Date of filing: 24.06.2022

                                                               Date of Disposal:12.12.2022

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 12^th DAY OF DECEMBER, 2022

CONSUMER COMPLAINT NO.131/2022

PRESENT:

SRI.RAJU K.S.

SMT.REKHA SAYANNAVAR:MEMBER

Sri Venkatesh Narasimah Iyengar

No.2, V.Raj Fortuna

FF1, I Main, I Cross

80 Feet road, Mallathhalli

Bangalore 560 056

Mob: 9945583025…COMPLAINANT

(Complainant – Sri Premanath TN Adv.)

The Chief Executive Officer

Sir M.Visveswvaraya coop Bank Ltd.,

Corporate Office

N.109, Shankarmutt road

Bangalore 560 004

Represented by the

Chief Executive Officer…      OPPOSITE PARTY

(Opposite party – exparte)

//JUDGEMENT//

BY SRI.SHIVARAMA K, PRESIDENT

The complainant has filed this complaint U/s 35 of the Consumer Protection Act, 2019 seeking for direction to the opposite party to pay Rs.30,650-  with interest at 12% per annum for 19 months of Rs.5,800/-, compensation of Rs.5,000/- and litigation expenses of Rs.5,000/- altogether  amounting to Rs. 46,450/-.

2.     Initially, complainant has filed the complaint as party in person. Subsequently he got appointed an advocate to appear and conduct the case on behalf of him.  Inspite of notice been served on the Opposite party, Opposite party remained absent. 

3.      It is the case of the complainant that he owned a flat No.B5-319, RMV Clusters, Phase-I, Lottegollahalli, Bangalore along with his late wife Shamanthakamni, his son Jagannathan Venkatesh.  Further he has borrowed loan in three types in totally sum of Rs.14,63,000/-. Further the complainant being not able to repay the loan promptly he had sold the flat and he repaid the entire loan in one slot on 01.12.2020. Further he has paid share capital amount of Rs.30,650/-  and at the time of full and final settlement of three loans on 01.12.2020 the complainant lodge a claim for the refund of the said share capital amount inspite of repeated requests being made by the complainant to Opposite party bank, the Opposite party did not settle the claim. Hence complaint came to be filed.

4. To prove the case, the complainant (PW1) has filed affidavit in the form of his evidence in chief and got marked EX.P1 to P4 documents. 

 5. The points that would arise for consideration are as under:

i) Whether the complainant proves that the deficiency of service on the part of the opposite party ?

    ii) Whether the complainant is entitled for the  

         claim as sought ?

     iii) What order ?

  6.   Our findings on the aforesaid points are as follows:

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative    

Point No.3 :  As per the final order for the following;

REASONS

7. POINT NO.1 & 2:- The complainant (PW1) has reiterated the fact stated in the complaint, in the affidavit filed in the form of his evidence in chief.  It is the contention of the complainant he has settled the loan in full on 01.12.2020 in support of the same he has produced Ex P1 letter dated 08.12.2020 issued by Opposite party. Ex P2 letter dated 11.01.2022 given by the complainant to Opposite party seeking for cancellation of the membership with opposite party. Ex P3 is the computer down load email conversations dated 19.06.2021, 27.07.2021 and 23.01.2022. In the email dated 27.07.2021 sent addressed to the complainant by the Opposite party, it is stated that the Opposite party would definitely refund the share amount.  Ex P4 is the copy of the Statement of account dated 05.09.2022 issued by the Opposite party.  According to the PW-1 after receipt of notice by the Opposite party to this commission, Opposite party deposited a sum of Rs.30,650/- on 16.07.2022.

8.   The above oral and documentary evidence challenged by the Opposite party. Since the Opposite party did not refund the share capital, immediately after settlement of the loan on 01.12.2020, had refunded only 16.07.2022. Hence there is deficiency of service on the part of Opposite party.

9.   Since the Opposite party had paid the share capital amount of Rs.30,650/-, the complainant is not entitle for direction to refund the said amount. The complainant claimed interest  at the rate of 12% per annum for 19 months and compensation. The complainant did not produce any documents to substantiate that the Opposite Party had agreed to pay interest at the rate of 12% per annum, the Opposite party ought to have settle the claim on 01.12.2020 that were since there was a delay in refunding the same the complainant is entitle for the interest.  We feel interest at the rate of 9% per annum would suffice.  Hence the complainant is entitled interest @ 9% per annum from 01.12.2020 till 16.07.2022.  Further, the complainant is entitle for a sum of Rs.3,000/- towards mental agony caused and Rs.5,000/- towards litigation cost.  Accordingly, we answer Point No.1 in affirmative and Point No.2 partly in affirmative. 

10. POINT NO.3:-  In view of the discussion made above, we proceed to pass the following;

The complaint is allowed in part.

The opposite party is directed to pay interest on the amount of rs.30,640/- at the rate of 9% per annum from 01.12.2020 till 16.07.2022 to the complainant.

Further, the opposite party is directed to pay a sum of Rs.3,000/- towards mental agony suffered and a sum of Rs.5,000/- towards litigation cost to the complainant. 

The opposite party shall comply the order within 30 days. In case, the opposite party fails to comply the order within the said period, the above said amount carries interest at the rate of 9% per annum from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 12^th day of December, 2022)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

Witness examined for the complainant’s side:

Sri. Venkatesh Narasimha Iyengar, the Complainant has filed his affidavit.

Documents marked for the complainant side:

1. Letter of NOC dt.08.12.2020 issued by Opposite party.
2. Letter dt.11.01.2022 for withdrawal of shares given by complainant to Opposite party.
3. Computer downloaded email conversation dt.19.01.2021, 23.01.2022 and 20.07.2021.
4. Copy of the statement of account dt.05.09.2022 issued by Opposite party.

Witness examined for the opposite party side: 

-NIL-

Documents marked for the Opposite Party side:

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•