Date of Filing:09/09/2022 Date of Order:28/02/2023 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SHANTHINAGAR BANGALORE - 27. CONSUMER COMPLAINT NO.271/2022 DATED ON THIS THE 28th FEBRUARY 2023 PRESENT Sri.B. Narayanappa, M.A., LL.B. - PRESIDENT Smt.Sharavathi S.M, B.A, LL.B., MEMBER COMPLAINANT : | | SRI SRINIVASA S/o Late Venkataiah Aged about 69 years R/at No.K-1205 Mantri Alpyne Apartments Uttarahalli Kengeri Main Road Bangalore 560 061 Ph 9972022869 (Sri Nagaraja Kumble Adv. for Complainant) | |
Vs OPPOSITE PARTIES: | 1 | SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #470, Dhakshyani Arcade, 1st Floor, 12th Cross, 2nd Phase, ‘H’Road, Ideal Homes Township, Rajarajeshwari Nagar Bangalore 560 098. | | | 2 | THE BRANCH MANAGER SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #470, Dhakshyani Arcade, 1st Floor, 12th Cross, 2nd Phase, ‘H’Road, Ideal Homes Township, Rajarajeshwari Nagar Bangalore 560 098. | | 3 | THE PRESIDENT SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #18/19, 1ST Floor, Muniramaswamy Building Opp Mirapakaya Hotel Uttarahalli Main Road Chikkalasandra Bangalore 560 061. | | 4 | THE CHIEF EXECUTIVE OFFICER SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #18/19, 1ST Floor, Muniramaswamy Building Opp Mirapakaya Hotel Uttarahalli Main Road Chikkalasandra Bangalore 560 061. (OPs: Exparte) |
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Nature of complaint | Deficiency in service | |
Date of filing of complaint | 09/09/2022 | |
Date of Issue notice | 19/09/2022 | |
Date of Order | 28/02/2023 | |
Duration of Proceeding | 05 months 18 days | |
ORDERS PASSED By Sri B.NARAYANAPPA, PRESIDENT
1. The complainant Sri Srinivasa residing at Uttarahalli-Kengeri Main Road, Bangalore has filed this complaint against OPs Sirivaibhava Souharadha Pathina Sahakari Niyamitha, Bangalore. OP No.2 Branch Manager, No.3 President, No.4 Chief Executive Officer of Sirivaibhava Souharadha Pathina Sahakari Niyamitha, Chikkallasandra Bangalore. Under Section 35 of Consumer Protection Act 2019 and prays to direct the OPs to return the entire fixed deposit amount and entire money available in his Savings account being a sum of Rs.9,23,799/- with interest at 18% per annum to the complainant and to pay Rs.1,00,000/- as compensation for mental agony and Rs.10,000/- towards cost of the this petition and grant such other reliefs as this Commission deems fit to grant.
2. The brief facts are that:-
The complainant is a retired senior citizen worked at ONGC, Bombay and kept a sum of Rs.5,00,000/- under Fixed deposit certificate No.796 with OP No.1 on 19.01.2019 for a period of 36 months at the rate of interest at 14% per annum and also kept another Rs.5,00,000/- under FD vide certificate No. 1232 dated 13.11.2019 for a period of 36 months with OP society. The FD amount of Rs.5,00,000/- vide certificate No.796 is matured on 19.01.2022 and on the advise of the OPs, the complainant has renewed the same for period of one month and the same also matured. Therefore, the OPs transferred Rs.5,00,000/- to the SB account of the complainant. In the 1st week of March 2022, the complainant visited the 1st OP to withdraw his money available in his SB account, the staff of OP No.1 informed that he cannot withdraw as there is no sufficient money available with OPs and asked the complainant to withdraw the money after two days and the OPs also requested the complainant to deposit Rs.2,00,000/- to withdraw the above amount. Accordingly, on 22,03.2022 the complainant deposited a sum of Rs.2,00,000/- with OPs. Thereafter, the complainant tried to withdraw the amount, but the OPs denied to pay money to the complainant. Therefore, on 11.03.2022 the complainant written a letter to OP No.1 requesting to permit him to withdraw the amount in his SB account. But the OPs did not heed to the request of the complainant. In the meantime, he went to USA for his personal family reasons and returned back to India on 12.07.2022 and requested the OPs to permit to withdraw the money from his SB account. But OP rejected request of the complainant and complainant also requested the OP to close his another FD amount of Rs.5,00,000/- prematurely vide certificate No.1232 and another FD of Rs.2,00,000/- vide certificate No.2241 but OP denied the request of the complainant. Therefore for having no other go the complainant has filed the present complaint.
3. After registration of this complaint, notices were ordered to be issued to OP No.1 to 4. In spite of service of notices upon them they did not appear before this commission, hence OP No.1 to 4 were placed exparte.
4. The complainant has filed his affidavit by way of examination in chief, the same was taken as PW-1 and got marked Ex.P1 to Ex P10. Heard the arguments of the complainant counsel he also files written arguments.
