Complaint filed on: 15-05-2019
Disposed on: 19-06-2020
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TUMAKURU
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.116/2019
DATED THIS THE 19th DAY OF JUNE 2020
PRESENT
SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
Complainant: -
Smt.Sumitra,
W/o. Ramachandraiah.B.N,
34 years,
Residing at Bugudana halli,
Bellavi hobli,
Tumakuru Taluk and District
(In person)
V/s
Opposite party:-
The Managing Director,
Sri Uddaneshwara Souharda Credit Co-Operative Society Ltd. In front of SBI,
City Police Station Road,
Tumakuru
(Exparte)
ORDER
SRI.C.V.MARGOOR, PRESIDENT
This complaint has filed by Smt.Sumitra W/o. Ramachandraiah.B.N, aged 34 years resident of Tumakuru to direct the opposite party society to pay Rs.1,00,000=00 FD balance amount with interest of Rs.40,000=00 and balance amount lying in her SB account Rs.22,700=00, total a sum of Rs.1,62,700=00. The complainant further prayed to award compensation of Rs.1,00,000=00 for mental agony and deficiency in service and litigation cost of Rs.5,000=00.
2. After registering the complaint notice was issued to the opposite party, though it was served personally but it was proceeded exparte.
3. The Complainant filed her affidavit in lieu of evidence and produced some documents in support of her case.
4. We have heard the oral arguments in addition to written brief submitted by the complainant and the points that would arise for determination are as under:
1) Whether the complainant proves that the act of opposite party not returning the FD amount, it amounts to deficiency in service?
2) Is complainant entitled to the reliefs sought for?
5. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative.
Point No.2: In the partly affirmatively
for the below
REASONS
6. Point No.1 and 2: The complainant has submitted that though she has requested the opposite party to return the FD amount of Rs.1,00,000=00 orally as well as writing, but the opposite party society did not care to return the amount with interest. The opposite party is a society registered under the Karnataka Society Registration Act. The complainant in her affidavit as well as written arguments has reiterated the averments of the complaint.
7. The complainant has produced the copy of savings account maintained in the opposite party society bearing No.360. The complainant has opened the SB account in the opposite party society on 6-4-2015. According to the complainant, she has kept Rs.3,00,000=00 as FD amount in the opposite party society on 6-4-2015 for a period of three years and on the same day she has opened SB account. Account extract indicates that the opposite party has credited the interest to FD amount once in three months. Further it indicates that on 16-4-2018 after expiry of three years period the opposite party has credited Rs.3,00,000=00 to the complainant’s account and balance was Rs.3,22,700=00 as on 6-4-2018. The opposite party has paid Rs.50,000=00 on 4-5-2018, Rs.50,000=00 on 11-6-2018, Rs.50,000=00 on 25-6-2018 and Rs.50,000=00 on 23-1-2019. Closing balance as on 23-1-2019 in savings account of complainant was Rs.1,22,700=00. Prior to that the opposite party has issued cheque for Rs.75,000=00 in favour of the complainant dated 26-7-2018, but the said cheque came to be bounced. After dishonor of the cheque only the opposite party has paid Rs.50,000=00 as on 23-1-2019 thereafter the complainant has got issued notice dated 20-4-2019 to the opposite party to pay balance FD amount of Rs.1,00,000=00 within fortnight but in spite of service of notice the opposite party has failed to return the FD amount along with balance amount of Rs.22,700=00 and accrued interest.
8. The documents produced by the complainant proves that she has kept Rs.3,00,000=00 as FD in the opposite party society for a period of three years as on 6-4-2015 but the opposite party has failed to repay the entire FD amount with interest after expiry of three years i.e. on 6-4-2018 along with interest though it was credited in her savings account. Therefore, the act of opposite party not returning the FD balance amount of Rs.1,00,000=00 it was due on 6-4-2018 amounts to deficiency in service. That apart the opposite party has failed to pay interest amount of Rs.22,700=00 lying in the savings account of the complainant.
9. The complainant in her written arguments has asked for compensation as her husband has pledged the gold ornaments with Sunil Pawn Brokers to make repayment of the loan availed by them. The complainant’s husband pledged gold ornaments with Sunil Jewellers in the month of May-2018 and Feb-2019. In support of her contention the complainant has produced Pawn ticket repayment issued by Sunil Pawn brokers. The complainant is not entitled interest on the FD amount since already the opposite party society has credited the interest once in three months on the FD amount till 6-4-2018. The opposite party society shall liable to pay interest on the balance FD amount of Rs.1,00,000=00 and Rs.22,700=00 lying in her savings account.
10. The complainant has produced pamphlet issued by the opposite party inviting the public to make deposit as they are going to pay higher interest on FD. According to this pamphlet the opposite party has agreed to pay interest at the rate of 12% per annum if deposit has made for three years and the interest is applicable with effect from 1-1-2018. The complainant was compelled to pay interest to Sunil Pawn Brokers for deficiency in service on the part of the opposite party for non return of FD amount of Rs.1,00,000=00 along with interest which was due on 6-4-2018. Therefore, the opposite party shall liable to pay Rs.25,000=00 as compensation for mental agony as her husband has paid interest to the Pawn Brokers . For the above reasons, we proceed to pass the following:
ORDER
The complaint filed by Smt.Sumitra is partly allowed directing the Opposite party to return Rs.1,22,700=00 to the complainant with interest at the rate of 12% per annum from 6-4-2018 till its payment.
It is further ordered that the opposite party shall pay Rs.25,000=00 as compensation and Rs.5,000=00 as litigation cost to the complainant within 45 days from the date of this order, otherwise it carries interest at the rate of 10% per annum from the date of complaint till payment.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the Open Forum on this the 19th day of June, 2020).
LADY MEMBER MEMBER PRESIDENT
