Complaint filed on: 01-09-2020

                                                      Disposed on: 12-03-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.48/2020 and CC.No.49/2020 

DATED THIS THE 12^th DAY OF MARCH, 2020

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

Complainants: -         

1. CC.No.48/2020

B.S.Balasubramanyam,

S/o H.Srinivas,

Aged about 60 years

R/o “Shrihara Nilaya”

4^th Main, 3^rd Left cross,

Jayanagar West

Tumakuru-572102

2. CC.No.49/2020

B.S.Balasubramanyam,

S/o H.Srinivas,

Aged about 60 years

R/o “Shrihara Nilaya”

4^th Main, 3^rd Left cross,

Jayanagara West

Tumakuru-572102

(By Sri.A.Kaleemulla, Advocate)

V/s

Opposite parties:-    

1. Sahara Credit Co-operative  Society Ltd

Regd. Office: Shara India Bhavana, 1, Kapoorthala complex, Aliganji,

Lucknow-226024

2. The Sector-Head/Manager,

Sahara Credit Co-operative Society Limited, Tumkur sector, S.S.Puram,

Post office building,

Tumakuru-572 102

(OP No.1- Exparte)          

(OP No.2- In person)

COMMON ORDER

SRI.C.V.MARGOOR, PRESIDENT

These complaints are filed by the same complainant against the opposite parties (hereinafter called as OPs) for recovery of money on the basis of deposit made by him hence, this common order.

2. The 1^st OP is the registered office at Lucknow and the 2^nd OP is its branch office at Tumakuru. The complainant in CC.No.48/2020 had deposited Rs.13,000=00 on 1-12-2011 and its maturity date was on 1-12-2019 for a sum of Rs.33,956=00. The complainant in CC.No.49/2020 had kept Rs.12,000=00 as deposit with the 2^nd OP on 1-12-2011 and its maturity value of Rs.31,344=00 as on 1-12-2019. The complainant has approached the OPs for return of fixed deposit amount with interest i.e. maturity amount and when it failed to pay the amount he got issued legal notice dated 3-7-2020 calling upon the OPs to pay maturity amount. The OPs despite the service of notice neither complied nor gave reply hence, these complaints.

3. The 2^nd OP Manager in response to the notice appeared before this Commission on 28-10-2020, 17-11-2020 and 17-12-2020 and inspite of sufficient opportunity he did not care to file version. Thereafter the 2^nd OP not filed affidavit evidence.  The 1^st OP inspite of the service of notice was proceeded exparte.

4. The complainant filed affidavit evidence and produced the original deposit certificates issued by the OPs, copy of legal notice and postal acknowledgment marked as Exs.P1 to P3.

5. We have heard the learned counsel for complainant and the points that would arise for determination are as under:

1)      Whether the complainant proves the deficiency in service on the part of OPs?

2)      Is complainant entitled to the reliefs sought for?

6. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative   

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

REASONS

          7. Point No.1 to 2: The learned counsel for the complainant submitted that the OPs inspite of opportunities given by this Commission did not care to contest the claim by filing defence. The complainant in his affidavit evidence reiterated the averments of complaint. Ex.P1 in both cases are the certificates issued by the 2^nd OP for receiving the deposit of Rs.13,000=00 and Rs.12,000=00 on 01-12-2011. These certificates prove that the OPs have agreed to repay the deposited amount with accrued interest on the maturity date i.e. 01-12-2019.

          8. On perusal of the certificates it can be believed that the OPs are running the finance business as such the complainant is a consumer under the CP Act, 2019. The complainant has produced legal notice dated 3-7-2020 calling upon the OPs to pay maturity amount of the fixed deposit. The documents produced by the complainant proves that the OPs have failed to return back the fixed deposit amount with accrued interest even after the expiry of maturity date i.e. 01-12-2019. Thus the OPs have committed deficiency in service by not returning the amount after maturity date. The OPs have withheld the amount payable to the complainant even after the maturity date as such they are liable to pay interest @ 8% p.a. from the date of maturity till its payment. That apart the OPs have compelled the complainant to approach this Commission as such he has suffered physically as well as mentally and for that the OPs shall liable to pay compensation of Rs.10,000=00. In the result, we proceed to pass the following;

ORDER

CC.No.48/2020 and CC.No.49/2020 are allowed with costs.

The OP Nos.1 and 2 are jointly and severally liable to pay Rs.33,956=00 in CC.No.48/2020 and Rs.31,344=00 in CC.No.49/2020 with interest @ 8% p.a. from 01-12-2019 till the date of payment.

It is further ordered that the OP Nos.1 and 2 shall pay compensation of Rs.10,000=00 and litigation cost of Rs.10,000=00 in each case to the complainant within 30 days from the date of order. In case the OP Nos.1 and 2 fail to comply with the order then it carries interest @ 8% per annum from the date of filing complaints till the date of payment.   

Place the original order in CC.No.48/2020 and copy of the order in CC.No.49/2020.

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