Karnataka

Tumkur

CC/120/2016

G.Ashwathamma - Complainant(s)

Versus

The President,Sri.Vinayaka Souhardha Credit Co-Operative Society - Opp.Party(s)

Himanand D.C

27 Apr 2017

ORDER

Complaint filed on: 19-09-2016

Disposed on: 27-04-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

 

CC.No.120/2016

DATED THIS THE 27^th DAY OF APRIL 2017

 

PRESENT

 

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SMT.GIRIJA, B.A., LADY MEMBER

 

COMPLAINANT:-

G.Ashwathamma

Aged about 41 years,

W/o Mahanthesha H.T,

Residing at Near City Club,

Tumakuru

(By Advocate Sri.Himanand D.C.)

 

 

V/s

 

OPPOSITE PARTIES:-

 

1.      The President

          Sri.Vinayaka Souhardha Credit

          Co-Operative Society,

          Lakshmiram Building,

          Behind Hotel Dwaraka,

          M.G.Road, Tumakuru – 572 101

 

2.      The Secretary

          Sri.Vinayaka Souhardha Credit

          Co-Operative Society,

          Lakshmiram Building,

          Behind Hotel Dwaraka,

          M.G.Road, Tumkur – 572 101

(By Advocate Sri.R.Premkumar)

 

0RDER

 

BY SMT. PRATHIBHA R.K., PRESIDENT

The complainants have filed this complaint under section 12 of the Consumer Protection Act 1986 against the OPs alleging deficiency in service on the part of OPs and prays to direct the OPs to pay a sum of Rs.2,59,832/- towards interest due, Rs.5,00,000/- towards damages/compensation for financial loss and mental agony and Rs.10,000/- towards legal expenses and such other reliefs as the Hon’ble Forum deem fit to grant,

 

2. The brief facts of the complaint are as under:-

The 1^st OP is a President and the 2^nd OP is the Secretary of Sri Vinayaka Souhardha Credit Co-Operative Society.

          The complainant further submitted that the complainant has deposited an amount of Rs.9,00,000/- in the OP’s Bank on different dates as under:

Statement of Fixed Deposits by G.Ashwathamma
Sl.No.	FDR No.	Amount	Beginning Date
1.	57	1,00,000/-	2/2/2010
2.	58	1,00,000/-	2/2/2010
3.	59	1,00,000/-	2/2/2010
4.	61	1,00,000/-	2/2/2010
5.	68	1,00,000/-	2/2/2010
6.	212	1,00,000/-	8/1/2014
7.	213	1,00,000/-	8/1/2014
8.	214	1,00,000/-	8/1/2014
9.	215	1,00,000/-	8/1/2014

 

 

The complainant further submitted that, due to her personal financial need, the complainant has requested the OP’s bank to pay back the Fixed Deposits  amount through her letter dated 6-1-.2015.  But the OPs have replied to the complainant through letter stating that one Dr.A.Subramanyeshwara Rao, IPS, SP, CBI, ACB, Bangalore has instructed the OPs that, it is a confidential matter and they have asked for the details of the amount deposited by the complainant brother G.Lakshminarasimaiah and her relatives.  The complainant further submitted that, the Ops have rejected the complainant request without having any restrained order from the court or by any authority or by any investigating agency.

          The complainant further submitted that, the Ops bank has paid only the principal amount of the FD on 20-6-2016 of Rs.9,00,000=00 as the same amount.

          The complainant further submitted that, the Ops Bank has not paid Rs.4,88,166.67 the entire interest accrued for the above said fixed deposit. The complainant further submitted that, the complainant is entitled for compound interest of Rs.2,99,188.80. But the Ops have paid interest amount Rs.2,70,356=00. The complainant further submitted that, the complainant sought for payment of interest pertaining to the FDs, for which the Ops have rejected. As per the Banking Rules and Regulations, it is the duty of the Bank to share all the information pertaining the customers.

          The complainant further submitted that, it is common that, all the central government employees were always be cross checked by the investigating agencies with regard to the monetary transactions made by them and their relatives. In this case, the investigation agency has just sought for the details by taking the undue advantage of the same the Ops bank has planned to keep the complainants entire FD amount without paying interest which is against to the banking Rules, RBI Regulations, RBI guidelines, Co-operative Societies Act and Principals of natural justice.

