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Bharathi Souharda Credit Co-op. Ltd. Complaint filed on 21.01.2009and Decided on 26.03.2009BEFORE THE UDUPI DISTRICT CONSUMER DISPUTES REDRESSAL FORUMAT UDUPI (KARNATAKA)
PRESENT: 1. Sri P.C.Gopal, President,
2. Smt.Sulochana, Member
Consumer Complaint No.11/2009Between:Order dated 26.03.2009
Kunjoor Vyasa Rao,
S/o K.Krishnamoorthi Rao,
Ex-President, Bharathi Souhardha
Credit Co-operative Ltd.,
Residing in ‘Ohmkara Ashrama’,
4-61D, Near Kunjoor Temple,
Post: Paniyoor – 574 140,
Udupi Taluk & District.
(Sri A.Santhosh Hebbar, Advocate for the Complainant)
Versus
1. Bharathi Souharda Credit Co-op. Ltd.,
First Floor, Jaffer Towers,
Near Police Station,
Kaup 574 106
by its Administrator
2. Sri T.Raghupathi Bhat,
Administrator,
Bharathi Souharda Credit Co-op. Ltd.,
First Floor, Jaffer Towers,
Near Police Station,
Kaup 574 106.
(Sri Raviraj Kumar, Advocate for the Opposite Parties)
WRITTEN BY SRI P.C. GOPAL, PRESIDENT
1. The Complainant filed this complaint u/s 12 of CPA alleging deficiency in service against the Opposite Party and prayed for a direction to them to pay the Complainant a sum of Rs.4,29,472/- with interest at 12.5% per annum from 01.01.2009 till payment and further claimed Rs.10,000/- as damages for mental agony and loss plus cost of the proceedings, etc.
2. The case of the Complainant is that the Opposite Party No.1 is a Co-operative Society Registered under the Karnataka Co-operative Societies Act, 1959. Opposite Party No.2 has been appointed as the administrator of the Society and is managing its affairs. The Complainant had deposited his money with Opposite Party No.1 society as fixed deposits. He was given receipts for the said deposits as under:
Contd…………2Sl.No.Date of DepositAmount(Rs.)F.D.No.Maturity DateAmount as on 1.1.2009(Rs)29.10.20071
10,000/-29.10.2008112
11,289/-01.11.20072
10,000/-01.11.2008113
10,183/-01.01.20063
25,000/-01.01.20090075
34,000/-01.01.20064
25,000/-01.01.20090067
34,000/-01.01.20065
25,000/-01.01.20090069
34,000/-01.01.20066
25,000/-01.01.20090068
34,000/-01.01.20067
25,000/-01.01.20090070
34,000/-01.01.20068
25,000/-01.01.20090071
34,000/-01.01.20069
25,000/-01.01.20090074
34,000/-01.01.200610
25,000/-01.01.20090064
34,000/-01.01.200611
25,000/-01.01.20090065
34,000/-01.01.200612
25,000/-01.01.20090066
34,000/-01.01.200613
25,000/-01.01.20090063
34,000/-01.01.200614
25,000/-01.01.20090073
34,000/-
3. It can be seen from above that the Opposite Parties are liable to pay to the Complainant a sum of Rs.4,29,472/- as on 01.01.2009. The Complainant is entitled to claim/recover from the Opposite Parties and the Opposite Parties are liable to pay to the Complainant interest on the above sum from 01.01.2009 till payment at 12.5% per annum which is fair and reasonable.
4. That the claimant got issued a lawyer’s registered notice to Opposite Party No.2 calling upon him to pay to the claimant the above said amount with interest upto date within 10 days of receipt of the notice by him. Though Opposite Party No.2 has received the said notice without demur, has failed to comply with the just and lawful demand made therein. Opposite Parties are deficient in rendering their service and are also guilty of unfair trade practice. By their commissions and omissions the Opposite Parties have put the Complainant into untold mental agony, loss and hardship for which the Opposite Parties are liable to pay damages to the Complainant. Hence this complaint.
5. Complainant in support of complaint filed affidavit swearing to the facts stated in the complaint and also produced 16 documents marked as Exs.C-1 to Exs.C-16. We heard the complainant.
6. After service of notices of the complaint, Opposite Parties appeared through their counsel and filed the version at belated stage. Complainant filed affidavit swearing to the facts stated in the complaint. We heard the complainant.
7. Now the points that arise for our consideration are:
1) Whether the Opposite Party has committed deficiency in service?
2) Whether the Complainant is entitled for the reliefs claimed in the complaint?
3) What Order?
Contd………3
Point No.1:
8. We have carefully gone through the material placed on record by the parties to the dispute. The Complainant has produced 16 documents. Exs.C-1 to Exs.C-14 are the original Fixed Deposit Receipts of Opposite Party No.1 - Bharathi Souharda Credit Co-operative Ltd., Ex.C-15 is the office copy of legal notice dated 1st January 2009, Ex.C-16 is the postal acknowledgement for having sent the notice. The Opposite Parties appeared before this Forum through their counsel and at the belated stage fled the version admitting the fixed deposit accepted from the Complainant and issuance of the F.D. Receipt. It is submitted by the Opposite Party that it has no intention of denying the repayment of F.D. amount. The reply notice dated 18.01.2009 the Opposite Party has stated that steps will be taken to refund the deposits after receipt of final audit report. Therefore, we hold that after the date of maturity, Opposite Parties have not refunded the deposited amount under Fixed Deposit Receipts with interest and thereby Opposite Parties have committed deficiency in service. Henc
Hence, we answer the point No.1 in the Affirmative.
Point Nos.2 & 3
9. In view of the Affirmative answer to point No.1, we hold that the Complainant is entitled for the reliefs claimed in the complaint. Opposite Party No.2 is Administrator of Opposite Party No.1 and he is not personable liable to pay to the Complainant. Only the Opposite Party No.1 is liable to pay the amount due under Fixed Deposit Receipts with interest to the Complainant. Hence, the point No.2 is also answered in the Affirmative.
10. In the result, we pass the following:
The complaint is allowed. Opposite Party No.1 is directed to pay to the Complainant Rs.4,29,472/- (being the deposited amounts with interest till 31.12.2008) and further interest @12% per annum from 1.1.2009 on Rs.4,29,472/- till the date of payment plus Rs.1,000/- as cost of the proceedings. Opposite Party No.1 shall comply with the aforesaid order within one month from the date of receipt of this order.ORDER
(Order dictated to the Stenographer, after the same is typed, corrected and pronounced in the open Forum on this the 26th day of March 2009)
(SULOCHANA V.RAO)Member(P.C.Gopal)President
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