Date of Filing:09/09/2022 Date of Order:28/02/2023 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SHANTHINAGAR BANGALORE - 27. CONSUMER COMPLAINT NO.270/2022 DATED ON THIS THE 28th FEBRUARY 2023 PRESENT Sri.B. Narayanappa, M.A., LL.B. - PRESIDENT Smt.Sharavathi S.M, B.A, LL.B., MEMBER COMPLAINANT : | | SRI B N CHANDRAMOULI S/o Late BH Narasimha Murthy Aged about 72 years R/at No.15, 1st Floor Canara bank Colony Shanthi Sagar Hotel Cross Road Uttarahalli Main Road, Bangalore 560 061 Ph 9844294593 (Sri Nagaraja Kumble Adv. for Complainant) | |
Vs OPPOSITE PARTIES: | 1 | SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #18/19, 1ST Floor, Muniramaswamy Building Opp Mirapakaya Hotel Uttarahalli Main Road Chikkalasandra Bangalore 560 061. | | | 2 | THE BRANCH MANAGER SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #18/19, 1ST Floor, Muniramaswamy Building Opp Mirapakaya Hotel Uttarahalli Main Road Chikkalasandra Bangalore 560 061. | | 3 | THE PRESIDENT SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #18/19, 1ST Floor, Muniramaswamy Building Opp Mirapakaya Hotel Uttarahalli Main Road Chikkalasandra Bangalore 560 061. | | 4 | THE CHIEF EXECUTIVE OFFICER SIRIVAIBHAVA SOUHARDHA PATHINA SAHAKARI NIYAMITHA #18/19, 1ST Floor, Muniramaswamy Building Opp Mirapakaya Hotel Uttarahalli Main Road Chikkalasandra Bangalore 560 061. (OPs- Exparte) |
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Nature of complaint | Deficiency in service | |
Date of filing of complaint | 09/09/2022 | |
Date of Issue notice | 19/09/2022 | |
Date of Order | 28/02/2023 | |
Duration of Proceeding | 05 months 18 days | |
ORDERS PASSED By Sri B.NARAYANAPPA, PRESIDENT
1. The complainant Sri B N Chandramouli residing at Uttarahalli Main Road, Bangalore has filed this complaint against OP No.1 Sirivaibhava Souharadha Pathina Sahakari Niyamitha, Bangalore. OP No.2 Branch Manager, OP No.3 President and OP No.4 the Chief Executive Officer of Sirivaibhava Souharadha Pathina Sahakari Niyamitha, Bangalore. Under Section 35 of the Consumer Protection Act, 2019 and prays to direct the OPs to pay to return the entire sum of Rs.12,69,267/- of the complainant available in his SB Account at OP No.1 society with interest at 18% Per annum and to pay Rs.1,00,000/- as compensation for mental agony, caused to the complainant and Rs.10,000/- towards cost and grant such other reliefs as this Commission deems fit to grant.
2. The brief facts are that:-
The complainant is a retired senior citizen having worked at All India Radio, Bangalore and OP is a credit co-operative society, OP No.2 to 4 are the Branch Manager, President, Chief Executive officer of OP No.1. The complainant being the member of OP society bearing membership No.3148 had kept Rs.3,00,000/- under Fixed Deposit on 19.04.2021 and Rs.3,00,000/-, 19.04.2021, the maturity date of said two FDs are 19.04.2023 and also kept one more FD Rs.3,00,000/- on 23.04.2021 which will mature on 23.04.2023 and also kept RD of Rs.78,000/- on 20.04.2021 which was matured on 20.05.2022 and also he kept another RD of Rs.2,70,000/- on 18.08.2021 the date maturity of the said RD was on 18.09.2022. Due to urgent financial needs, the complainant gave letter dated 30.05.2022 to the OP No.1 for premature withdrawal of his FD and RD amounts totally Rs.12,69,267/-. Accordingly, OPs transferred the said amount to SB account bearing No.1361.
3. On 30.05.2022, the complainant with an intention to withdraw the money from his SB account submitted withdrawal slip to OPs, but OP.No.1 refused to honour the withdrawal slip and asked the complainant to come after few days to withdraw the money. On 06.06.2022, the complainant visited the OPs for withdrawal of money. On that day also the OPs did not honour the withdrawal slip presented by complainant. Again on 09.06.2022, the complainant visited the OPs for withdrawal of money on the said date also the OPs did not honour the withdrawal slip. Therefore, the complainant suspect some foul play in the OPs society. Hence, on 20.07.2022 a legal notice was caused to OPs calling upon them to return the entire money a sum of Rs.12,69,267/- held in his SB account, but no response from the side of OPs. Therefore, it is alleged deficiency in service on the part of OPs and due the act of the OPs the complainant suffered mentally and physically and also sustained loss financially. Therefore, this complaint.
4. After registration of this complaint, notices were ordered to be issued to OPs. In spite of service of notices upon them they did appear before this commission, hence OP No.1 to 4 place exparte.
5. The complainant has filed his affidavit by way of examination in chief, the same was taken as PW-1 and got marked Ex.P1 to Ex P14. Heard the arguments of the complainant counsel he also files written arguments.
