IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Saturday the 25^th  day of September, 2021.

                                      Filed on 12-11-2019

Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Sholy P.R, B.A.L,LLB (Member)

In

CC/No.297/2019

between

Complainant:-                                                     Opposite parties:-

Sri.Sajan M.P                                             1.     The Secretary

S/o Prabhakaran                                                 Pattanakkad Service Co-operative Bank Ltd.

Prabhanilayam                                                   No.1144, Pattanakkad

Thanneermukkom, Cherthala                             (Adv.Sri.P.S.Anilkumar)

Alappuzha                                               

(Party in person)                                         2.    The Assistant Registrar of Co-operative

                                                                          Societies (General), Cherthala

                                                                  3.     The Joint Registrar of Co-operative

                                                                          Societies, Alappuzha

O R D E R

SMT. P.R SHOLY (MEMBER)

Complaint filed under Sec.12 of the Consumer Protection Act, 1986. 

Material averments briefly stated are as follows:-

The complainant has 2 fixed deposits for Rs.80,000/- (eighty thousand) each with the 1^st opposite party and the same was matured on 20.12.2015 and subsequently renewed to 20.01.2017 and to 20.01.2018 as requested by 1^st opposite party.  On maturity of these deposits when the complainant approached the 1^st opposite party claiming the amount, the 1^st opposite party requested the complainant to come after some days.  Thereafter on several occasions the complainant has contacted the 1^st opposite party claiming the maturity amount of the fixed deposits, but his attempts were in vain.  On 03.03.2018 the bank has deposited the accrued interest of Rs.7,600/- each to the SB account of the complainant.  The principal amount of one fixed deposit of Rs.80,000/- (eighty thousand) has also been deposited to his SB account and 1^st opposite party informed that the amount available in SB account can be withdrawn in some days.  The other F.D receipt No.FD 32340/2014-15 for Rs.80,000/- has been returned without depositing to the SB account and was not renewed.  Outstanding balance in the SB account of the complainant as on 09.09.2019 is Rs.13,167/- (thirteen thousand one hundred and sixty-seven).

2.      Since the 2^nd and 3^rd opposite parties are the controlling officers to look into the matters of the 1^st opposite party and as they are the government officials, they have to pay appropriate care on the interest of the depositors.  They have to point out the irregularities if any to the government authorities to take necessary action.  As the government has guaranteed the deposits made in the co-operative sector, they have to take appropriate action to pay the amount from the insurance.

3.      For redressing his grievance the complainant had approached 2^nd and 3^rd opposite parties by preferring petitions.  Eventhough the 2^nd and 3^rd opposite parties had taken some necessary steps, the 1^st opposite party did not cared the same.  Thereafter the complainant had sent registered notice to all the three opposite parties on 08.02.2019 asking to pay the said amount otherwise, warning to take legal proceedings against them.  On the basis of the said notice the 2^nd and 3^rd opposite parties gave directions to the 1^st opposite party.  But the 1^st opposite party had not taken any action to settle the matter.  The said acts of the opposite parties amounts to deficiency in service to the complainant and he also suffered mental agony and loss.  Hence this complaint for directing the opposite parties to pay balance amount after deducting the amount drawn from his SB account and also for compensation for Rs.25,000/- and for cost.

4.      Notice issued from this Commission served to the opposite parties.  In response to the complaint opposite parties 1 to 3 filed version separately in which 1^st opposite party filed version after getting an order of setting aside the exparte order passed against him at the beginning of trial.  

1^st opposite party filed version admitting the 2 deposits of complainant with the Bank.  But they allegedly averred in their version that one of these fixed deposits was transferred to the SB account of the complainant in which the complainant had withdrawn some amount.  Therefore one F.D with interest and the outstanding amount in the S.B account of the complainant is only to be returned him

5.      Points to be raised for consideration:-

1. Whether there is any deficiency in service on the part of opposite parties No.1 to 3?
2. Whether the complainant is entitled to get an order as claimed in the complaint?
3. Whether the complainant is entitled to get compensation from opposite parties?
4. Reliefs and cost?

