Complaints filed on: 12-08-2021

                                                      Disposed on: 24-11-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.64/2021

DATED THIS THE 24^th DAY OF NOVEMBER, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Dore Swamy Naik

                                                S/o late Rama Naik,

Aged about 65 years,

Resident of Annapoorneshwari

Nilaya, Chowdeshwari temple road, Antharasanahalli, Arakere, Tumakuru

(By Sri.Muralikrishna, Advocate)

V/s

Opposite parties:-    

1. The President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, behind Dwaraka Hotel, M.G. Road, Lakshmiram building, Tumkur

2. Vice President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, behind Dwaraka Hotel, M.G. Road, Lakshmiram building, Tumkur

3. The Secretary,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, behind Dwaraka Hotel, M.G. Road, Lakshmiram building, Tumkur

 (OP Nos.1 to 3- Exparte)

ORDER

SRI.KUMARA.N, MEMBER

This complaint is filed under Section 35 of Consumer Protection Act, 2019 to direct the Opposite Parties to pay Rs.2,00,000-00 with accrued interest @ 11% p.a. and further direct to pay damages of Rs.2,00,000-00 for deficiency of service and cost of complaint.

2. It is the case of complainant that on 30-11-2019 the complainant had deposited Rs.1,00,000-00 and Rs.1,00,000-00 as two fixed deposits bearing Nos.415 and 416 respectively in the OP society and it matured on 28-2-2021. After maturity of the FD bonds, the complainant has approached the OP society for release of FD amount with accrued interest, but the OPs had given evasive answer. The act of OP society non-release of FD amount amounts to deficiency of service and negligence. Thereafter, the complainant has got issued legal notice to the OPs through his counsel on 27-04-2021 calling upon them to release FD amount with accrued interest. The OP society has failed to release the FD amount with accrued interest, despite issue of legal notice hence, this complaint for deficiency of service and negligence on the part of OP society.

3. After registering the complaint notice was issued to the OP Nos.1 to 3, but OPs have refused to receive the notice hence, they have placed exparte.

4. The complainant has filed his affidavit and produced nineteen (19) documents marked as Exs.P1 to P19.

5. We have heard the oral arguments of learned counsel for complainant and points that would arise for determination are as under.

1. Whether the complainant proves the deficiency on the part of OPs not releasing the FD amount with accrued interest after the maturity date?
2. Is complainant entitled to the reliefs sought for?

6. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative  

Point No.2: As per final order for the below

REASONS

7. Point No.1 and 2: The learned counsel for the complainant submitted that the OPs have failed to return the FD amount along with accrued interest. Further the complainant in his affidavit has reiterated the averments of complaint.

8. The complainant has produced documents which are marked as Exs.P1 and P2/original fixed deposit receipts No.416 and 415 which signed by the Secretary, Vice-President and President of the OP Society. This proves that the complainant has deposited Rs.1,00,000-000 and Rs.1,00,000-00 on 30-11-2019 and maturity date was on 28-2-2021. Further the complainant has produced Ex.P10 and Ex.P12 which are requisition letters dated 10-11-2020 and 12-7-2021 respectively given to the OP society to return the FD amount and legal notice dated 27-4-2021 which marked as Ex.P17. The OPs though have served with notice did not respond nor returned FD amount with accrued interest. The OPs have agreed to give interest @ 11% p.a. on the FD amount. At present bank rate of interest has come down as such the complainant is entitled to interest @ 8% p.a. on the amount payable by OPs. The OPs have committed deficiency of service in not returning the amount deposited by the complainant. The OPs have compelled the complainant to approach this Commission thereby he suffered mental agony and for that the OPs shall pay compensation of Rs.10,000=-00 and litigation cost of Rs.10-000-000. Accordingly, we proceed to pass the following.

ORDER

The complaint is partly allowed with costs.

The OP Nos.1 to 3 are jointly and severally directed to pay Rs.2,00,000=00 to the complainant with interest @ 11% p.a. from 30-11-2019 till 28-2-2021 and thereafter @ 8% p.a. from 01-03-2021 till the date of payment.

It is further ordered that the OP Nos.1 to 3 are  jointly and severally shall liable to pay litigation cost of Rs.10,000=00 and compensation of Rs.10,000=00 to the complainant within 45 days from the date of this order. Otherwise, it carries interest at the rate of 8% per annum from the date of filing complaint till the date of realization.

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 24^th day of November, 2021).

LADY MEMBER            MEMBER                       PRESIDENT