Complaints filed on: 22-04-2021

                                                      Disposed on: 17-11-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.43/2021

DATED THIS THE 17^th DAY OF NOVEMBER, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

M.Krishnamurthy

S/o. Mallaiah, Advocate,

Aged about 54 years,

Shettihally, Tumakuru-02

(By Sri.Ramakrishnaiah, Advocate)

V/s

Opposite parties:-    

1. Basavaraju

Present President,

2. B.N.Puttanarasareddy,

Ex-President, Present Director    

R/at “Siri Nilaya” Hanumanthapura

SSMC post, Bellavi hobli, Tumakuru Taluk

Office: Reddy Associates,

S.S.Arcade, 1^st Cross, Behind Neelkose coffee, Christian Street, Panduranga Nagara, Tumkur,

3. K.L.Ramamohana,

Ex.President, Ex. Vice President,

and Present Director,

Proprietor of Kaveri Dry Cleaner,

Lakshmiram building, Behind Dwaraka Hotel, MG Road, Tumkur

4. K.A.Showmya,

W/o Raghavendra

Ex. Secretary,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

R/o near Secret Heart College,

Upparahally Main Road,

Upparahally, Tumkur-02

5. Nandhini,

Present Secretary,

Opposite party No.1 to 3 and 5 are representing persons in

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram building, Behind Dwaraka hotel,

MG Road, Tumkur-01

6. T.R.Radha W/o B.N.Puttanarasareddy,

Ex. Director of Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram Building, Behind Dwaraka Hotel, MG Road, Tumakuru

Now residing at R/at “Siri Nilaya” Hanumanthapura, SSMC post, Bellavi hobli, Tumakuru Taluk

7. K.R.Jyothimohan

W/o K.L.Ramamohan, Ex.Director of Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram Building, Behind Dwaraka Hotel, MG Road, Tumakuru-01 Now residing at H.No.3161/386, 5^th Cross, Edga Mohalla, Gandhinagar Extn., Tumakuru

                                                 (OP Nos.1 to 5 and 7- Exparte)

                                                            (OP No.6 by Sri.L.Ramanjaiah, Advocate)       

ORDER

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 35 of Consumer Protection Act, 2019 to direct the Opposite parties (hereinafter called as OPs) to pay a sum of Rs.32,83,537-00 with interest @24% p.a. till payment of entire amount and Rs.1,00,000-00 towards mental agony and litigation expenses.

2. It is the case of complainant that the OP Nos.1 to 7 are the present President, Ex-President, Vice President, Secretary and Directors of Sri Vinayaka Souharada Patthina Sahakari Niyamitha, Tumakuru. On the request made by the OPs the complainant has opened SB Account No.649, deposited a sum of Rs.30,00,000-00 on different dates in total twenty nine deposits and opened RD account no.260 paid total a sum of Rs.14,000-00. The complainant has approached the OPs for return of matured fixed deposit amount and some un-matured deposits along with Savings Bank account amount which required for his daughter’s higher study. The OPs in spite of receiving requisition letter in the month of September and November, 2020 have failed to return the amount. Hence, this complaint.     

3. Initially the OP Nos.1 to 3 and 5 to 7 despite the service of notice were remained exparte. Notice of OP No.4 was published in Vijaya Karnakata Daily Kannada Newspaper and OP No.4 also even after publication of notice proceeded exparte.

4. The complainant filed his affidavit evidence on 12-10-2021 and got marked Exs.P1 to P33. On hearing the arguments learned counsel for the complainant case posted for orders today i.e. 17-11-2021.

5. On 10-11-2021 on behalf of OP No.6 an advancement application filed and further an application filed under Order 9 Rule 7 CPC to set aside exparte order. On 11-11-2021 and today learned counsel for the complainant submitted that IA filed on behalf of OP No.6 be allowed on cost of Rs.5,000-00. The OP No.6 in the affidavit filed in support of IA stated that she could not appear on 13-7-2021 due to ill-health. The OP No.6 in the affidavit neither disclosed disease name from which she was suffering nor produced medical certificate. Considering submission made by the learned counsel for complainant and reason assigned in the affidavit of OP No.6 IA allowed on payment of cost of Rs.3,000-00 payable today otherwise, IA deems to be rejected. Learned counsel for OP No.6 prays for payment of cost but it is rejected as conditional order passed since the case posted for orders today.

6. On hearing the arguments of learned counsel for complainant and perusal of the documents the points would arise for determination are as under;

1. Whether the complainant proves the deficiency of service on the part of OPs?
2. Is complainant entitled to the relief sought for?

7. Our findings aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: In the partly affirmative for the below        

REASONS

8. Point Nos.1 and 2: The learned counsel for the complainant submitted that the OPs have failed return the fixed deposits, amount laying in the SB and RD accounts. The complainant in the affidavit evidence reiterated the averments of complaint. The complainant has produced Exs.P2 to P30 FD receipts. The complainant has deposited amount in the OPs society initially on 23-10-2013, then on 26-11-2014, some deposits in the year 2015, 2016, 2017, 2018 and 2019. All the deposits repayable date is three years three/six months. After maturity of some FDs the OPs society has renewed them. The complainant has produced Ex.P32 copy of SB account pass book which indicates balance as on 31-3-2021 Rs.2,69,537-00. This pass book reveals that interest accrued on the FD is credited regularly. Ex.P31 is copy of RD pass book and as on 19-3-2020 deposited amount is Rs.14,000-00.

9. The complainant has deposited total a sum of Rs.30,00,000-00 on different dates by deposing Rs.50,000-00, Rs.75,000-00 Rs.1,00,000-00, Rs.1,50,000-00 etc. The complainant admitted that the OP society has credited interest accrued on FD amount to his SB account no.649 marked at Ex.P32. The OP society is running finance transaction by collecting deposits from the public including complainant. It was the obligation on the part of OP society to return the FD amount immediately after maturity or on the demand made by the depositors/complainant. The complainant has produced Ex.P1 requisition letter dated 3-11-2020 given to the OP society to return his FD amount.  The OPs though they have served with notice did not come forward to challenge the case of complainant. The OPs have agreed to give interest @ 12% p.a. on the FD amount. At present bank rate of interest has come down as such the complainant is entitled to interest @ 8% p.a. on the amount payable by OPs. The OPs have committed deficiency of service in not retuning the amount deposited by complainant. The OPs have compelled the complainant to approach this Commission thereby he suffered mental agony and for that the OPs shall pay compensation of Rs.25,000-00 and litigation cost of Rs.10,000-00 to the complainant. In the result, we proceed to pass the following;

ORDER

The complaint is partly allowed directing OP Nos.1 to 7 shall jointly and severally liable to pay a sum of Rs.32,83,537-00 (Rs. Thirty two lakhs Eighty three thousand Five hundred and thirty seven only) with interest @ 8% p.a. from 01-04-2021 till the date of payment to the complainant.

It is further order the OPs shall pay compensation of Rs.25,000-00 and litigation cost of Rs.10,000-00 to the complainant within 30 days from the date of this order, otherwise it carries interest @ 8% p.a. from the date of default till payment.

Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 17^th day of November, 2021).

LADY MEMBER                  MEMBER                   PRESIDENT