Complaint filed on: 19-10-2022

                                                      Disposed on:07 -09-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 07^th DAY OF SEPTEMBER, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB.(Spl)., LADY MEMBER

Consumer Complaint No.152/2022 

Smt. Manjamma S/o Ningappa,

Aged about 49 years,

R/o Madihalli Village & at Post,

Kasaba Hobli, Turuvekere Taluk,

Tumakuru District.

                                                          ……….Complainant                        

(By Sri.T.S.Niranjan, Advocate)

V/s

1.       The President,

          Prathamika Krushi Pattina Sahakara

          Sangha Niyamitha, Madihalli,

          Turuvekere Taluk, Tumakuru District.

2.       The Chief Executive Officer,

          Prathamika Krushi Pattina Sahakara

          Sangha Niyamitha, Madihalli,

          Turuvekere Taluk, Tumakuru District.

……….Opposite Party/s

(By Sri.R.Thippeswamy, Advocate)

:O R D E R:

SMT.G.T.VIJAYALAKSHMI -  PRESIDENT

This complaint was filed by the complainant against the Opposite Parties 1 & 2 under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs 1 & 2 to pay Fixed Deposit amount of Rs.84,350-00 along with interest @ 18% PA from the date of maturity and also prays to direct the OPs to pay compensation of Rs.4,00,000/- to the complainant towards mental agony and pain caused by the OPs along with cost.

2.       It is the case of complainant that as per the request of the OPs and assurance to pay the amount immediately after the maturity, she had deposited the amount with the OPs as under:

The complainant further submitted that she requested the OPs to return the maturity amount/amount since the said amount is legally recovered and is very much required for her personal and legal necessity, but the OPs instead of returning the said amount showed hostile attitude with one or the other reasons and also not made any arrangements to return the maturity amount.  Hence, the complainant issued legal notice through RPAD, but the OPs have not claimed the said legal notice and returned with shara “PARTY ABSENT.  Hence, being aggrieved by the attitude of the OPs and deficiency in service on the part of OPs, filed this complaint. 

3.       In spite of service of notice the OP Nos. 1 & 2 appeared through their counsel and filed version, wherein the OP Nos. 1 & 2 contended that they are not liable to pay the amount/compensation to the complainant as because the OP No.1 was recently become President and OP No.2 has taken charge on 30.09.2021.   One Mr. A.P.Prakash, Chief Administrative Officer since from 2007 has mis-appropriated the funds of the society without bring the knowledge of the President and Directors and also without consent of the Society has absconded with the amount of the Society and also remained absent to the meetings conducted by the Society.  It is further contended that the said Society has issued notice to the A.P.Prakash asking him to produce the financial data and regarding absent to the meetings conducted by the Society, but the said A.P. Prakash reaming absent, therefore, one Sri. K.H.Harish deputed as in-charge on 30.09.2021.  Thereafter Assistant Registrar of Co-Operative Department has appointed one Mr.G.P.Basavarajaiah to write the account books. It is further contended that the then Chief Executive Officer Sri. A.P.Prakash has given a consent letter on 08.07.2021 stating that he is responsible for Rs.90,00,000/-, when such being the case, the OPs are not liable to pay the amount and moreover, the complainant has not made the elected Directors to the proceedings.  The OPs admitted the F.D. kept by the complainant, but requested to consider the period of F.D. kept by the complainant.  It is further contended that the complainant has filed this complaint by suppressing the real facts.  Hence, prays to dismiss the complaint.

 4.      The complainant counsel filed affidavit in lieu of evidence and marked the documents at Ex.P1 to P4.  One Sri. D.S.Anandmurthy, President of the OPs has filed his affidavit evidence.

5.       On hearing the arguments of learned counsel for complainant and OPs and on perusal of the documents, the points that would arise for our determination are as under;

1. Whether the complainant proves the deficiency of service on the part of OPs?

2. Is complainant entitled to the relief sought for?

6.        Our findings aforesaid points are as under:

Point No.1: In the Affirmative

Point No.2: As per the final order

:REASONS:

7. Point Nos.1 and 2: The learned counsel for the complainant submitted that, the OPs have failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.

8.  To prove the case, the complainant has produced Ex.P1 & P2 are the xerox copies of FD receipts Ex.P3 is the legal notice and P4 is the Aadhar copy of the complainant.

9.       It is seen from Ex.P1 & P2 that the complainant has deposited an amount of  Rs.50,000/- on 06.02.2014for the period of 7 years 6 months and the maturity date was 07.08.2022 and Rs.70,000-00 on 22.01.2018 for the period of 2 years and the maturity date was 23.01.2020.

10.     In the course of arguments, the counsel for complainant submitted that though the complainant requested the OPs several times to pay the F.D. amount as because the said amount is legally recoverable one and the complainant is very much required for his personal and legal necessity.  But the OPs did not pay the maturity amount.  Hence, the complainant issued legal notice on 20.11.2021, but the legal notice issued by the complainant was not claimed by the OPs.  The complainant further submitted that by oversight in the prayer column he has mentioned the maturity amount only one F.D. amount, but they written in the complaint at Para No.3 as per the F.D. receipts issued by the OPs.  Hence, as per the Ex.P1 and P2, the OP is liable to pay maturity amount of Rs.1,84,350-00.   

Per contra, the OPs contended that, the OP Nos. 1 & 2 has taken charge on 30.09.2021 and one Mr. A.P.Prakash, CEO, since from 2007 has mis-appropriated the funds of the society and the Society has issued notice  to A.P.Prakash. Later, Sri. A.P. has given a consent letter on 08.07.2021 stating that he is responsible for Rs.90,00,000/-, when such being the case the OPs are not liable to pay the amount as claimed by the complainant.  But, it is the internal matter between the A.P. Prakash and Society and it does not affect the rights of the depositors and the OPs are liable to pay the deposit amount to the complainant.  When OPs admit the Fixed Deposit, it is bounden duty of the OPs to return the amount after maturity/after request by the complainant.  If fails to return the F.D. amount after receiving requisition from the complainant amounts to deficiency in service on the part of OPs.  Further, on we have perused the Ex.P1 and P2, wherein it is seen that the OP has issued two F.D. receipts as under:

Hence, the complainant is entitled for the matured amount of Rs.1,84,350-00 along with interest @ 8% PA on the maturity amount from the date of maturity to till its realization. 

11. Due to the deficiency in service and unfair trade practice of the OPs, the complainant has compelled to approach this Commission.  Hence, the complainant is entitled for compensation of Rs.10,000-00 towards mental agony suffered by the complainant and Rs.10,000-00 towards litigation expenses. In the result, we proceed to pass the following;

:ORDER:

The complaint filed by complainant is allowed in part. 

The OPs 1 & 2 are jointly and severally directed to pay Rs.1,00,000/-  and Rs.84,350-00 along with interest @ 8% p.a. from the respective date of maturity i.e. 07.08.2022 and 23.01.2020 to till its realization to the complainant.   

Further, the OPs 1 & 2 are jointly and severally directed to pay Rs.10,000/- towards compensation and Rs.10,000/- towards litigation expenses to the complainant.

Further, the OPs 1 & 2 jointly and severally directed to comply the above order within 45 days from the date of receipt/knowledge of the order.

Supply free copy of this order to both parties.