BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.71/2016
 

Date: 07^th day of December, 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)

                V/s

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) to refund Rs.32,208/- with 18% interest from the date of filing of this case, till realization. Rs.20,000/- towards mental agony, torture and travelling expenses, Rs.5,000/- towards cost of proceeding and any other relief deems fit under the circumstances of the case.

02.    The brief fact of the case are as follows:

The complainant is resident of Rabkavi, Tq: Jamkhandi. The complainant had deposited two F.D. deposits, one of Rs.6,000/- on 29.10.2004. The date of maturity was on 29.07.2011 at the interest rate of 10.5% per annum. The maturity amount was Rs.12,078 and another deposit of Rs.10,000/- was deposited on 30.11.2004 and the date of maturity was 30.08.2011 at interest at the rate of 10.5% p.a. The maturity amount was Rs.20,130/-. Hence, the total matured amount of RS.32,208/- was not returned to the complainant. The Ops after enquiry had been saying that the amount will be refunded after six months. After so many enquiries, the complainant issued a legal notice on 29.06.2015 through his advocate. The OP did not reply to the notice. Hence, the complainant has filed this present Complaint to direct the Ops to refund Rs.32,208/- with 18% interest from the date of filing of this case, till realization. Rs.20,000/- towards mental agony, torture and travelling expenses, Rs.5,000/- towards cost of proceeding and any other relief deems fit under the circumstances of the case.

03.    After receipt of notice, OPs though sufficient time was given and they are not appeared before this Forum and placed Ex-parte.  

04.    The complainant tendered affidavit evidence and placed following documents which are marked as EX C1 to C3 which are as follows:                        

05.    After considering the material placed on record, the following points that would arise for our consideration are:

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: On perusal of the pleadings, evidence coupled with the documents of respective parties on record. The complainant had deposited Rs.6,000/- on 29.10.2004 and Rs.10,000/- on 30.11.2004 as fixed deposit with the OP credit society (EX C1). After the date of maturity i.e. 29.07.2011 and 30.08.2011 the total amount after maturity was Rs.32,208/-. Even after regular enquiries, the Ops did not refund eh amount The OP had been saying that they will refund the amount after few months. Then the complainant issued a legal notice on 29.06.2015, the case of the complainant is proved that there is deficiency in service on the part of the Ops as per documents produced by complainant i.e. EX C1 to C3. Hence, we answer the Point No.1 in affirmative.

  8.  POINT NO.2: Once the deficiency in service is proved, the next point is how much compensation is entitled for? That the complainant has entitled to get refund of Rs.32,208/- along with interest. Further, the complainant has entitled to get an amount of Rs.5,000/- towards mental agony and Rs.2,000/- towards cost of this proceeding. Hence, we answer Point No.2 in partly affirmative.

  9.  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.

1. The complainant is entitled to get Rs.32,208/-  (Rupees thirty two thousand two hundred and eight) towards deposited amount with interest at 9% p.a. from the date of filing i.e. on 25.05.2016, till realization.

2. The complainant is also entitled to get compensation of Rs.5,000/- (Rupees five thousand) towards mental agony to the Ops.

3. The complainant is also entitled to get an amount of Rs.2,000/- (Rupees two thousand) towards the cost of proceeding to the OPs.

4. The OPs are jointly and severally 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. of Rs.32,208/- from the date of Order, till payment is made.

5. 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 07^th day of December, 2016)