Complaint filed on: 09-12-2020

                                Disposed on:13-10-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.82/2020

DATED THIS THE 13^th DAY OF OCTOBER, 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: -                 

Smt.Jayalakshmamma

W/o Kempanna,

Aged about 70 years,

R/at Aregujjanahalli,

Urdigere hobli, Tumkur taluk       

(By Sri.R.V.Doddashanaiah, Advocate)

V/s

Opposite party:-       

Sahara Credit Co-operative Society Limited, R/by its Authorized Signatory, 1^st floor, Vijaya complex, Near DCC Bank, S.S.Puram main road, Tumakuru

(By Sri.M.Balakrishna Bhat, Advocate)

ORDER

SRI.KUMARA.N, MEMBER

This complaint is filed under Section 35 of C.P.Act, 2019 to direct the Opposite Party-Society (hereinafter referred as OP society) to pay fixed deposited amount of Rs.30,000-00 together with litigation cost and such other relief. 

2. It is the case of complainant that he had deposited amount with the OP society for a period of six years. The details is in the below table;    

3. The complainant has approached the OP society for release of matured amount of Rs.30,000-00 pertaining to the above investment but the OP society is dodging the same on one or the other reason. The OP society has taken two years time to repay the maturity amount but the OP society has failed to repay the same. Due to negligent act of OP society the complainant has suffered mental agony due to deficiency in service of OP. Hence, this complaint.    

4. The OP Manager after the service of notice appeared on 27-1-2021 and prays time to engage counsel. Further on 1-2-2021 Sri.M.Balakrishna Bhat has filed vakalath for OP. On 4-3-2021 and 19-3-2021 the OP Manager prays time for version, but already 45 days was expired from the date of service of notice, this Commission rejecting the prayer of OP Manager taken that OP has no version. Further on 28-9-2021 the OP counsel has filed IA under Section 151 of CPC seeking permission to file version. The learned counsel for complainant has submitted that OP has taken nearly one year time to file version and IA may be allowed on heavy cost of Rs.25,000-00. The OP Manager has stated in the affidavit filed on 28-9-2021 in support of IA that on the previous date of hearing due to Covid lock down and official problems could not file version. The reason stated in the affidavit is patently false since the first lock down was declared on 24-3-2020 and second lock down was declared in April, 2021. Notice of the complaint was served on the OP society on 2-1-2021, the OP appeared on 27-1-2021 and right to file version was rejected after expiry of 45 days on 19-3-2021.  In view of latches on the part of OP, IA was allowed on cost of Rs.5000-00 payable on same day, but the OP counsel further prays time for payment of cost hence, this Commission rejected the prayer of OP counsel as the OP has not filed version before 45 days from the date service of notice as per constitution bench decision of the Hon’ble Supreme court reported in New India Assurance Co. Ltd v/s Hilli Multipurpose Storage 2020 (2) CPR 166 dated 4-3-2020. The right of OP to file version was forfeited on 19-3-2021 as the OP has appeared on 27-1-2021. Further the OP neither filed affidavit evidence nor advanced arguments.        

5. The complainant has filed her affidavit evidence and produced the original deposit certificate issued by the OP society marked as Ex.P1.

6. We have heard the arguments of 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 OP society not returning back the invested amount with interest after the maturity date?

2)      Is complainant entitled to the reliefs sought for?

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

Point No.1: In the affirmative   

Point No.2: In the affirmative for the below

REASONS

8. Point Nos.1 and 2: The complainant has produced Ex-P1 certificate issued by the OP society for investment made on 14-12-2012. This certificate contained investment amount, date of maturity, investment date and certificate number. The complainant has invested the amount for 72 months. Ex-P1 certificate issued by the OP society clearly shows that the complainant has invested the amount of Rs.15,000-00 on 14-12-2012. This certificate proves that the OP society has agreed to repay the deposited amount with accrued interest on the maturity date i.e. 14-12-2018. The maturity amount has not shown/written in the certificate issued by the OP society as such complainant prays for maturity amount with interest on the deposit or investment amount. Now nationalized bank rate of interest has been reduced as such the complainant is entitled for interest @ 8% p.a. on the deposited amount of Rs.15,000-00 from 14-12-2012 till the date of payment.

9. It is the bounden duty of the OP society to return back the maturity amount to the complainant immediately after expiry of maturity date. The act of OP society not returning back the matured amount to the complainant amounts to deficiency in service. The OP society shall liable to pay compensation of Rs.10,000-00 as the complainant has suffered mental agony for none return of  the invested amount even after maturity date. Further the OP society shall liable to pay litigation cost of Rs.10,000-00. In the result, we proceed to pass the following;

ORDER

The complaint is partly allowed with costs. 

The OP society is directed to return back the deposit amount of Rs.15,000-00 with interest @ 8% p.a. on the said amount from 14-12-2012 till its payment.

It is further ordered that the OP society shall liable to pay the compensation of Rs.10,000-00 and Rs.10,000-00 as litigation cost to the complainant within 45 days from the date of order. Otherwise, said amount carries interest @ 8% p.a. from the date of filing the complaint till the date of payment.   

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

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 13^th day of October, 2021).

LADY MEMBER          MEMBER                   PRESIDENT