Complaints filed on: 17-01-2022 & 24-01-2022

                                                      Disposed on: 31-05-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.08/2022 & CC.No.12/2022 to CC.No.17/2022 

DATED THIS THE 31^st 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

Complainants: -                            

1. CC.No.08/2022

Nagamma

W/o late Kambadarangappa.R.H,

R/at Lakshmi Ranganatha Nilaya, Near Bankers Club,

Vidhya Nagar, Tumakuru

2. CC.No.12/2022

Putta Rangamma

W/o late Hanumanthappa

R/at Shiva Krupa, 1^st Main,

1^st Cross, Ashoka Nagar, Tumakuru

3. CC.No.13/2022

Vanajakshi

W/o Lakshmikantha

Hanumanthanahalli at post,

Dodderi Hobli,

Madhugiri taluk,

Tumkur district

4. CC.No.14/2022

Nagamma

W/o late Kambadarangappa.R.H,

R/at Lakshmi Ranganatha Nilaya, Near Bankers Club,

Vidhya Nagar, Tumakuru

5. CC.No.15/2022

Niranjan.R.K

S/o late Kambadarangappa.R.H,

R/at Lakshmi Ranganatha Nilaya, Near Bankers Club,

Vidhya Nagar, Tumakuru

6. CC.No.16/2022

Shivananda.P.

S/o Puttaraju.B

R/at Marthuthi Nilaya,

2^nd Main Road,

Hanumanthapura,

Tumkuru

7. CC.No.17/2022

H.R.Gangamma

W/o late Hanumanthaiah

R/at 1^st Cross, Vinayaka Nagar,

Tumakuru 

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

V/s

Opposite party:-

The Branch Manager,

Sahara Credit Co-operative Society Limited, 2^nd Cross, S.S.Puram, Tumkur-572 102

(Exparte)

COMMON ORDER

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

These complaints filed by the complainants against the OP society under Section 35 of the Consumer Protection Act, 2019.

2. Since the Opposite party- Sahara Credit Co-operative Society Limited (hereinafter called as OP society) in these seven cases are one and the same, but the complainants are different and the facts of these cases are identical, so in order to avoid confusion, repetition of discussion of facts and also to avoid conflict of the opinion, so they are clubbed together and disposed off under a common order.

3. Through these complaints, the respective complainants prays to direct the OP society to pay monthly installments amount paid by them along with interest @ 24% p.a. each to the complainants and pay Rs.50,000-00 each to the complainants towards the damages as compensation for mental agony and other incidentals and grant such other reliefs, in the interest of justice and equity.

4. The common brief facts of the complaints can be stated as under.

The complainants had deposited/paid the monthly installments for a period of 60 months in the OP society under SAHARA.M.BENEFIT Scheme and the said scheme was matured on different dates. The details of name of scheme, account number, principal amount, date of maturity and maturity amount of the complainants as shown in the below table.

5. After maturity, the complainants 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 2018 and till today the OP society has not settled the complainants’ account and not paid the total maturity amount. After so many requests, the complainants issued legal notice on 8-10-2021 to the OP society to settle the total maturity amount with interest. But the OP society despite the service of notice neither complied nor replied the notice. Hence, these complaints.

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

 7. The complainants counsel filed affidavit in lieu of evidence. In CC.No.08/2022 the complainant has produced xerox copies of pass book/Ex.P1 and P2, legal notice/Ex.P3, postal receipts/Ex.P4 and postal acknowledgement/Ex.P5 and in CC.No.12/2022 to 17/2022 the complainants have produced xerox copies of pass book/Ex.P1(a) and P1(b), legal notice/Ex.P2, postal receipts/Ex.P3 and postal acknowledgement/Ex.P4. The complainants have filed their written arguments in CC.No.12/2022 to 17/2022.

8. On hearing the arguments of learned counsel for complainants and perusal of the documents, the points would arise for determination are as under;

1. Whether the complainants prove the deficiency of service on the part of OP society?

2. Are complainants entitled to the relief sought for?

9. Our findings aforesaid points are as under:

Point No.1: In the affirmative

Point No.2: As per the final order

REASONS

10. Point Nos.1 and 2: The learned counsel for the complainants submitted that, the OP society has not disputed the deposited monthly installments made by the complainants on different dates in the OP society. The details of name of scheme, account number, principal amount, date of maturity and maturity amount of the complainants as shown in the below table.

Further the learned counsel for the complainants submitted that, the OP society has failed to return the deposited monthly installment amount and interest amount. The complainants in their affidavit evidence reiterated the averments of complaints.

11. To prove the cases, the complainants have produced xerox copies of pass book issued by the OP society. These pass book contained application Nos.; Pass book Nos.; Member Account holder’s name; address and nominee name; Account Nos.; Account opening date; Scheme name; membership nos.; Tenure: 60 months and mode of installments. 

12. As against this, the OP society has not appeared before the Commission to deny the evidence of the complainants and as such the evidence of the complainants stands undisputed and therefore the evidence of the complainants goes to unchallenged.  Based on the above, we have no legal impediment to disbelieve the say of complainants that, they have established the deficiency in service on the part of OP society. Hence, there is negligence and deficiency in service on the part of OP society. 

13. It was the bounden duty of the OP society to return the maturity amount to the complainants immediately after expiry of maturity date or at least after the service of legal notice dated 8-10-20219. The OP society though received legal notice has failed to reply the same. The act of OP society not returning the deposited monthly installment amount to the complainants amounts to deficiency in service. Hence, it is just and proper to award a nominal compensation of Rs.10,000=00 each to the complainants as compensation and not the amount as prayed in the complaints. Further the OP society shall liable to pay litigation cost of Rs.10,000=00 each to the complainants. Accordingly, we proceed to pass the following;

ORDER

The complaints filed by complainants bearing CC.No.8/2022 and CC.No.12/2022 to 17/2022 are partly allowed. 

The OP society is directed to pay maturity amount of Rs.1,92,000-00, Rs.96,000-00, Rs.73,920-00, Rs.96,000-00, Rs.96,000-00, Rs.96,000-00 and Rs.96,000-00 respectively in each case to the complainants along with interest @ 8% p.a. from date maturity till its payment.

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

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 complaints till the date of payment.      

Place the original order in CC.No.8/2022 and copy of the order in CC.No.12/2022 to 17/2022.

Supply free copy of the order to all parties

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 31^st day of May, 2022).

LADY MEMBER                      MEMBER                 PRESIDENT