 The complainant further submitted that, the Ops have failed to give service to the complainant. There is a huge lacuna in their service as there is a deficiency of service on the part of Ops, the complainant has suffered mental agony, financially due to economical abuse by the OP bank.  Hence, the complainant has come with the present complaint.      

 

3. After service of the notice, the OPs have appeared through their counsel and filed common version contending inter-alia as under. 

The Ops submitted that, the complaint filed by the complainant is not in accordance with law and the same is liable to be dismissed in limine as the complaint involves substantial question of law. 

The Ops submitted that, the on amount which was deposited by the complainant an enquiry was conducted by the Central Bureau of Investigation wherein the concerned authorities had visited the office of the OP and had also conducted an enquiry wherein specific directions has been issued that no transaction should be transacted with the complainant in any form unless and until order are obtained from the investigation authority.  Hence, under the said circumstances the amount deposited by the complainant was kept in abeyance and only after receiving permission from the investigation authorities OP released the deposit amount to the complainant and the complainant has signed the deposit receipts that he has received the amount by raising no objections as full and final settlement and when such being the case the complainant has filed this false complaint against the Ops in order to unjustly enrich herself. 

The Ops further submitted that, there is no cause of action at all as the complainant availed the entire amount and the same has been received by the complainant with due acknowledgment.

          The OPs further submitted that, the Ops have denied the averments as stated in Para 2 to 6 and Para 10 & 16 of the complaint in entirety as the same is not related to this OP in any way and the complainant has to prove the same beyond reasonable doubt by producing the relevant documents before the Hon’ble Forum.  Hence, the Ops pray for dismissal of the complaint in the interest of justice and equity.  

 

4. Both parties have filed their affidavit evidence.  The complainant marked the documents as Ex.P1 to P13.  We have heard the arguments of both parties and posted the case for order.

 

5. Based on the above materials the following issues will arise for our consideration.

1. Whether there was deficiency in service on the part of the OPs as alleged by the complainant?
2. What Order?

 

5. Our answer to the above issues is as under:-

Issue No.1 : In the affirmative      

Issue No.2 : As per final order below

 

REASONS

Statement of Fixed Deposits by G.Ashwathamma
Sl.No.	FDR No.	Amount	Beginning Date	Due date
1.	57	1,00,000/-	2/2/2010	2/2/2013
2.	58	1,00,000/-	2/2/2010	2/2/2013
3.	59	1,00,000/-	2/2/2010	2/2/2013
4.	60	1,00,000/-	2/2/1010	2/2/2013
5.	61	1,00,000/-	2/2/2010	2/2/2013
6.	212	1,00,000/-	8/1/2014	8/3/2017
7.	213	1,00,000/-	8/1/2014	8/3/2017
8.	214	1,00,000/-	8/1/2014	8/3/2017
9.	215	1,00,000/-	8/1/2014	8/3/2014

 6. On perusal of the pleadings, evidence and documents, it is an admitted fact that the complainant has deposited an amount of Rs.9,00,000/- with the Ops bank on different dates as under:-

 

 

 

 

 

 

 

 

It is also an admitted fact that, the Ops have paid the entire amount of Rs.9,00,000/- to the complainant.

 

7. The contention of the complainant is that the Ops have not paid the interest amount on the F.Ds. amount deposited by the complainant on different dates.

 

8. On contrary, the Ops submitted that, Central Bureau of Investigation has given direction to the OPs that, no transaction should be transacted with the complainant.  Hence, the amount of the complainant was kept in abeyance.  The Ops further submitted that, after receiving permission from the investigation authorities, the OPs have released the deposited amount to the complainant and accordingly the complainant has signed on the deposit receipts not raising any objections as full and final settlement.  Hence, there is no cause of action to file this complaint.  

 

11. The complainant has filed an application dated 21-11-2016 under Order 11 Rule 14 of CPC r/w Section 151 of CPC and prayed to this Hon’ble Forum to direct the Ops to produce the following documents.

 

1. Specific direction issued by the CBI instructing on transaction should be transacted with the complainant stating unless until orders obtained from the investigating authority.
2. Permission letter issued from the investigating authority to release the deposit amount.
3. Instruction letter from the investigating authority to keep the complainant account in abeyance. 

