. Original of the Fixed deposit receipt No. 000976 issued by the Opposite Party.
  12. Original of the Fixed deposit receipt No. 000980 issued by the Opposite Party.
  13. Original of the Fixed deposit receipt No. 000981 issued by the Opposite Party.
  14. Original of the Fixed deposit receipt No. 000989 issued by the Opposite Party.
  15. Original of the Fixed deposit receipt No. 0002818 issued by the Opposite Party.
  16. Original of the Fixed deposit receipt No. 004966 issued by the Opposite Party.
  17. Original of the Fixed deposit receipt No. 004967 issued by the Opposite Party.
  18. Original of the Fixed deposit receipt No. 5002 issued by the Opposite Party.
  19. Original of the Fixed deposit receipt No. 5006 issued by the Opposite Party.
  20. Original of the Fixed deposit receipt No. 5005 issued by the Opposite Party.
  21. Original of the Fixed deposit receipt No. 5004 issued by the Opposite Party.
  22. Original of the Fixed deposit receipt No. 5003 issued by the Opposite Party.
  23. Original of the Fixed deposit receipt No. 5072 issued by the Opposite Party.
  24. Original of the Fixed deposit receipt No. 5071 issued by the Opposite Party.
  25. Office copy of the letter addressed by the complainant to the Opposite Party.
  26. 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).

  1. Original of the Fixed deposit receipt No. 004303 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 003742 issued by the Opposite Party.
  3. Original of the Fixed deposit receipt No. 000274 issued by the Opposite Party.
  4. Original of the Fixed deposit receipt No. 000417 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 000273 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 000275 issued by the Opposite Party.
  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.65/2016:

Ex C1  C13 Original F.D. Receipt (1 in No. (15).

  1. Original of the Fixed deposit receipt No. 000059 issued by the Opposite Party.
  2. Original of the Fixed deposit receipt No. 000091 issued by the Opposite Party.
  3. Original of the Fixed deposit receipt No. 000079 issued by the Opposite Party.
  4. Original of the Fixed deposit receipt No. 000081 issued by the Opposite Party.
  5. Original of the Fixed deposit receipt No. 000080 issued by the Opposite Party.
  6. Original of the Fixed deposit receipt No. 000259 issued by the Opposite Party.
  7. Original of the Fixed deposit receipt No. 003728 issued by the Opposite Party.
  8. Original of the Fixed deposit receipt No. 000642 issued by the Opposite Party.
  9. Original of the Fixed deposit receipt No. 004274 issued by the Opposite Party.
  10. Original of the Fixed deposit receipt No. 000109 issued by the Opposite Party.
  11. Original of the Fixed deposit receipt No. 000267 issued by the Opposite Party.
  12. Original of the Fixed deposit receipt No. 003739 issued by the Opposite Party.
  13. Original of the Fixed deposit receipt No. 000115 issued by the Opposite Party.
  14. Office copy of the letter addressed by the complainant to the Opposite Party. 
  15. 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  

 
 
[HON'BLE MRS. Smt.Asha Shetty]
PRESIDENT
 
[HON'BLE MRS. Lavanya . M. Rai]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.