5. The point that would arise for our consideration are as under:-
1. Whether the complainant proves that the alleged deficiency in service on the part of the Opposite parties and thereby he is entitled to the reliefs as sought for?
2. What order?
6. Our finding on the aforesaid points are as follows:
Point No.1: Partly in affirmative.
Point No.2: As per final order for the following:-
::R E A S O N S ::
7. POINT No.1.:-
It is the specific contention of the complainant that he kept Rs.5,00,000/- under FD vide certificate No.796 dated: 19.01.2019 with OP and also kept another FD of Rs.5,00,000/- vide certificate No.1232 dated 13.11.2019 with OPs. The complainant got marked Ex P1 the FD receipt issued by OP it shows that the complainant had kept Rs.5,00,000/- vide deposit No.1232 on 13.11.2019 which was to be matured on 13.11.2022. Ex P2 is the another FD receipt wherein deposit No.2241 is mentioned dated 22.03.2022 for Rs.2,00,000/- and the maturity date of the said deposit is 22.04.2023. Ex P3 is the copy of the pass book of SB account of the complainant which reflect an amount for Rs.2,00,000/- was kept under Fixed Deposit by the complainant. The FD amount of Rs.5,00,000/- kept vide certificate No.796 dated 19.01.2019 was matured on 19.01.2022 and the same was renewed for one more month as per the request of OPs. After one month the said FD was also matured, the complainant requested the OPs to pay the matured amount but OPs declined to pay the same and asked to deposit Rs.2,00,000/- to withdraw the balance amount. Accordingly, he kept Rs.2,00,000/- under FD certificate No.2241 on 22.03.2022, even then the OP refused to pay the matured amount of Rs.5,00,000/- with accrued interest to the complainant.
8. Therefore, the complainant suspected about the suspicious acts of the OPs and requested OPs to close another FD of Rs.5,00,000/- kept to vide receipt No.1232 dated 13.11.2019 prematurely and also the FD amount of Rs.2,00,000/- kept vide receipt No.2241, but the OPs refused to close the said two FDs account and to return the money. Though the complainant has contended that he has kept Rs.5,00,000/- under FD certificate No.796 dated 19.01.2019 but the complainant has not produced FD receipt, except producing the FD receipt of Rs.5,00,000/- vide certificate No.1232 and FD receipt of Rs.2,00,000/- vide certificate No.2241 dated:22.03.2022. The complainant got marked Ex.P4 the request sent to OP to release the FD amount of Rs.5,00,000/- but the OP paid only Rs.1,00,000/- which reflected in entry made in SB account pass book Ex P3. Ex. P5 is the copy of the legal notice sent to OPs calling upon them to release the FD amount but no response from the OPs side. Ex.P7 is the another legal notice issued to OPs calling upon the OPs to pay Rs.9,23,799/- with interest. But the OPs did not release the FD amount as the amount lying in the SB account of the complainant to the tune of Rs.9,23,799/-. From the pleading of the complainant and documents produced by the complainant, it is crystal clear that, the OP did not release the FD amount to the complainant. When the OPs have accepted the FD from the complainant. It is the bounden duty of the OPs to release the FD amounts as and when requested by the complainant to close the FD account and to release the same with accrued interest to the complainant, but the OPs did not do so, which itself is nothing but deficiency of service on the part of OPs.
9. Therefore, we are of the opinion that OPs are liable to return the FD amounts of Rs.7,00,000/- as per FD receipts Ex.P1 and P2 with accrued interest thereon. As the complainant failed to produce FD receipt vide certificate No.796 dated 19.01.2019 for a sum of Rs.5,00,000/-, this commission cannot direct the OPs to return the money to the complainant as sought for vide certificate No.796 dated 19.01.2019. Therefore, we answer Point No.1 Partly in the Affirmative.
10. Point No.2:- For the aforesaid reasons, we proceed to pass the following:
:: ORDER ::
- The complaint of the complainant is hereby allowed in part.
- OP No.1 to 4 are jointly or severally liable to pay/release the amount of Rs.5,00,000/- vide deposit certificate No.1232 dated 13.11.2019 as per Ex.P1 and FD amount of Rs.2,00,000/ deposit vide certificate No.2241 dated 22.03.2022 as per Ex P2 with accrued interest thereon to the complainant with further interest of Rs.12% per annum within the period of two month from the date of this order till payment.
- Further OP No.1 to 4 are hereby directed to permit the complainant to withdraw the available money in his SB account within two months from the date of this order.
- Further the OPs No.1 to 4 are hereby directed to pay compensation of Rs.50,000/- and Rs.5,000/- towards costs of the litigation to the complainant.
- The opposite party No.1 to 4 shall comply the order within 60 days. In case, the opposite parties fail to comply the order within the said period, the above said amount of Rs.55,000/- shall carry interest at the rate of 12% per annum till payment.
- Furnish the copy of order to both parties free of cost.
(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in Open Commission on this the 28th day of FEBRAURY 2023)
(SRI. B. NARAYANAPPA)
PRESIDENT)
(SMT. SHARAVATHI.S.M)
MEMBER
RAK*