6. The point that would arise for our consideration are as under:-
1. Whether the complainant proves that the alleged deficiency in service on the part of the Opposite parties and thereby he is entitled to the reliefs as sought for?
2. What order?
7. Our finding on the aforesaid points are as follows:
Point No.1: Partly in affirmative.
Point No.2: As per final order for the following
::R E A S O N S ::
8. Point No.1.:-
It is the clear contention of the complainant that he kept Rs.3,00,000/- each under two FD with OPs on 19.04.2021 bearing Account No.2706, 2707 and the said two FDs to be matured on 19.04.2023 and also he had kept one more FD of Rs.3,00,000/- on 23.04.2021 which is to be matured on 23.04.2023 under account No.2709 and also kept Rs.78,000/- under RD on 20.04.2021 the date of maturity was on 20.5.2022 and the complainant also kept Rs.2,70,000/- under RD on 18.08.2021, the said RD was matured on 18.09.2022. The complainant got marked Ex.P1 Share certificate issued by OPs in the name of the complainant. Ex.P2 to P4 are the FD receipts issued by OPs which reflects that under account No.2706, 2707 and 2709, the complainant had kept three FDs of Rs.3,00,000/- each on 19.04.2021, 19.04.2021 and 23.04.221 which would matured on 19.04.2023. 19.04.2023 and 23.04.2023. Ex P5 the copy of the pass book of the complainant maintained with OPs which reflects balance of Rs.12,69,517/- in the account of complainant. Ex P5 is the pass book also reflects the three FDs closure entry deposits of Rs.2,99,415/-, Rs.2,99,415/- and Rs.2,99,037/- under FD account No.2706, 2707 and 2709 and also reflects the closure entry of RD and deposit of Rs.89,400/- under RD account No. 1049 and also closure entry of one more RD account No.1072 and transferring of amount Rs.2,79,000/- to SB account of the complainant, totally the passbook entry shows that the balance of Rs.12,69,517/- in the SB account as on 30.05.2022. The complainant also got marked Ex P8 the transfer cheque issued by OP for Rs.12,69,517/- transferring the said amount to the SB account of complainant after closure of three FDs and 2 RDs. Ex P6 is the request of complainant submitted to the OPs for premature withdrawal of FD and RD. Accordingly, the OP closed the FD and RD account of the complainant and transferred a sum of Rs.12,69,517/- to SB account of the complainant. Ex P11 is the copy of the legal notice sent to OP calling upon them to return a sum of Rs.12,69,267/- along with interest. From the complainant averments and documentary evidence produced by the complainant it is crystal clear that the complainant had kept three FDs Rs.3,00,000/- each and two RD’s one for Rs.78,000/- and another for Rs.2,70,000/- with OP and requested the OP to close the FD and RD account prematurely. Accordingly, the OPs closed the FD and RD accounts of the complainant and transferred a total sum of Rs.12,69,517/- to the SB account of the complainant. When that being so, as could be seen from the copy of the pass book which reflects that an amount of Rs.12,69,517/- is lying as balance in the SB amount of the complainant when the complainant submitted withdrawal slip to OP society for withdrawal of amount from his SB account, OP did not honour the withdrawal slip of the complainant and asked the complainant to visit again. Accordingly, on two more occasions the complainant visited the OP bank, even then the OPs did not honour the withdrawal slip presented by the complainant. Therefore, the complainant suspect foul play in the OP society. Hence having no other go the complainant was came to be filed seeking necessary reliefs. From the material documents produced by the complainant, which clearly depicts that, the FDs and RDs closure amount of Rs.12,69,517/- is in the SB account of the complainant, but the OPs refused to pay the said amount to the complainant which itself is nothing but deficiency of service on the part of OPs. When the balance amount shown to the tune of Rs.12,69,517/- is in the account of the complainant, he is at liberty to withdraw the said amount for his urgent financial needs as and when required but the OPs refused to pay the said amount to the complainant. Therefore, we are of the considered view that, the OPs No.1 to 4 jointly or severally liable to pay/return the entire amount of Rs.12,69,567/- maintained in the SB account of the complainant to the complainant with interest at 12% per annum within two months from the date of this order and further the OPs are liable to pay compensation of Rs.50,000/- towards mental agony caused to the complainant and Rs.5,000/- cost of the litigation. Hence, we answer Point No.1 Partly in the Affirmative.
9. Point No.2:- For the aforesaid reasons, We proceed to pass the following:
:: ORDER ::
- The complaint of the complainant is hereby allowed in part.
- OP No.1 to 4 are jointly or severally liable to pay /return the entire amount of Rs.12,69,517/- to the complainant along with interest at 12% Per annum within two months from the date of this order till payment.
- Further OP No.1 to 4 are jointly or severally liable to pay Rs.50,000/- towards compensation and Rs.5,000/- towards costs of the ligation to the complainant.
- The opposite party No.1 to 4 shall comply the order within 60 days from the date of this order. In case, the opposite parties fail to comply the order within the said period, the above said amount of Rs.55,000/- shall carry interest at the rate of 10% per annum.
- Furnish the copy of order to both parties free of cost.
(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in Open Commission on this the 28th day of FEBRAURY 2023)
(SRI. B. NARAYANAPPA)
PRESIDENT)
(SMT. SHARAVATHI.S.M)
MEMBER
RAK*
