Date of Filing:17.09.2021

Date of Disposal:29.04.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI RAMACHANDRA.M.S,  PRESIDENT

1. The complainant files a complaint with this Commission under Section 35 of the Consumer Protection Act of 2019 with a direction to OP to pay a sum the SGG Vishista Cash Certificate A/c No.SGG/SGL/0000006 dt.15.09.2014 amount of Rs.1,83,750/- along with interest at 18.75% p.a. from 16.09.2018 to till date of payment, compensation for mental agony, trauma , mental harassment and such other reliefs.

2.   The following are the complaint's key facts: 

The complainant submits that complainant is thecustomer with the OP for 08 years and he was a member of the OP as ticket number KSL/01/4 on 28.03.2020 and the complainant has deposited sum of Rs.1,05,000/- and OP has offered agreed rate of 18.75% p.a. interest. The said deposit was made for a period of 48 months from 15.09.2014 to 16.09.2018 and upon receipt of the same the OP had issued passbook and also Vishista Cash certificate no.SGG/SGL/0000006 dt.15.09.2014 as per annexure document -1& 2. Thereafter maturity of the deposit, complainant approached OP for refund of the same along with interest, but OP not repaid same and going on postponing the requests of the complainant. Aggrieved the act of the OP, the complainant was forced to file the present complaint and sought for the relief of refund of the deposit amount along with interest.

3. Notice to OP-1,2  duly served, represented by counsel  and filed version, but not chosen to file affidavit and affidavit evidence of OP is taken as not filed.

4.  The complainant filed chief-examination affidavit along with relevant in support of his contention.

5.  Heard arguments. The matter is reserved for order.

6.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1                :       Affirmative

Point No.2                :       As per final order

REASONS

8. POINT NO.1:-  On perusal of complaint averments and also by looking at the chief examination affidavit, it appears that the complainant has filed  IA under section 5 of Limitation Act and stated that the delay in filing the complaint has to be condoned for the reasons stated in the affidavit. On perusal of the same, the commission observed that the Appellate court and Hon’ble Supreme Court of India in their several judgments repeatedly and constantly held that any issue of deposit of amount with the financier or financial institution  even for the period and after the financial institution fails to refund  or repay the deposit to the depositors the cause  of action to file  the complaint is continued cause of  action as long as the amount is not paid to the depositors. By applying the same to the present case, it is held that the complaint is filed on the continued cause of action for the repayment of deposit amount with OP institution. When such being the case the consideration of limitation point does not arise and the complaint is to be held and filed well within the limitation period.

9. As per the complaint averments, it is evident from the facts of the case that the complainant is the customer of the OP for 08 years and he was a member of the OP as per ticket number KSL/01/4 on 28.03.2020 and the complainant has deposited sum of Rs.1,05,000/- and OP has offered agreed rate of 18.75% p.a. interest. The said deposit was made for a period of 48 months from 15.09.2014 to 16.09.2018 and upon receipt of the same the OP had issued passbook and also “Vishista Cash certificate” no.SGG/SGL/0000006 dt.15.09.2014 as per annexure document -1& 2. Thereafter on maturity  of the deposit, when complainant approach OP for refund of the same along with interest, but OP  has not repaid same and on postponing the requests of the complainant. Aggrieved the act of the OP, the complainant was forced to file the present complaint and sought for the relief of refund of the deposit amount along with interest.

10. The OP filed written version denying the entire allegations and any deficiency of service  on their part during the course of service to the complainant. The OP have also denied any deficiency of service and prayed for dismissal of the complaint for the above reasons.

11. On perusal of the annexure documents the commission has observed that the annexure-1,2,3 are the pass books issued by OP, wherein the complainant is the member of the OP and the entire annexure documents discloses the details of the chit payment, on which date how much money was deposited  by the complainant to the OP. All these details entered by OP and signed the pass books pertaining to the chit amount. Annexure document-9 issued by OP in the name and style of SGG Vishista Cash certificate  to the complainant for the chit amount and the entries shows Rs.1,50,000/- as deposit amount of the complainant. Annexure document-3  is letter of request submitted by the complainant to the Manager of the OP. By way of this letter complainant has requested the OP to disburse the deposit amount of the complainant on maturity of the said chit.

12. From the perusal of these annexure documents which is produced by the complainant, the Commission observed that the complainant has successfully proved that he has deposited chit amount of Rs.1,05,000/- with the OP as a member.  And even after the maturity period when the OP fails to refund the same along with interest. This act and conduct of the OP  amounts to deficiency of service on their part and there is negligent and careless service rendered of the OP. For which they are liable to pay the deposit amount of the complainant along with interest agreed by them. Since there is agreement of the complainant and OP for agreed rate of interest, the OP shall held liable to pay the rate of interest as per the agreed terms and conditions in chit transaction. When such being the case, the OP is held liable to pay the sum to the complainant along with other reliefs as granted in the complaint.

13. Since there is discrepancy  both in the pass book entry and certificate with respect to deposit amount. By considering the payment schedule as per entries in the pass book, the commission has no other  way to consider the entry in the passbook and by considering  the same  we pass the order on the said amount. In view of the above discussion, the Point No.1 we answer Partly in Affirmative.

14. POINT NO.2:- In the result, we passed the following:

                             ORDER

1. Complaint is allowed in part.
2. The OPs  are jointly and severally  directed to refund Rs.1,50,000/- along with interest at the rate of 8 % p.a. from the date of maturity   till refund is made  to the complainant.

3. The OPs are jointly and severally  further directed to pay a sum of  Rs.10,000/- as compensation towards deficiency of service and Rs.5,000/- towards litigation charges. OP fails to comply the order within 45 days from the date of order, compensation amount and cost of litigation shall  carry interest at 6% p.a. for non-compliance of the order.

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 29^th April 2023)

(RAMACHANDRA M.S.)

PRESIDENT

       (NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

                 MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Sri S.Guru Prasad-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Nil

Documents produced by the OP: Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*