Complaint filed on: 04-02-2022

                                                Disposed on: 25-07-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

#201, 202, 1^st Floor, Indian Red Cross Building Complex,

Ashoka Road, Tumakuru-572 101. 

DATED THIS THE 25^th DAY OF JULY 2022

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A. L.L.B.(Spl.) LADY MEMBER

CC.No.45/2022

A.R.Jeevan S/o A.N.Rudraprakash,

A/a 19 years, R/at Adalakere,

Nittur Hobli, Gubbi Taluk,

Tumakuru District.

…………..Complainant

(By Sri.K.S.Jaganatha., Advocate)

V/s

1.       The Chief Executive Officer,

          Shivashree Souhardha Pattina

          Sahakara Sangha Niyamitha,

          J.C.Road Branch, Tumakuru.

2.       The President,

          Chief Office,

          Shivashree Souharda Pattina,

          Sahakara Sangha Niymitha,

          Opp. 7^th Cross, Ashokanagara,

          Tumakuru.

……….Opposite Party/s

(By Sri.R.Premkumar., Advocate)

:ORDER:

BY SMT.NIVEDITA RAVISH -  LADY MEMBER

This complaint is filed by the complainant Under Section 35 of the Consumer Protection Act 2019 with a prayer to direct the OP No.1/the Chief Executive Officer, Shivashree Souhardha Pattina Sahakara Sangha Niyamitha, Branch Officer, J.C.Road, Tumakuru and OP No.2/the President, Chief Office, Shivashree Souhardha Pattina Sahakara Sangha Niyamitha, Head Office, J.C.Road, Tumakuru (herein after called as ‘OPs’) to refund the matured fixed deposit amounts with interest, which are in the name of the complainant and also to pay Rs.2,00,000/- for loss and damages caused to the complainant due to non-payment of matured F.D. Amount in time.

2.       It is the case of complainant that, the parents of the complainant were deposited the amount under 03 F.D. receipt Nos.4563, 4564, 4565 on 06.08.2014 for Rs.40,000/-, Rs.40,000/- and Rs.20,000/- respectively in the OP’s Sahakari Niyamitha in the name of the complainant who was minor at the time of deposit.  The maturity date of the said receipts was 06.08.2017 and maturity amount of the said respective receipts are Rs.57,030/-, Rs.57,030/- and Rs.28,515/-.  The total deposited amount is Rs.1,00,000/- and total maturity amount is Rs.1,42,575/-.  The Father of the complainant deposited the said 03 receipts till the complainants attains the majority and said fixed deposits were also renewed.  But the OPs have not issued the original F.D. bonds to the complainant and the same are remain in the custody of the OPs.  After attaining the majority, the complainant requires the money for his higher studies and he made written representation on 23.09.2021 by enclosing with his age declaration certificate, date of birth, Adhar card and SSLC Marks Card by requesting to refund his matured fixed deposit amount to bank account of the complainant through NEFT (National Electronic Fund Transfer). Though the requesting letter received by the OPs have not complied the same.  Hence, this complaint.

3.       After issuing notice, the OPs have appeared through their counsel and filed the version.  The OP have denied all allegations made by the complainant which are false and misleading.  Further, the OPs have submitted that the complainant can approach the OP’s Head Office situated at Ashoknagar, Tumakur and submit all the deposit receipts in the original along with the relevant documents and accordingly get his deposited amount reimbursed wherein complainant has claimed Rs.1,42,575/- spread over three deposits will be refunded back by way of cheque only issued by the OPs.  Hence, OPs have prayed to direct the complainant to approach the OPs and placed all the relevant documents before the OPs and get the complainant’s grievance solved.

4. The complainant counsel filed his affidavit evidence with 04 documents, which are marked as Ex.P1 to P4 and one Shri T.C.Mallikarjunaiah, Head of Legal Department of OPs have filed his affidavit evidence on behalf of OPs.

5. On hearing the arguments of learned counsel for both the parties 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?

