Complaint filed on: 04-02-2022

                                                      Disposed on: 18-04-2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

CC.No.42/2022

DATED THIS THE 18^th DAY OF APRIL, 2022

PRESENT

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

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

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

Complainant: -

M.Krishnamurthy

S/o Mallaiah, Advocate

Aged about 54 years,

Shettihally, Tumakuru-02

(By Sri.Narasimhaiah, Advocate)

V/s

Opposite parties:-    

1. Sharadamma

President

2. Padmashree

Vice President

3. Manjula
4.  

Sri Renukadevi Mahila Souhardha Patina Sahakara Niyamitha,

Tumakuru District Aarya Eediga Sangha

Building, Behind Sai Baba Temple,

Amarajyothi Nagara Main Road, 

Ramakrishna Nagara, Tumakuru

Now residing at 1^st Cross,

Behind Jagajyothi Cables,

Near Siddivinayaka Temple,

Maraluru Dinne Road,

(Dr.Vishnuvardhan Road)

19^th Ward, Shanthinagara,

Tumakuru-02  

                                                 (OP Nos.1 to 3- Exparte)

ORDER

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant under Section 35 of Consumer Protection Act, 2019 to direct the Opposite parties (hereinafter called as OPs society) to pay the total amount of Rs.2,39,432-00 together with interest @ 24%  till payment of entire amount and Rs.30,000-00 towards mental agony and litigation expenses.

2. It is the case of complainant that the OP Nos.1 to 3 are the President, Vice President and Secretary/CEO of Sri Vinayaka Renukadevi Mahila Souharada Patina Sahakara Niyamitha, Tumakuru. On the request made by the OPs, the complainant has opened SB Account No.199, file no.2 and deposited the amount of Rs.2,00,000-00 on 4-11-2019  for a period of one year (12 months) and @12.5% per annum on the said amount i.e. Rs.2,083-00 per month and the same was transferred every month to the SB account of complainant opened in the OPs society. The complainant has deposited the said amount for the purpose of higher education of his daughter. After completion of seven months from the date of fixed deposit, the OPs society gave a sum of Rs.10,500-00 as interest amount. Then the OPs society has dragon to give the interest amount to the complainant one or the other pretext. The deposit amount was matured on 4-11-2020.  The complainant has approached the OPs society for return of FD amount and interest amount which required for his daughter higher studies and his wife medical expenses, but the OPs society are not given any single rupees nor renewed the FD amount. On 26-11-2021 the complainant issued a legal notice to the OPs through RPAD but all RPAD are returned back with a shara “refused”. Thereafter, the complainant requested the OPs through phone for return of FD and SB account amount, but till today the OPs are not made any arrangements to return the FD and SB account amount. Further the OPs are not responding the complainant requests and demands and failed to return the amount. Hence, this complaint.     

3. As per postal authority’s endorsement, the OP Nos.1 to 3 refused to take notice. Hence, service of notice held sufficient. They did not appear and they were called out absent and placed exparte.

4. The complainant counsel filed affidavit in lieu of evidence and produced Exs.P1 to P6 documents.

5. 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?

6. Our findings aforesaid points are as under:

Point No.1: In the affirmative

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

REASONS

7. Point Nos.1 and 2: The learned counsel for the complainant submitted that the OPs society have failed to return the deposited amount and interest amount. The complainant in the affidavit evidence reiterated the averments of complaint.

8. To prove the case, the complainant has produced Ex.P1 the copy of Shreematha Cash Letter (²æêÀiÁvÁ £ÀUÀzÀÄ ¥ÀvÀæ) bearing No.072 issued by the OPs society in the name of complainant. According to the complainant, he has kept Rs.2,00,000=00 as FD amount in the OPs society on 4-11-2019 for a period of 12 months with interest @ 12.5 % per annum payable on maturity. The complainant has produced Ex.P2 copy of SB account pass book which indicate balance as on 5-10-2020 Rs.10,330-0 and this pass book reveals that interest accrued on the FD is credited five months regularly. The complainant admitted that the OP society has credited interest accrued on FD amount to his SB account no.199. The OP society is running finance transaction by collecting deposits from the public including complainant. It was the obligation on the part of OPs society to return the FD amount immediately after maturity or on the demand made by the depositors/complainant. The complainant has produced Ex.P3 legal notice dated 26-11-2021 given to the OPs society to return his FD amount and balance interest amount.  The OPs society though they have served with notice did not come forward to challenge the case of complainant. The OPs society has agreed to give interest @ 12.5% p.a. on the FD amount. The OPs society has committed deficiency of service in not retuning the amount deposited by complainant. The OPs society has compelled the complainant to approach this Commission thereby the complainant suffered mental agony and for that the OPs society shall pay compensation of Rs.10,000-00 and litigation cost of Rs.10,000-00 to the complainant. In the result, we proceed to pass the following;

ORDER

The complaint filed by the complainant is allowed in part.

The OP Nos.1 to 3 shall jointly and severally liable to pay a sum of Rs.2,00,000-00 with interest @ 12.5% p.a. from the date of deposit i.e. 4-11-2019 till the date of payment to the complainant by deducting the Rs.10,500-00 (i.e. five months interest already paid).

It is further ordered that the OP Nos.1 to 3 shall pay compensation of Rs.10,000-00 and litigation cost of Rs.10,000-00 to the complainant within 30 days from the receipt of this order.

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 18^th day of April, 2022).

LADY MEMBER                  MEMBER                           PRESIDENT