Karnataka

Kolar

CC/09/26

Sri. R. Sarangapani - Complainant(s)

Versus

The president, - Opp.Party(s)

S.R.Nagesh

19 Aug 2009

ORDER


THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM
No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101
consumer case(CC) No. CC/09/26

Sri. R. Sarangapani
...........Appellant(s)

Vs.

The Secretary
The president,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

CC Filed on 06.04.2009 Disposed on 20.08.2009 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 20th day of August 2009 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 26/2009 Between: R. Sarangapani, Ex-BGML Employee, Aged 62 years, R/at No. 24, I.P.O Block, Marikuppam, Kolar Gold Fields. (By Advocate Sri. S.R. Nagesh and others ) ….Complainant V/S 1. The President, BEML Employees Credit Co-operative Society Ltd., Maharaja Road, Robertsonpet, K.G.F. 2. The Secretary, BEML Employees Credit Co-operative Society Ltd., Maharaja Road, Robertsonpet, K.G.F. ….Opposite Parties ORDERS This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay Rs.1,50,000/- being the F.D. amount with interest at 24% p.a. from the date of default till the date of payment and to pay compensation of Rs.50,000/- for mental agony and for costs, etc. 2. It is alleged in the complaint that the complainant deposited Rs.1,50,000/- on 03.05.2007 with BEML Employees Credit Co-operative Society Limited, K.G.F. repayable after 24 months with interest at 10.25% p.a. payable every month. OP.1 is the President and OP.2 is the Secretary of the said Co-operative Society. It is alleged that the interest was received at the agreed rate till the date of maturity and subsequently the OPs failed to repay the fixed deposit amount of Rs.1,50,000/-. Hence the complainant has filed the present complaint. 3. The OPs appeared and prayed time to file version. Subsequently they did not file any version. The complainant has reported before this Forum that he received Rs.25,000/- on 18.05.2009 and another Rs.25,000/- on 14.08.2009 subsequent to filing of the present complaint from OPs. In view of the facts of the present case, the further time sought by complainant to file affidavit by way of evidence is not entertained and the case is posted for orders. 4. The deposit of Rs.1,50,000/- was matured on 02.05.2009. The complaint was filed on 03.04.2009, a few days earlier to the maturity of the deposit. The OPs who had appeared had orally admitted the transaction. The complainant has filed a copy of the deposit receipt signed by President and Secretary of the said society. Therefore we believe the truth of the allegations regarding the deposit of amount and its non-payment after its maturity. Hence we pass the following: O R D E R The complaint is allowed with costs of Rs.1,000/-. The OPs shall pay Rs.1,50,000/- to complainant with interest at the rate of 7% p.a. from 03.05.2009 till the date of payment less amount of Rs.25,000/- paid on 18.05.2009 and another amount of Rs.25,000/- paid on 14.08.2009 to complainant. The amount payable shall be paid within 45 days from the date of this order. Dictated to the Stenographer, corrected and pronounced in open Forum this the 20th day of August 2009. MEMBER MEMBER PRESIDENT