6.      Point Nos.1 to 3

          Even though the opposite parties No.1 to 3 filed version for contesting the complaint the opposite parties as well as this counsel did not turned up for conducting cross examination of the complainant when he filed chief affidavit and documents for adducing his evidence. 

7.      Complainant’s case is that he had 2 fixed deposits with 1^st opposite party for Rs.80,000/- each from 2014 to 2018 by renewing after maturity as per the request of the 1^st opposite party.  In the meantime when the complainant approached 1^st opposite party for claiming the F.D amount the 1^st opposite party wanted some more time for its repayment.  On realizing the delaying tactics the complainant had preferred petitions to 2^nd and 3^rd opposite parties who are the supervising authority of the 1^st opposite party in their functioning.  Eventhough 2^nd and 3^rd opposite party made attempts of proceedings under co-operative law the grievance of the complainant could not be redressed.  Then the complainant filed this complaint.  At the time of adducing evidence complainant filed proof affidavit in tune with the complaint and produced 12 documents.  But on that day the opposite parties as well as their counsel absent and no representation on behalf of them.  Hence the documents were marked as Ext.A1 to A12.  The unchallenged affidavit and Ext.A1 to A12 proved the allegation leveled against the 1^st opposite party in the complaint, hence we have no hesitation to hold the view that there was deficiency in service on the part of 1^st opposite party and 1^st opposite party is liable to pay the amount in 2 F.D in the name of complainant with interest @ 9.5% after deducting the amount withdrawn by the complainant from S.B account as stated in the complaint ie, Rs.70,929/-, while the case was taken for orders, the 1^st opposite party filed an advance petition for being heard them and on that basis both the parties were called on 23.09.2021 where the 1^st opposite party and her counsel present and wanted some time for the repayment of the amount payable to the complainant.  On discussion at this time the complainant also agreed the amount entitled to him is one F.D amount + interest for the period and outstanding amount in his S.B account.  We found no liability towards opposite parties 2 and 3 regarding the deposits received by the 1^st opposite party from the complainant.  The complainant is also entitled to get compensation from 1^st opposite party, because it was happened only from the part of 1^st opposite party that the complainant was running pillar to post for redressal of his grievances after depositing the hard earned money of the complainant to the 1^st opposite party.  However we limit the amount as compensation to Rs.5,000/-.

8.      Point No.4

          In the result the complaint stands allowed in part.

1. The 1^st opposite party is directed to pay Rs.1,16,938/- (One lakhs sixteen thousand nine hundred and thirty-eight) as sought for in the complaint along with interest @ 8% from the date of complaint till realization to the complainant + the outstanding amount in his S.B account to the complainant.
2. Complainant is entitled to recover an amount of Rs.5,000/- (Five thousand) from the 1^st opposite party as compensation for mental agony.
3. Complainant also entitled to recover Rs.2,000/- (Two thousand) as cost of the proceedings from 1^st opposite party.

The order shall be complied within one month from the date of the receipt of copy of this order.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 25^th  day of September, 2021.

Sd/-Smt. P.R Sholy (Member) :

Sd/-Sri.S.Santhosh Kumar (President)

Appendix:-

Evidence of the complainant:-

Ext.A1                       -           Deposit certificate

Ext.A2                       -           Copy of Pass book

Ext.A3                       -           Petition filed before Asst. Registrar of Co-operative societies, Cherthala  

Ext.A4                       -           Letter dtd.29.09.18

Ext.A5                       -           Letter dtd.11.10.18

Ext.A6                       -           Copy of petition dtd.03.01.2019

Ext.A7                       -           Copy of notices dtd.08.02.2019

Ext.A8                       -           Copy of letter No.H-198/19/20-3-19

Ext.A9                       -           Copy of letter No.CRP (1) 96/19 dtd.23.01.19

Ext.A10                     -           Copy of circular No.29/2013 dtd.20.04.13

Ext.A11                     -           Copy of circular No.29/2018 dtd. 05.05.18

Ext.A12                     -           Copy of the extract of Kerala co-operative societies Amendment Act

Evidence of the opposite parties:- Nil

// True Copy //

To

            Complainant/Oppo. party/S.F.

                                                                                                               By Order

                                                                                                       Senior Superintendent

Typed by:- Sa/-

Compared by:-