BEFORE THE DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM, BAGALKOT.
COMPLAINT NO.20/2016
Date: 05th day of November, 2016
P r e s e n t:
01) Smt.Sharada.K. President…
B.A.LL.B. (Spl)
02) Smt. Sumangala.C.Hadli. Lady Member…
B.A (Music)
03) Shri.Shravanakumar.D.Kadi Member…
M.Com.LL.B. (Spl)
Complainant :- |
| Ravindra S/o Chandrashekhar Girisagar, Age: 48 Yrs., Occ: Business, R/o Rabkavi, Tq: Jamakhandi, Dist: Bagalkot.
(Rep. by Sri.J.N.Kulkarni, Adv.)
|
V/s
Opposite Parties :- | 1. 2. | The President, Shri. Vijaylaxmi Urban Co-op. Credit Society Ltd., R/o: Hosur, Tq:Jamakhandi, Dist: Bagalkot. The Manager, Shri Vijaylaxmi Urban Co-op. Credit Society Ltd., R/o: Hosur, Tq: Jamakhandi, Dist: Bagalkot. (OP1 and OP2 Exparte) |
JUDGEMENT DELIVERED BY SMT. SUMANGALA.C.HADLI, MEMBER
The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) seeking direction to Ops to make payment of Rs.1,61,040/- along with the interest at 18% p.a. which was deposited the Ops. The complainant has also claimed Rs.50,000/- as the compensation for mental agony and Rs.5,000/- towards cost of litigation.
02. The brief fact of the case are as follows:
The complainant has deposited in a sum of Rs.1,61,040/- with the Ops-Sri. Vijaylaxmi Cooperative Society on various dates stating from the year-2014 to 2015 at the agreed rate of interest at 10.5% p.a. which are as follows:
SL. No. | Amount Deposited in Rs. | Certificate No. | Date of Deposits | Date of Maturity | Int. | Maturity Amount |
1. | Rs.5,000/- | 1811 | 01.09.05 | 01.06.12 | 10.5% | 10,065/- |
2. | Rs.5,000/ | 0986 | 01.06.04 | 01.03.11 | 10.5% | 10,065/ |
3. | Rs.5,000/ | 1806 | 01.08.05 | 01.05.12 | 10.5% | 10,065/ |
4. | Rs.5,000/ | 2000 | 01.07.05 | 01.04.12 | 10.5% | 10,065/ |
5. | Rs.5,000/ | 1989 | 01.06.05 | 01.03.12 | 10.5% | 10,065/ |
6. | Rs.5,000/ | 1982 | 30.04.05 | 30.01.12 | 10.5% | 10,065/ |
7. | Rs.5,000/ | 1970 | 02.04.05 | 02.01.12 | 10.5% | 10,065/ |
8. | Rs.5,000/ | 1965 | 01.03.05 | 01.12.12 | 10.5% | 10,065/ |
9. | Rs.5,000/ | 1960 | 01.02.05 | 01.11.11 | 10.5% | 10,065/ |
10. | Rs.5,000/ | 1954 | 01.01.05 | 01.10.11 | 10.5% | 10,065/ |
11. | Rs.5,000/ | 1940 | 01.12.04 | 01.09.11 | 10.5% | 10,065/ |
12 | Rs.5,000/ | 1930 | 03.11.04 | 03.08.11 | 10.5% | 10,065/ |
13. | Rs.5,000/ | 1916 | 04.10.04 | 04.07.11 | 10.5% | 10,065/ |
14. | Rs.5,000/ | 1905 | 01.09.04 | 01.09.11 | 10.5% | 10,065/ |
15. | Rs.5,000/ | 0998 | 02.08.04 | 02.05.11 | 10.5% | 10,065/ |
16. | Rs.5,000/ | 0992 | 02.07.04 | 02.04.11 | 10.5% | 10,065/ |
| Grand Total:- | 1,61,040/- |
After the date of maturity of the said deposits, the Ops did not refund the said amount. The complainant has requested many times inspite of the Ops has turned dead ear. On 11.12.2015, the complainant issued a Demand Notice, even after that the complainant has not refunded the amount. Hence, the complainant has filed this Complaint praying for seeking direction to Ops to make payment of Rs.1,61,040/- along with the interest at 18% p.a. which was deposited the Ops. The complainant has also claimed Rs.50,000/- as the compensation for mental agony and Rs.5,000/- towards cost of litigation.
03. After receipt of notice, Ops have not appeared before this Forum though sufficient time was given to the OPs and placed Ex-parte.
04. The complainant tendered affidavit evidence and placed following documents which are marked as EX C1 to C18 which are as follows:
1. | Original Vijaylaxmi Cash Certificates | EX C1 to C16 |
2. | Copy of Legal Notice issued by the complainant, | EX C17 |
3. | Postal Acknowledgement | C18 |
05. After considering the material placed on record, the following points that would arise for our consideration are:
1. | Whether the complainant has proved his claim as alleged by the Complaint? |
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2. | Whether the complainant is entitled to get any compensation? |
3. | What Order? |
06. After considering the evidence tendered by the complainant and on careful consideration of the points urged during the course of arguments, our findings for the above points are as follows:
Point No.1 – Affirmative,
Point No.2 – Partly Affirmative,
Point No.3 - As per the final order.
R E A S O N S
07. POINT NO.1: The complainant has produced all the original deposited receipts which are marked as EX C1 to C16 and he has given legal notice to the Ops. Even after that they have not refunded the amount. After receipt of notice, Ops have not appeared before this Forum neither in-person nor, though their counsel. It is proved beyond reasonable doubt, the Ops have taken Rs.1,61,040/- as deposit from the complainant assuring an interest at the rate of 10.5% per annum as per EX C1 to C16 produced before this Forum. Hence, complainant has proved his deficiency in service on the part of Ops. Hence, we answer Point No.1 in the affirmative.
08. POINT NO.2: To substantiate this point, complainant has proved that there is deficiency in service on the part of Ops. Hence, the complainant has entitled to get Rs.1,61,040/- towards deposited amount. The complainant is also entitled to Rs.5,000/- is awarded towards mental agony caused to the Complaint. Rs.1,000/- towards cost of this litigation. Hence, we answer Point No.1 in the Partly affirmative.
09. POINT NO.3: In view of our findings recorded to Point No.1 and 2, we proceed to pass the following:
//ORDER//
- This Complaint is partly allowed.
- The Ops shall have to pay an amount of Rs.1,61,040/- (Rupees one lakh sixty one thousand forty) along with interest at the rate of 10% p.a. from the date of deposit, till the date of realization.
- The OPs shall have to pay an amount of Rs.5,000/- (Rupees five thousand) towards mental agony and Rs.2,000/- (Rupees two thousand) towards the cost of proceeding.
- The Ops are directed to comply this order within a period of sixty days from the date of receipt of this Order, failing which the amount carries interest at the rate of 12% p.a. from the date of Order, till payment is made
- Send a copy of this Order to both parties free of cost.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 05th day of November, 2016)
(Smt.Sharada.K) President. | (Smt.Sumangala. C. Hadli) Member. Lady Member. | (Sri.Shravankumar.D.Kadi) Member. Member. |
