BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GADAG. Basaveshwar Nagar, Opp: Tahasildar Office, Gadag COMPLAINT NO.27/2021 DATED: 31st DAY OF MARCH-2022 |
BEFORE: | | | HON'BLE MR. D.Y. BASAPURA, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mrs. YASHODA BHASKAR PATIL, WOMAN MEMBER B.Com, L.L.B(Spl.,) M.Ed., HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER |
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Complainant/s: Suresh S/o Shivaji Pete,
Age: 44 Years, Occ: Engineer,
R/o Adhyapak Nagar, Nargund,
District: Gadag.
(Rep. by Sri.C.S. Rachayyanavar,
Advocate)
V/s
Respondents :- | | 1. The President, “Shri. Ram Gruha Nirmana Sahakari Sangha”, Adhyapak Nagar, Nargund, District: Gadag. (Absent) 2. The Secretary, “Shri. Ram Gruha Nirmana Sahakari Sangha”, Adhyapak Nagar, Nargund, District: Gadag. (Absent) |
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JUDGEMENT
JUDGEMENT DELIVERED BY SRI. D.Y. BASAPUR, PRESIDENT:
The complainant filed the complaint for compensation of Rs.2,80,000/- with interest @ 12% p.a from the date of FD till filing of the complaint, Rs.50,000/- towards deficiency of service and Rs.10,000/- towards cost.
The brief facts of the complaint are as under:
2. The complainant and OPs are permanently residing in the address as mentioned in the cause title. OP No.1 is the President and OP No.2 is the Secretary of “ Shri Ram Gruha Nirmana Sahakari Sangha ”, Adhyapak Nagar, Nargund. The OP Society is a non-banking financial institution and established on 25.02.1983, carrying the personal account No.PAN-AAFAS7246A. The said society lending loan and accepts the Fixed Deposits from the members. The complainant has deposited a sum of Rs.1,00,000/- on 26.05.2018, Rs.1,00,000/- on 03.06.2018 and Rs.50,000/- on 13.08.2018 for the period of one year with interest @ 12% p.a. After maturity, in spite of repeated requests and demands, the OPs have not refunded the said amount with interest. Complainant being the consumer issued legal notice on 20.09.2021 to remit the said deposit amount with interest within seven days from the date of service of the notice. In spite of service of the notice, they have not remitted the said amount, hence filed this complaint.
3. After registered the case, in pursuance of service of notice, OPs remained absent and not chosen to appear before the Commission and put forth their defence.
4. To prove the case, complainant filed affidavit evidence and marked the documents as Ex.P-1 to Ex.P-8.
5. Heard the counsel for complainant.
6. The points for our consideration arose are as under:
i) Whether the complainant proves that, he had deposited FD for Rs.2,50,000/- with interest @ 12% p.a?
ii) Whether the complainant proves that, there is a deficiency of service by the OPs?
iii) Whether the complainant is entitled for the relief as sought for?
iv) What order?
7. Our findings on the above points are as under:
Point No.1: Affirmative
Point No.2: Affirmative
Point No.3: Partly Affirmative
Point No.4: As per final order.
REASONS
8. Point No.1 to 3:- The points are taken together to avoid the repetition of facts. The learned counsel for the complainant argued that, as per complaint, affidavit and documents, complainant has proved the case and entitled for the relief as sought for.
On careful perusal of the materials placed before us, the complainant has filed affidavit and reiterated the contents of the complaint. The complainant states that, he and OPs are permanently residing in the address as mentioned in the cause title. OP No.1 is the President and OP No.2 is the Secretary of “ Shri Ram Gruha Nirmana Sahakari Sangha ”, Adhyapak Nagar, Nargund. The OP Society is a non-banking financial institution and established on 25.02.1983, carrying the personal account No.PAN-AAFAS7246A. The said society lending loan and accepts the Fixed Deposits from the members. The complainant has deposited a sum of Rs.1,00,000/- on 26.05.2018, Rs.1,00,000/- on 03.06.2018 and Rs.50,000/- on 13.08.2018 for one year FD with interest @ 12% p.a. After maturity, in spite of repeated requests and demands, the OPs have not returned the said amount with interest.
Ex.P-1 to P-3 are the FD receipts issued by the OP society reveal that, FD amount a sum Rs.1,00,000/-, Rs.1,00,000/- and Rs.50,000/- deposited respectively for a period of one year. After maturity, OP society has not repaid the deposited amount with interest. Ex.P-4, the legal notice issued by counsel for complainant to the OPs demanding to repay the said amount. Ex.P-5 and P-6 are the postal receipts. Ex.P-7 and P-8 are the postal acknowledgements reveal that, in spite of service of notice, OPs did not repay the amount.
Even after register the case, notice issued to the OPs, they remained absent and not chosen to appear before the Commission and put fort their defence. So, oral and documentary evidence of the complainant remained unchallenged. There is no reason to disbelieve the evidence of the complainant. As per oral and documentary evidence it clearly goes to show that, the OPs have intentionally failed to repay the FD amount with interest and thereby they have committed deficiency of service. Therefore, complainant is entitled for the agreed rate of interest @ 12% p.a from the date of issuance of the FD receipts till lodging of the complaint on 12.10.2021. So, complainant is entitled Rs.1,00,000/- with interest of Rs.40,567/- as per Ex.P-1 FD receipt dated 26.05.2018, similarly for Rs.1,00,000/- Ex.P-2 issued on 03.06.2018 till filing of the complaint on 12.10.2021 interest @ 12% p.a of Rs.41,266/- and Ex.P-3, the FD receipt for Rs.50,000/- issued on 13.08.2018 till 12.10.2021 interest @ 12% p.a of Rs.19,000/-. So, complainant is entitled principal amount with interest in all Rs.3,50,833/-. Further from the date of filing of the complaint till realization, complainant is entitled for future interest @ 8% p.a. Complainant has suffered a lot due to the non-repayment by the OPs, he has suffered mental agony and incurred expenses. Hence, the complainant is entitled Rs.1,000/- towards cost, Rs.5,000/- towards deficiency of service. For the above, we answer Point Nos. 1 and 2 in the affirmative and Point No.3 partly in affirmative.
9. Point No.4:- In the result, we pass the following:
//O R D E R//
The complaint filed u/Sec.35 of the Consumer Protection Act, 2019 is allowed in part.
Complainant is entitled a sum of Rs.3,50,833/-.
Further, the complainant is entitled future interest @ 8% p.a from the date of complaint till realization on the principal amount of Rs.2,50,000/-.
Further, complainant is entitled compensation a sum of Rs.5,000/- towards deficiency of service and Rs.1,000/- towards expenses.
OPs are directed to repay the above amount within two months from the date of receipt of this order.
Office is directed to send the copies of this order to the parties free of cost.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us in the Open Court on this 31st day of March-2022)
,
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
-: ANNEXURE :-
EVIDENCE ON BEHALF OF COMPLAINANT/S:
PW-1: Suresh Shankrappa Pete.
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.P-1 to P-3: FD receipts Ex.P-4: Legal Notice
Ex.P-5 & 6: Postal receipts
Ex.P-7 & 8: Postal Acknowledgements.
EVIDENCE ON BEHALF OF OPs:
-NIL-
DOCUMENTS ON BEHALF OF OPs:
-NIL-
(Shri Raju N. Metri) (Shri. D.Y. Basapura) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
