CC Filed on 11.11.2010
Disposed on 09.12.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 09th day of December 2011
PRESENT:
HONORABLE T. RAJASHEKHARAIAH, President.
HONORABLE T.NAGARAJA, Member.
HONORABLE K.G.SHANTALA, Member.
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Consumer Complaint No. 228/2010
Between:
Smt. Nanjamma, W/o. late L. Nanjundappa, Aged about 55 years, R/o Nanjundeshwara Nilaya, Amaravathi Layout, Bangarpet, Kolar District. (By Advocate Sri. Venkatarama Reddy ) V/S 1. The Managing Director, Kolar District Central Co-operative Central Bank Ltd., Kolar, Near TAPCMS., 2. The Manager, The Kolar District Central Co-operative Central Bank Ltd., Branch Office at APMC Yard, Bangarpet. | ….Complainant |
Now the Bank is situated at Kuvempu Circle, Madhaiah Road, Bangarpet Town & Taluk, Kolar District. (By Advocate Sri. R. Raghupathi Gowda) | ….Opposite Parties |
ORDER
The complainant has sought for action against the Opposite Party due to their deficiency in service i.e. not disbursing the fixed deposit amounts of Rs.3,00,000/- as interest accrued on 03 F.Ds. at 12% p.a. i.e. Rs.3,34,000/- in all a sum of Rs.6,34,000/- along with future interest from the date of filing the complaint till its realization.
2. The complainant avers that her husband late L. Nanjundappa had deposited his retirement benefits with the Opposite Party No.2 Bank under 03 F.Ds. each bond amount being Rs.1,00,000/- with interest at 12% p.a. The details are hereunder:
Sl. No. Date of Deposit Bond No. Amount
1. 28.07.2001 1039 Rs.1,00,000/-
Interest from 28.07.2001 to 10.11.2010 Rs.1,11,500/-
2. 04.08.2001 10352 Rs.1,00,000/-
Interest from 04.08.2001 to 10.11.2010 Rs.1,11,250/-
3. 04.08.2001 10351 Rs.1,00,000/-
Interest from 04.08.2001 to 10.11.2010 Rs.1,11,250/-
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Total Rs.6,34,000/-
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The complainant further alleges that complainant’s husband had right to claim interest at the rate of 12% p.a. and at the time of depositing the amounts, the complainants’ husband had right to claim interest at the rate of 12% p.a. and at the time of depositing the amounts, the complainant’s husband had nominated the complainant as nominee to the said F.Ds. That the complainant’s husband died on 09.09.2008, subsequently complainant requested Opposite Party No.2 to disburse the F.D. amounts of complainant’s husband but Opposite Party No.2 Bank has postponed the same on one or the other pretext. Inspite of the F.Ds. having matured and several requests and representation, the Opposite Parties have not disbursed the F.Ds. and on 06.08.2010 the complainant got issued legal notice. The complainant then filed the above complaint.
3. On service of notices, Opposite Party No.1 and 2 appeared through Counsel and filed common version and documents denying that hey owed Rs.6,34,000/- to the complainant. According to the Opposite Parties they were due for a refund of F.D. amount of Rs.1,00,000/- and interest of Rs.13,000/- only to the complainant as they had paid Rs.1,00,000/- and Rs.20,000/- only through two vouchers allegedly signed by complainant’s deceased husband. The complainant filed counter and disputed the signatures of her late husband and the vouchers. She also denied that her husband used to receive monthly interest at 12% interest.
4. On perusal of the complaint and version averments, affidavits of the parties and documents produced by the complainant and Opposite Parties, the points that arise for consideration are:
Point No.1: Whether the complainant has proved the alleged
deficiency in service by the OP?
Point No.2: If so, to which reliefs the complainant is entitled to?
Point No.3: To what order?
5. Our findings to these points are as hereunder:
1. Negative
2. Negative
3. As per final order.
R E A S O N S
6. POINT NO.1: It is the contention of the Opposite Party that the interest amount was paid to the complainant’s husband during his life time. It is also contended by the Opposite Party that the complainant’s husband sought for pre-mature payment and because of it relating to one F.D. they have paid Rs.1,20,000/- and relating to another F.D. they have paid Rs.87,000/- and they have also produced the necessary vouchers executed by the complainant’s husband for having made that payments. Hence the Opposite Party contended that only Rs.1,13,000/- is due, due to be paid by the Opposite Party to the complainant. The complainant has denied that her husband has prematurely surrendered the F.Ds. and taken part of the amount and she has denied the genuiness of the vouchers said to have been executed by the complainant’s husband. In this way whether the complainant’s husband has partially withdrawn the amount by pre-maturely surrendering the said F.D.s is a disputed question of facts. For proving such points, detailed enquiry will be necessary and it cannot be decided in this summary proceedings. The Opposite Party has produced all the documents said to have been executed by the complainant’s husband at the time of surrendering the F.Ds. prematurely and about making payment of the amount under that F.Ds. Hence the contention of the complainant to that effect stating that no payment was drawn by her husband cannot be accepted at this stage. As it is involving serious disputed question of facts, that cannot be decided in this summary proceedings. Hence it cannot be held that there was any deficiency in service by the Opposite Party.
7. POINT NO.2 & 3: In view of the finding on point No.1, the contention of the complainant that no amount was paid relating to that those F.Ds. is not acceptable. However Opposite Party specifically admitted that relating to those F.Ds. Rs.1,13,000/- is still with the Opposite Party. Hence atleast this admitted amount may be ordered to be paid to the complainant. Hence the Opposite Party shall be liable to pay interest from the date of maturity of the F.D. i.e. from 05.08.2007 until actual payment. Hence we pass the following:
O R D E R
It is held that the complainant has failed to prove the alleged deficiency in service. Hence the complaint is dismissed. However as the Opposite Party has admitted that he is due to pay Rs.1,13,000/-, the Opposite Party is directed to pay the said sum with interest at the rate of 12% p.a. from 05.08.2007 until actual payment. No costs. The Opposite Party is granted 30 days time to comply this order.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 09th day of December 2011.
T. NAGARAJA K.G.SHANTALA T. RAJASHEKHARAIAH
MEMBER MEMBER PRESIDENT
