Complaint filed on: 01-10-2021

                                                      Disposed on: 28-02-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU  

CC.No.76/2021 and CC.No.77/2021

DATED THIS THE 28^th DAY OF FEBRUARY, 2022

PRESENT

SRI.KUMARA.N, B.Sc.(Agri), MBA, L.L.B, PRESIDENT (I/c)

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

Complainants: -

1. CC.No.76/2021

Sri.T.G.Venkatesh

S/o late Ganganna

R/o Church Street,

Rangapura, Urukere post

Tumakuru-572 106

2. CC.No.77/2021

Smt.Jayalakshmamma

W/o Kempanna

R/o C/o Venkatesh.T.G

Church Street,

Rangapura, Urukere post 

Tumakuru-572 106

(By Smt.Bhagya.C.R, Advocate)

V/s

Opposite party:-       

Sri.S.Srinivas,

Sector Manager, EMP Code 1572

SAHARA INDIA,

Assistant Manager,

Star Multipurpose Co-Op. Society

Ltd, Vijaya Complex, 1^st Floor,

S.S.Puram Main Road,

Tumakuru-572 102

(Exparte)

COMMON ORDER

SRI.KUMARA.N, PRESIDENT (I/c)

These complaints were filed under Section 35 of the Consumer Protection Act, 2019 by the complainants i.e. members of Opposite Party-Stars Multipurpose Co-Operative Society Ltd. (hereinafter called as OP society) with a prayer to direct the OP society to pay Rs.3,38,102-00 and Rs.72,240-00 respectively and pay cost, suitable compensation towards mental torture and inconvenience caused to the complainants due to deficiency of service on the part of OP-Society.

2. The complainants in CC.No.76/2021 and CC.No.77/2021 are different. The relief claimed in both complaints against the OP Society is one and the same and to avoid repetition of facts and evidence this common order.

3. The complainants in both cases have become the members of OP society and they have deposited the amount in different receipt numbers and the OP has issued certificates for the fixed deposit amount. The fixed deposit made by the complainants in the OP-Society is in the following table.

4. The complainants have personally approached the OP-Society for repayment of fixed deposit amount with interest and other benefits after maturity period, but the OP has not properly responded. After so many requests the complainants have issued legal notice on 28-7-2021 to the OP to settle the fixed deposit amount. But the OP-society despite the service of notice neither complied nor replied the notice. Hence, these complaints.

          5. After issuing notice from this Commission, the OP has not appeared hence, the OP placed exparte. The complainants have filed their affidavit evidence and produced documents.    

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

1)      Whether the complainants prove the deficiency in service on the part of OP society by not returning the matured fixed deposit amount?

2)      Are complainants 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: As per final order for the below

REASONS

          8. Point No.1 to 2: The complainant counsel argued that the complainants deposited Rs.1,63,209-00, Rs.12,250-00 on 23-2-2016, 15-6-2012 in CC.No.76/2021 and Rs.18,000-00, Rs.15,000-00  on 30-5-2012 and 14-12-2012 in CC No.77/2021 in OP society, after the maturity dates the society not returned the maturity amount along with interest as agreed.  In spite of service of legal notice, being the responsible society the OP has not replied nor complied. The act of OP society shows its negligence and deficiency of service.

9. The complainants produced Ex.C1, C4 and C5 which were copies and original receipts of deposit of complainant in OP society for Rs.18,000-00 and Rs.15,000-00 on 30-5-2012 and 14-12-2012 respectively in CC.no.77/2021. Exs.C1, C2, C6 were original/copies of receipts of deposit for Rs.1,65,209-00, Rs.12,250-00 and Rs.3,335-00 on 23-2-2016 and 15-6-2012, proves that the complainants deposited said amounts in OP society. Ex.C2, Ex.C3 and Ex.C3, Ex.C4 and Ex.C6 in CC.No.77/2021 and 76/2021 were postal acknowledgement, receipts and legal notice served to OP society.

10. On perusal of pleading, affidavit of complainants and documentary evidence though there was liability on the   OP-society to repay the matured fixed deposit amount to the complainants after maturity, but not responded. It was the bounden duty of the OP society to return back the maturity amount to the complainants immediately after expiry of maturity date or at least after the service of legal notice dated 28-7-2021. The OP society though received legal notice failed to comply the same nor not replied. The act of OP society not returning back the invested amount to the complainants amounts to deficiency in service and OP society compelled the complainant to approach this commission, hence the OP society shall liable to pay compensation of Rs.10,000=00 in each case as the complainants have suffered mental agony for not 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 each case. In the result, we proceed to pass the following;

ORDER

The complaints filed by complainants in CC.No.76/2021 and 77/2021 are allowed.  

The OP society is directed to pay Rs.3,38,102=00 in CC.No.76/2021 and Rs.72,240-00 in CC.No.77/2021 to the respective complainants with interest @ 8% p.a. on the said amount from date of filing of complaint i.e. 01-10-2021 till the date of payment.

It is further ordered that the Opposite party society shall pay compensation of Rs.10,000-00 and litigation cost of Rs.10,000-00 to each complainants 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 the complaints till the date of realization.  

Place the original order in CC.No.76/2021 and copy of the order in CC.No.77/2021.

Furnish the copy of order to the complainants 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 28^th day of February, 2022).

    LADY MEMBER                                     PRESIDENT (I/c)