Complaints filed on: 26-07-2021

                                                      Disposed on: 14-01-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.59/2021

DATED THIS THE 14^th DAY OF JANUARY, 2022

PRESENT

SRI.KUMARA.N, B.Sc., L.L.B, PRESIDENT (I/c)

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

Complainant: -

H.B.Khadripathi, Advocate

Aged about 63 years,

R/at Lakshmi Narasimha Krupa, Anikethana School Road, Nagannanapalya,

Sira gate, Tumakuru   

(In person)

V/s

Opposite parties:-    

1. The President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

2. Vice President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

3. B.N.Puttanarasareddy, Advocate, Ex.President,

Presently Director of

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

 (OP Nos.1 to 3- Exparte)

ORDER

SRI.KUMARA.N, PRESIDENT (I/c)

This complaint filed by the complainant, party in person by Sri.Khadripathi, advocate residing at Tumkur under Section 35 of Consumer Protection Act, 2019 to direct the Opposite Parties (hereinafter called as OPs) to pay Rs.96,000-00 and Rs.6,000-00 under FD receipt bearing no.417 with maturity date 4-3-2021 and receipt no.421 with maturity date 23-1-2020 respectively with accrued interest till payment of FD amount and for reimbursement of share amount with cost of complaint. Further directed to pay Rs.25,000-00 towards mental agony and harassment in the interest of justice.  

2. It is the case of complainant that on assurance given by the 3^rd OP the complainant has got opened SB account No.795 on 8-11-2019 and also deposited a share amount of Rs.250-00.  Further on 4-12-2019 and on 23-1-2020 the complainant had deposited Rs.92,000-00 and Rs.6,000-00 as two fixed deposits bearing Nos.417 and 421 respectively in the OP society and it said FDs matured on 4-3-2021 and 23-1-2022 and agreed to give interest @ 12% p.a. and 11% p.a. respectively. After maturity of the FD bonds, the complainant has approached several times the OP society for release of FD amount with accrued interest, but the OPs had given evasive answer. Further the complainant issued request letter/notice on 21-12-2020 to the OP society, which was duly served personally to the OP society President. In spite of service of notice the OP society failed to comply. The act of OP society non-release of FD amount, amounts to deficiency of service and negligence. The OP society has failed to release the FD amount with accrued interest hence, this complaint.

3. After registering the complaint notice was issued to the OP Nos.1 to 3, but OP Nos.1 and 2 unclaimed and OP No.3 left address and further on 25-11-2021 paper publication in Kannada daily Samyukta Karnataka taken for appearance of OP No.3. In spite of it the OPs not appeared hence, OP Nos.1 to 3 have placed exparte.

4. The complainant has filed his affidavit and produced ten documents marked as Exs.P1 to P10.

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

1. Whether the complainant proves the deficiency on the part of OPs for 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: Partly affirmative, as per final order

for the below

REASONS

7. Point No.1 and 2: The complainant vehemently argued that the OPs have failed to return the FD mount along with accrued interest. Further the complainant in his affidavit has reiterated the averments of complaint.

8. The complainant has produced documents which were marked as Exs.P1 and P2/copy of fixed deposit receipts bearing No.421 and 417  issued on 23-1-2020 for Rs.6,000-00 on 4-12-2019 for Rs.92,000-00 and maturity date were 23-1-2022 and 4-3-2021 with interest @ 12% p.a.  and 11% p.a. respectively which were signed by the Secretary, Vice-President and President of the OP Society proves that the complainant has deposited Rs.6,000-000 and Rs.96,000-00 in the OP society. Further the complainant has produced Ex.P10 which proves that the complainant letter/notice dated 21-12-2020 duly served. The OPs though served neither respond nor returned FD amount with accrued interest to the complainant. The OPs have agreed to give interest @ 12% and 11% p.a. on the FDs 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 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.6,000-00 and Rs.92,000-00 with interest @ 8% p.a. from the date of deposit i.e. on 23-1-2020 and 4-12-2019 respectively to the complainant  till the date of payment.

It is further ordered that the OP Nos.1 to 3 are  jointly and severally shall liable to pay 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. Failing which, it carries interest at the rate of 10% 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 14^th day of January, 2022).

LADY MEMBER                                         PRESIDENT (I/c)