Karnataka

Kolar

CC/61/2014

Indiramma - Complainant(s)

Versus

Town SFS Co-operative Bank Ltd. - Opp.Party(s)

L.Nagaraja

15 Apr 2015

ORDER

  Date of Filing: 05.11.2014

  Date of Order : 15.04.2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

 

Dated   15^th APRIL 2015

 

PRESENT

 

Sri. N.B. KULKARNI                        …….      PRESIDENT

Sri. R. CHOWDAPPA                       ……..     MEMBER

 

CC No. 61 / 2014

 

Indiramma,

D/o. Venkataravanappa,

Aged about 25 years,

R/at T.B. Road,

Kuruberpet,

Siddlaghatta Town,

Chikkaballapur District.

 

(By L. Nagaraja, Adv.)                                            ……. Complainant

 

V/s.

 

 

 The Manager,

Town S.F.S Co-Operative

Bank Limited,

Siddlaghatta – 562105.

 

(Ex-parte)                             …… Opposite Party

 

 

ORDER

 

By Sri. N.B. KULKARNI,  PRESIDENT

 

This Complaint is filed by the Complainant against the OP U/s. 12 of the Consumer Protection Act 1986 praying to pass an order directing the OP to release maturity amount of Rs.92,088/- together with interest accrued upto date by way of damages. 

 

2.       The brief disclosure of averments in the complaint is as hereunder:

          It is stated that then the complainant being minor through her father Venkataravanappa deposited sum of Rs.45,000/- in the OP Bank on 29.05.2002 as F.D. for 87 months and the maturity value of Rs.92,088/- was bound to be given to her on 30.08.2009(F.D. receipt vide Sl. No.23 by way of Xerox copy is annexed).   And that as the OP Bank inspite of repeated approaches failed to comply on 13.10.2014 notice came to be served to comply.    And that as the OP Bank failed deficiency in service was manifest, being a cause for submission of this complaint.  Fee of Rs.200/- has been paid on this complaint.

 

          3. The records revealed that office copy of the legal notice dated 13.10.2014 and RPAD have also been annexed to this complaint.

 

          4. On receipt of the said complaint the case came to be registered on said day vide said number.  On 17.01.2015 as the OP remained absent inspite of service of notice, the Learned Predecessor passed an order placing the OP ex-parte.

 

          5. On 13.04.2015 the Learned Counsel for the complainant submitted affidavit evidence of the complainant, who was very much present.    On this day the Learned Counsel for the complainant also submitted written arguments.    Heard the oral arguments as submitted by the said Learned Counsel.  

 

          6. On the basis of the assertions made in the complaint and evidence on record the following points arise for our consideration.

 

(i)      Whether the Complainant proves deficiency in service on the part of the OP?

 

(ii)     Whether the Complainant is entitled for the relief?

 

(iii)    What Order ?

 

7.       Our findings to the above points are:

 

(i)      In the affirmative

 

(ii)     In the affirmative

 

(iii)    As per final order

 

REASONS

 

8.       Point Nos. (i) & (ii) – As these points do deserve common course of discussion and to avoid repetition in reasonings, they are taken for consideration at a time. 

 

          Might be the complainant was minor as on the date of F.D. being 29.05.2002.   However, it cannot be disputed that as on 05.11.2014 the complainant was about 25 years as disclosed in the complaint.  

 

The document No.1 being copy of said F.D. is to disclose the sum of Rs.45,000/- deposited on 29.05.2002 vide Sl. No.23 was to fetch maturity amount of Rs.92,088/- on 30.08.2009.    The document No.2 dated 13.10.2014  being office copy of the legal notice is to disclose that the claim was placed before the OP to release the said maturity amount, and the document No.3 being RPAD is to disclose that the OP is in receipt of said notice.   Averments in the complaint, contents of affidavit evidence of the complainant repeatedly disclose that there was deficiency in service on the part of the OP as there was utter failure to honour the commitment vide document at Sl. No.1.  Hence, we hold that the complainant is entitle to said maturity value of Rs.92,088/- vide F.D. Receipt bearing Sl. No.23, together with interest at the rate of 10% p.a. as agreed vide said F.D. Receipt upto the date of realization, with effect from 30.08.2009.  

 

Hence, affirmative findings on these  Points (i) & (ii).

 

9.       Point No. (iii) –  In the result, we proceed to pass the following order:

 

ORDER

 

1. The complaint is allowed with costs of Rs.1,000/- as hereunder.

 

2. The OP stands directed to release forthwith the maturity amount of Rs.92,088/- together with interest at the rate of 10% p.a. from 30.08.2009 till date of payment (vide F.D.R Sl. No.23).

 

3. We give time of one month to the OP from the date of communication of this order to make necessary compliance, failing which the complainant shall certainly be at liberty to get this order executed.

 

4. Send free copy of this order to both the parties.

 

Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, the 15^th  April 2015.

 

 

 

 

          MEMBER                                          PRESIDENT