Complaint filed on:11-09-2023

                                                      Disposed on:28-11-2024

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE  28^th  DAY OF NOVEMBER 2024

//PRESENT//

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

Consumer Complaint.No.123/2023

Sri.Sadanandha.B

Bin Basavaraju.H.H

Oil Mill Road, Agrahara,

Chikkapette, Tumakuru District.

Mob No.9880474567.

……….Complainant

 (in person)

V/s

Nagarathna.B.S, President,

Veera Rani Chenamma Bank,

Veerashaiva Samaja Building J.C.Road,

Tumakuru.

…….Opposite Party

(By Sri.K.H.Govindaraju, Advocate)

//:ORDER://

SMT.G.T.VIJAYALAKSHMI -  PRESIDENT

          This complaint is filed by the complainant under section 35 of Consumer Protection Act, 2019 against the opposite party with a prayer, to direct the OP to pay a sum of Rs.1,05,800/- and Rs.58,760/- with interest at 12% p.a. from the date of 25.07.2020 to till date.

2.       The brief facts of the complaint is as under:-

          The complainant submitted that, he deposited a sum of Rs.92,000/- on 25.04.2019 vide receipt No.460 in OP bank with interest 12% p.a. The same has been matured and again renewed the maturity date is 25.07.2022  and the maturity amount is Rs.1,30,356/-. The complainant also deposited of Rs.52,000/- with interest at 12% p.a on 15.02.2020 vide receipt No.603 and the same has been maturity and again renewed the maturity date is 15.03.2022 and the maturity amount is Rs.65,224/-. The complainant requested the OP for payment of deposited amount with interest. However, the OP failed to pay the deposited amount with interest and the OP also failed to pay the balance amount of Rs.957/- maintained in SB account of the complaint. Hence, this complaint. 

3.       After service of notice, the OP appeared through his counsel and filed the version and submitted that, the complainant has had deposited a sum of Rs.92,000/- on 25.04.2019 vide receipt No.460 and the same has been matured, and also he deposited another amount of Rs.52,000/- on 15.02.2020 vide receipt No.603, are not disputed and the same is true and correct.

          It is submitted that, the question of paying any interest as alleged in the complaint does not arise, since the maturity amount will not carry any interest on the F.D. amount, the complainant ought to have receive the maturity amount on the date of maturity. However, till the date of maturity the OP is ready and willing to pay the necessary interest on the F.D amount.

5.(a)   It is submitted that, the President of OP subsequently go through the Audit report submitted by the Authorized Auditor for the years 2019-20, 2020-21 and 2021-22 and came to know that, One Mrs.Usha.G. who was working in OP Sangha as Chief Executive Officer from 2019-20 to 2021-22, Smt.Vanith I. who working as clerk from 2019-20 to 2021-22 and Kirankumar.T.S. who is the staff of OP sangha who working from 2019.20 to 2021-22, were made mis-appropriate a sum of Rs.2,04,85,444/- in the year 2019-20, Rs.34,68,787/- during the year 2020-21 and Rs.49,45,756/- during the year 2021-22 in total a sum of Rs.2,88,99,987/-.

5.(b)  It is submitted that, after knowing the fact through the said Audit report, the Managing Director of Karnataka State Sowhardha Composite Sahakari. Ni., Bangalore have initiate the proceedings against the above said persons before the Hon’ble Court of Deputy Registrar, Co-operative society, Sowhardha Sahakari Bangalore, in Petition No.6(37A)/2022-23 and also the president of OP included as complainant No.2 for recovery of the misappropriated amount, the said case is pending for adjudication.

5.(e)   It is submitted that, the inconvenience to the complainant for getting relief is totally misconduct and deficiency of service only on the part of Chief Executive Officer of OP, hence the said Chief Executive Officer Mrs. Usha G. wing issued the F.D.R in favour of complainant is proper and necessary party to this complaint, but without made her party to this complainant the same is suffers from non-joinder of necessary party, and the President of Opposite party is unnecessary party to this complaint.

