Complaints filed on: 03-03-2021

                                                      Disposed on: 22-09-2021

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.28/2021

DATED THIS THE 22^nd DAY OF SEPTEMBER, 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. Chikkahanumakka,

W/o late Narasimhamurthy,

Aged about 70 years,

R/at “Sri Harsha”, Puttanjaneya swamy temple street, Kuvempunagar, Tumkur.

(By Sri.N.R.Lokesh, Advocate)

V/s

Opposite parties:-    

1. Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram building, behind Dwaraka Hotel, M.G. Road, Tumkur.

1a. Represented by

  It’s President,

  Sri.Ramamohan, Aged       

  about 63 years.

1b. Represented by its

      Smt. K.A.Sowmya

2. B.N.Puttanarasareddy, Advocate, Ex.President, Present Director,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram building, Behind Dwaraka Hotel, M.G.Road, Tumkur.

Working at S.S.Arcade,

(OP No.1a-by Sri.Lakshminarayana.T.

Advocate)

(OP No.1b- Exparte)

OP No.2- Exparte)

ORDER

SMT. NIVEDITA RAVISH, LADY MEMBER

This complaint is filed under section 35 of the CP Act, 2019 against the OP No.1 Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram building, M.G.Road, Tumkur, OP No.1 (a) represented by its President, Sri.Ramamohan, OP No.1 (b) represented by Smt. K.A.Sowmya and OP No.2 is B.N.Puttanasareddy, Advocate, Ex President and Present Director of Sri.Vinayaka Souharda Pattina Sahakari Niyamitha, Tumkur. The complainant prays  to direct the Opposite parties (hereinafter called as OPs) to pay Rs.1,45,000=00 and accrued interest from 8-10-2020 till payment of FD amount and for further direct the OPs to pay Rs.50,000=00 to the complainant towards mental agony and harassment given to the complainant.

2. This complainant has deposited Rs.1,00,000-00 on 23-05-2017 in the OP society. After receipt of the amount the OP society has issued FD bond No.340. As per the bond the maturity date was on 23-08-2020. On many requests made by the complainant to OP No.2 who was the President at that time has not returned maturity amount with interest. On the request of OPs the complainant has agreed to renew the said bond for 46 days from 23-08-2020 to 08-10-2020. After 08-10-2020 the complainant has approached the OPs for maturity amount with interest but the efforts made by complainant all went in vain. Thereafter, the complainant has got issued legal notice through her counsel on 30-01-2021. The legal notice issued to OP No.1 (a) was served and OP No.1 (b) was un-served and notice issued to 2^nd OP was not returned, but till the OPs have not paid the said FD maturity amount with interest. Hence, this complaint.

3. After issuing notice from this Commission, the OP No.1 (a) has appeared through his learned counsel. Notice to OP No.1 (b) and OP No.2 is duly served and they have placed exparte.

4. The complainant has filed her affidavit and produced five documents which are marked as Exs.P1 to P5. The OP No.1 (a) has not filed version or affidavit.

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

1. Whether the complainant proves the deficiency on the part of OPs not returning the invested amount with accrued interest after the maturity date?
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: As per final order for the below

REASONS

7. Point No.1 and 2: On perusal of the pleadings and evidence that FD receipt issued by the OP society shows that the amount was deposited by the complainant on 23-05-2017 and maturity date was on 23-08-2020. After maturity date FD was renewed from 23-08-2020 to 08-10-2020.

8. The contention of complainant is that after maturity of fixed deposited amount, she has approached the OP Society, Present President and Secretary, Ex-President on several times but the OP society has not repaid the maturity amount along with interest to her. Being the responsible society and persons, the OPs have not replied to the legal notice of complainant. Further OP No.1 (b) and OP No.2 have failed to appear before this Commission. OP No.1 (a) has not filed his version and affidavit. This act of OPs shows their negligence and deficiency of service.

9. On perusal of pleading, affidavit of complainant and documentary evidence prove that though there was liability on OPs to repay the matured fixed deposit amount with interest to the complainant after maturity but not responded. On perusal of Ex.P1 the Fixed Deposit Receipt No.340 which signed by the Secretary, Vice-President and President of the OP Society. The complainant has deposited Rs.1,00,000=00 on 23-05-2017 and maturity date was on 23-08-2020. The said Fixed Deposit Receipt has renewed on the request of the OPs for the period of 46 days from 23-08-2020 to 08-10-2020. On the back page of receipt maturity amount as mentioned at Rs.1,44,644-00 and accordingly, we proceed to pass the following.

ORDER

The complaint is partly allowed with costs.

The OP No.1 (a), OP No.1 (b) and OP No.2 are jointly and severally directed to pay Rs.1,44,644=00 to the complainant with interest @ 8% p.a. on the said amount from 08-10-2020 till the date of payment.

It is further ordered that the OP No.1 (a), OP No.1 (b) and OP No.2 jointly and severally shall liable to pay litigation cost of Rs.10,000=00 and compensation of Rs.5,000=00 to the complainant within 45 days from the date of this order. Otherwise, it carries interest at the rate of 8% per annum from the date of filing complaint till the date of realization.

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 22^nd day of September, 2021).

LADY MEMBER            MEMBER                       PRESIDENT