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: In the partly affirmative for the below         

-:REASONS:-

Point Nos.(1) & (2):-

7.       The learned counsel for the complainant argued that the parents of the complainant have deposited totally Rs.1,00,000/- under 03 different F.D. receipts on 06.08.2013 and produced the Ex.P2/ Balance conformation report as on 28.11.2014, to prove that the 03 receipts of Fixed Deposits, which reflects as below:

The same Ex.P2 is not disputed by the OPs. 

8.       Further, complainant submitted that, he has approached the OP No.1 for refund of his matured Fixed Deposited amount by sending a letter on 23.09.2021 to the OP No.1 with necessary documents and produced the Ex.P1 copy of registered post issued to the OP No.1 which contained that, the OPs have not issued the original bonds of 03 receipts and the 03 original receipts of F.D.bond of complainant were remain in the custody of the OP.  The OPs have not objected the Ex.P1, but admits that they are ready to reimburse/en-cash the matured deposit amount of Rs.1,42,575/- pertains to 03 receipts of fixed deposits which was claimed by the complainant after submitting relevant documents those are Adhar card,, Adhar Card of complainant’s parents, attested marks card and a requisition letter stating all the necessary details duly identified by his parents and an affidavit declaring that all documents placed are true and correct before the head office of the OP.  The OPs have not produced any documents to show that OPs have asked to furnish the relevant documents to the complainant before filing the complaint.  The OPs have not intimated to the complainant about furnishing of the relevant documents before filing the present case and not replied to the requisition letter of the complainant dated:23.09.2021.  It was the bounden duty of OPs to return matured F.D. amounts, but OPs have not complied the same, which resulted in the deficiency of service.                                       

9.       Further, complainant submitted that he has attained the majority and the maturity amount under 03 F.D. receipts are necessary for his higher studies and Ex.P3/SSLC marks card and Ex.P4/Adhar Card of the complainant proves that the complainant has attained the majority and same documents are not objected or denied by the OP. 

10.     The OPs are admitted that they are ready to refund the maturity amount i.e. Rs.1,42,575/- after scrutiny of all relevant documents, which asked by them to the complainant i.e. . It is the bounden duty/responsibility of the OPs to scrutinize the documents of their customers.  Hence, the complainant is liable to produce the all relevant documents in the Head office of the OPs i.e., Adhar of the complainant and his parents, attested marks card of the complainant and a requisition letter stating all the necessary details duly identified by complainant’s parents and an affidavit declaring that all the documents placed were  true and correct before the head office of the OP.  Hence, OPs are liable to pay Rs.1,42,575/- after receiving the relevant documents from the complainant.  The maturity date of three receipts is 06.08.2017.  Hence, the OP is liable to pay interest @ 8% p.a. on maturity amount i.e. Rs.1,42,575/- from the date of 06.08.2017 till the realization of the amount.  Further, complainant prays for Rs.2,00,000/- for damages caused to him due to non-payment of matured deposited amount at the time when the complainant taking admission for his higher studies.  The complainant did not produce any documents to show that he suffered such loss or damage.  Hence, same is not considered.  But the OPs have compelled the complainant to approach this Commission, hence the OPs are is liable to pay Rs.15,000/- as compensation and Rs.10,000/- as litigation cost towards the complaint.  Accordingly, we proceed to pass the following:-

:ORDER:

The complaint filed by complainant is allowed in part with cost.  

The OPs are directed to pay Rs.1,42,575/- along with interest @ 8% p.a. from 06.08.2017 till realization after receiving all relevant documents by the complainant.

The OPs are further directed to pay Rs.15,000/- towards compensation and Rs.10,000/- towards litigation cost to the complainant.

The above order shall be complied by the OPs within 45 days from the date of receipt/knowledge of the order, otherwise the said maturity amount shall carry interest @ 9% p.a. from the date of maturity to till the date of payment.      

Supply free copy of this order to both parties