 

12. The Hon’ble Forum has allowed the above said application filed by the complainant, the Ops have not produced all the above documents. But the Ops have produced one letter correspondence with CBI dated 16-6-2015. It reads as under:

“For the purpose of certain secret verification, it is requested that the certified copy of statement of the 4 permanent deposit A/c. Nos.200, 201, 202 and 203 and certified copy of A/c. opening form may kindly be furnished to the bearer of this letter Shri.L.S.Muniraju, PC, CBI, ACB, Bangalore immediately. It is learnt that, the account is in the name of Shri.G.Lakshminarasimhaiah. Absolute secrecy may be maintained in this regard and this letter may be treated as very urgent and priority may be given to this letter”. 

In the said communication issued by the CBI, the CBI not communicated to the Ops to freeze the complainant’s account nor they seek any information regarding the complainant’s account. The CBI has asked the Ops to furnish the information with regard to Sri.G.Lakshminarasimhaiah’s account. Hence, the contention of the Ops stating that, the Central Bureau of Investigation, Bangalore has given direction to the Ops society that, no transaction should be transacted with the complainant until orders obtained from the CBI cannot be accepted. Hence, in the absence any documentary evidence, the oral statement of the Ops society cannot be accepted.

 

13. Further, the Ops society submitted that, the complainant has signed on the deposit receipts that she has received the amount without raising any objection as full and final settlement. Hence, in this regard, the Ops society has not produced any documentary evidence to prove for his contention that, the complainant has received the FDs amount with full and final settlement. The oral contention of the Ops society cannot be accepted without any documentary evidence.

 

14.  Admittedly, the complainant has deposited the money in the FD receipts nos.57, 58, 59, 60, 61, 212, 213, 214 and 215 for a sum of Rs.1,00,000=00, Rs.1,00,000=00, Rs.1,00,000=00, Rs.1,00,000=00,  Rs.1,00,000=00, Rs.1,00,000=00, Rs.1,00,000=00, Rs.1,00,000=00 and Rs.1,00,000=00 on 2-2-2010 and 8-1-2014 respectively. The complainant has deposited total a sum of Rs.9,00,000=00 in the Ops society.

 

15.     Admittedly, on 20-6-2016 the Ops society has paid only principal amount of the FD of Rs.9,00,000=00 to the complainant.  The Ops society has not paid the interest accrued with respect to the above said FD receipts to the complainant. But the Ops have illegally kept the complainant’s money in the abeyance; it is bounden duty of the Ops society to pay the accrued interest @ 12% per annum to the complainant as per fixed deposit receipts. Hence, non performance on the part of the Ops amounts to deficiency of service. Further, the complainant stated that, the Ops have paid interest amount of Rs.2,70,356=00 to the complainant. The complainant further submitted that, she is entitled for total interest of 5,01,000=00, the same has not been disputed by the Ops. The claim of the complainant has been accepted by the OP. Hence, it is just and proper to direct the OPs to pay balance amount of interest by deducting Rs.2,70,356=00 which is already been paid to the complainant. Hence, it is just and proper to direct the Ops No.1 and 2 to pay FD amount interest @ 12% p.a. by deducting Rs.2,70,356=00 from the date of issue of FD receipt till the date of principal amount paid to the complainant to the complainant, failing which, the OPs shall pay interest @ 14% p.a.  on the payable amount from the date of this complaint till realization. Further, the OP No.1 and 2 are directed to pay compensation of Rs.10,000=00 and Rs.5,000=00 towards litigation cost to the complainant. Accordingly, we answer this point in the affirmative. In the result, for the foregoing reason, we proceed to pass the following order.

 

 

 

 

 

 

 

 

ORDER

 

        The complaint of the complainant is partly allowed.

 

          The OP Nos.1 and 2 are jointly and severally directed to FD amount interest @ 12% p.a. by deducting Rs.2,70,356=00 from the date of issue of FD receipt till the date of principal amount paid to the complainant, failing which, the Ops shall pay interest @ 14% p.a. on the payable amount from the date of this complaint till the date of realization.

 

          The OP Nos.1 and 2 are further directed to pay compensation of Rs.10,000=00 and Rs.5,000=00 toward cost of litigation to the complainant respectively. 

 

          This order is to be complied by the OP Nos.1 and 2 within 45 days from the date of this order.

 

Supply free copy of this order to both parties. 

 

 

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 27^th day of April 2017)

 

 

 

 

LADY MEMBER                          PRESIDENT