          It is submitted that, the OP ready to pay the necessary matured amount, if the complainant had approached the OP with proper manner by producing all the necessary documents, and the same will be discussed in the committee meeting, and thereafter the same will be released in favour of the complainant.

4.       The complainant in person has filed his evidence by way of affidavit and marked the documents as Ex.C1 to C6.  One Smt.Nagaratha.B.S W/o S.Shivanna, of OP filed her affidavit evidence and marked the document as Ex.R1 to R6.

5.       We have heard the arguments from complainant in person. The OP did not argue the matter in spite of sufficient time was granted. On perusal of pleadings and documents produced by both parties, the points that would arise for our consideration are:

1)                    Whether there is any deficiency in service on the part of OP?

2)                     Whether the complainant is entitled for reliefs sought for?

6.       Our findings to the aforesaid points are as under:

Point No.1: partly in the Affirmative  

Point No.2: As per the final order

//:R E A S O N S://

7. Point Nos.(1) & (2):- On perusal of pleadings, documents and evidence submitted by the parties, it is an admitted fact that, the complainant deposited a sum of Rs.92,000/- and 52,000/- on different dates interest rates, maturity date and maturity amount as shown in the following table:

          After maturity of the deposits, the complainant request the OP for payment of maturity amount. However, the OP failed to pay the maturity amount and also failed to pay the balance amount of Rs.957/- in SB account of the complainant.

          The OP admitted the fact that, the complainants deposited the amount in F.D, submitted that, the question of paying any interest does not arise, since the maturity amount will not carry any interest on the F.D. amount, the complainant ought to have receive the maturity amount on the date of maturity. However, till the date of maturity the OP is ready and willing to pay the necessary interest on the F.D amount.

          The OP further contended that, there is Misappropriation of amount from some staff during the year 2019-20, 21 and 22 and in this regard the Managing Director of Karnataka State Sowhardha Composite Sahakari. Ni., Bangalore have initiate the proceedings against the staff before the Hon’ble Court of Deputy Registrar, Co-operative society, Sowhardha Sahakari Bangalore, in Petition No.6(37A)/2022-23 and also the president of OP included as complainant No.2 for recovery of the misappropriated amount, the said case is pending for adjudication and the inconvenience to the complainant for getting relief is totally misconduct and deficiency of service only on the part of Chief Executive Officer of OP, hence the said Chief Executive Officer Mrs. Usha G. wing issued the F.D.R in favour of complainant is proper and necessary party to this complaint.

          From the above admitted facts and contentions of parties, it is seen that, the complainant deposited the amount in F.D and time to time it is renewed. After maturity, the OP failed to pay the maturity amount. The OP submitted that, some staff of the OP bank misappropriated amount. In this regard, the case is pending for adjudication. President of OP bank is unnecessary party and OP is ready to pay the necessary matured amount, if the complainant had approached the OP with all necessary documents.

          However, the internal disputes and cases pending before adjudicating bodies does not taken away the rights of the complainant / Consumer.  Even before the Commission also, the OP counsel several times submitted that, ready to settle the matter, however, the OP failed come forward to settle the matter. This act of OP amounts to deficiency in service. Hence, OP is liable to pay maturity amount with interest to the complainant as shown in the above table. The OP is also to pay Rs.957/- i.e., the balance in the SB account of the complainant. For the acts of OP, the complainant compelled to approach this commission. Hence, the OP is liable to pay Rs.15,000/- as compensation for mental agony and Rs.8,000/- as litigation expenses. Accordingly, we pass the following:-    

//:ORDER://

The complaint is allowed in part.

The OP is directed to pay Rs.1,30,356/- and Rs.65,224/- to the complainant with interest @ 9% p.a from the date of maturity i.e., 25.07.2022, 15.03.2022 respectively to till realization.

The OP is further directed to pay Rs.957/- to the complainant with interest @ 5% p.a from the date of SB account balance to till payment.

The OP is further directed to pay Rs.15,000/- as compensation and Rs.8,000/- as litigation expenses.    

Further, the OP is directed to comply the above order within 45 days from the date of receipt/knowledge of this order.