THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101 consumer case(CC) No. CC/07/174
B.G.Somanatha Guptha
...........Appellant(s)
Vs.
The President
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 20.09.2007 Disposed on 22.05.2008 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated 22.05.2008 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No.174/2007 Between: - Sri. B.G. Somanatha Guptha, Vinayaka Nilaya No.1541, 6th Cross, 2nd Main, Vivekananda Nagar, Bangarpet, Kolar District. Complainant (By Advocate Sri. Pavan Chandra Shetty) V/S 1. The President, Earth Movers Employees House Building Co-operative Society Ltd., Near Railway Station, Opp: District B.C.M. office, Kolar 563 101. 2. The Secretary, Earth Movers Employees House Building Co-operative Society Ltd., Near Railway Station, Opp: District B.C.M. Office, Kolar 563 101. Opposite Parties (By Advocate Sri. Sama Rangappa) ORDERS This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay a CC No.174/2007 sum of Rs.1,00,000/- with interest at 21% per annum and to pay Rs.1,00,000/- compensation with costs etc., 2. The complaint is for recovery of deposits of Rs.1,00,000/- made by complainant with opposite party No.2 under receipt No.3269 dated 16.03.2002 and receipt No.3444 dated 14.05.2002 for Rs.75,000/- and Rs.25,000/- respectively. It is found from the records that in respect of these deposits complainant had already filed CC 64/07 and an award has been passed. When this fact is brought to the notice of complainant he told that he had deposited Rs.20,000/- in RD account from his salary by paying Rs.1,000/- per month from May-2002 to December-2003 and this complaint was intended to be filed for this Rs.20,000/- and by mistake wrong averments are made in the complaint. The counsel for opposite party No.2 admitted the deposited of Rs.20,000/- in RD account. He submitted that to avoid further litigation an order may be passed for return of Rs.20,000/- with reasonable interest. Though the complaint is not maintainable on the basis of allegations made in the complaint we think the complaint may be allowed for Rs.20,000/- which represents the amount deposited by complainant in RD account maintained by opposite party No.2. CC No.174/2007 3. Hence we pass the following: O R D E R The complaint is partly allowed with costs of Rs.1,000/-. The opposite party No.2 shall pay Rs.20,000/- (Twenty Thousand only) to complainant with interest at 7% per annum on the said amount from 01.03.2003 till the date of payment within three months from the date of this order. Dictated to the Stenographer, corrected and pronounced in open Forum this the 22nd day of May 2008. MEMBER MEMBER PRESIDENT
Consumer Court Lawyer
Best Law Firm for all your Consumer Court related cases.
