Complaint filed on: 24-01-2022

                                                      Disposed on: 20-05-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.11/2022 

DATED THIS THE 20^th DAY OF MAY, 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.(Spl)., LADY MEMBER

Complainant: -

Smt.Rajashree.J,

W/o Chittaranjan.S.L.N,

#1554, 1^st Cross,

Near Sri Devi Nursing Home

MG Road, Tumkur                              

(By Sri.B.A.Gururaja, Advocate)

V/s

Opposite party:-       

The Branch Manager/ Sector Manager,

Sahara Credit Cooperative Society Ltd,

2^nd Cross, S.S.Puram,

Tumakuru-572 102

(Exparte)

ORDER

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint was filed by the complainant against the Opposite Party-Sahara Credit Co-Operative Society Ltd. (hereinafter called as OP society) under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OP society to pay Rs.8,81,800-00 + Rs.4,69,953-00 (Interest as on 1-9-2021) total Rs.13,51,336-00 with interest at 24% p.a. till the realization of the entire amount and to pay Rs.3,00,000-00 towards damages as compensation for mental agony and other incidental and grant cost and such other relief.   

2. It is the case of complainant that, she had deposited the amount in “SAHARA.A SELECT” scheme in the OP Society. The details of account number, deposited amount, maturity date and maturity amount of the complainant is in the below table.

After maturity, the complainant approached the OP Society for repayment of maturity amount with interest, but the OP society dodged the same in one or the other pretext since from the year 2017 and 2018 and till today the OP society has not settled the complainant’s account and not paid the total maturity amount. After so many requests, the complainant issued legal notice on 22-9-2021 to the OP society to settle the deposit amount with interest. But the OP society despite the service of notice neither complied nor replied the notice. Hence, this complaint.

          3. In spite of service of notice, the OP did not appear and placed exparte.  

 4. The complainant counsel filed affidavit in lieu of evidence and produced Exs.P1 to P18 documents. The complainant has also filed written arguments.

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 OP society?

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: As per the final order

REASONS

7. Point Nos.1 and 2: The learned counsel for the complainant submitted that, the OP society has 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 Exs.P1 to P15 certificates issued by the OP society for deposits made. These certificates contained deposited amount, date of maturity and maturity amount of the complainant listed in the following table.

The complainant deposited the amount for 18 months in the OP society. The maturity amount mentioned in the certificates issued by the OP society indicates that, the OP society has calculated interest @ 12% p.a. on the deposit or deposited amount of the complainant. Now the bank rate of interest has been reduced as such the complainant is entitled for interest @ 8% p.a. on the maturity amount from the date of maturity till payment.

9. It was bounden duty of the OP society to return back the maturity amount to the complainant immediately after expiry of maturity date or at least after the service of legal notice dated 22-8-2021/Ex.P16. The OP society though received the legal notice/Ex-P16 has failed to comply the same. The act of the OP society not returning the deposited amount to the complainant amounts to deficiency in service. The OP society shall liable to pay compensation of Rs.10,000-00 as the complainant has suffered mental agony for not return of the deposited amount even after maturity date. Further the OP society shall liable to pay litigation cost of Rs.10,000-00 to the complainant. In the result, we proceed to pass the following;

ORDER

The complaint filed by complainant is allowed in part. 

The OP society is directed to pay Rs.8,81,800-00 to the complainant with interest @ 8% p.a. from the date of maturity of certificates i.e. 01-6-2017, 07-7-2017, 30-6-2017 and 16-6-2018 respectively till its payment.

It is further ordered that the OP society shall liable to pay the compensation of Rs.10,000-00 and Rs.10,000-00 as litigation cost to the complainant.

The above order shall be complied by the OP society within 30 days from the date of receipt/knowledge of the order. Otherwise, the said amount shall carries interest @ 9% p.a. from the date of filing the complaint till the date of payment.        

Supply free copy of this order to both parties

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 20^th day of May, 2022).

LADY MEMBER            MEMBER                       PRESIDENT