Complaint filed on: 24-12-2021

                                                      Disposed on: 18-03-2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

CC.No.91/2021

DATED THIS THE 18^th DAY OF MARCH, 2022

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LL.M., PRESIDENT

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

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

Complainant: -

Sri.Shivakumar.T

S/o Thimmegowda

Aged about 64 years,

Retired Government Employee

R/o Vishwanna Layout,

Shanthinagara,

Tumakuru city

(By Sri.G.K.Srinivasa, Advocate)

V/s

Opposite parties:-

1. The Manager/

Chief Executive Officer,

Sri Sri Uddaneshwara Souharda Credit Co-Operative Society Ltd.

Opp. State Bank of India,

Town Police Station Road,

Church circle, Tumkur city

2. The President,

Sri.G.S.Shivakumar

Sri Sri Uddaneshwara Souharda Credit Co-Operative Society Ltd.

Opp. State Bank of India,

Town Police Station Road,

Church circle, Tumkur city

And also available at

Sri.G.S.Shivakumar

President of Sri Sri Uddaneshwara Credit Co-operative Society Ltd,

Ex.Zilla Panchayath member, Gulur village, Gulur hobli, Tumakuru

Taluk

(OP No.1 and 2- Exparte)

ORDER

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

        This complaint was filed under Section 35 of the Consumer Protection Act, 2019 to direct the opposite parties (hereinafter called as OP society) to pay the amount of FD i.e. Rs.1,37,500-00 with interest @ 18% per annum from the date of maturity till its realization of entire amount along with Rs.2,00,000.00  towards deficiency and negligent act.

2. It is the case of complainant that on 14-11-2018 the complainant deposited Rs.1,00,000-00 under fixed deposit receipt bearing No.0341 in the OP society and the said deposit was matured on 14-11-2021 and maturity amount was Rs.1,37,500-00. After the maturity of the FD receipt, the complainant has approached the OP society for return the FD receipt amount with accrued interest, but the OP society had given evasive answer. Thereafter, the complainant issued legal notice to the OP society through his counsel on 19-11-2021 calling upon the OPs to return FD receipt amount along with interest. The OP society has failed to return the FD receipt amount along with interest, in spite of issued legal notice hence, this complaint.

          3. After registering the complaint notice was issued to the OPs, but the OP Nos.1 and 2 did not appear before the Commission hence, they were proceeded exparte.

          4. The Complainant filed his affidavit in lieu of evidence and produced documents in support of his case.  

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

1)      Whether the complainant proves that the act of OP society not returning the matured FD receipt amount, amounts to deficiency in service?

2)      Is complainant entitled to the reliefs sought for?  

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

Point No.1: In the affirmative.

Point No.2: In the partly affirmative for the   

                   below

REASONS

7. Point No.1 and 2: The complainant has submitted that though he has requested the OP society to return the matured FD receipt amount Rs.1,37,500=00 orally as well as writing, but the OP society did not care to return the FD receipt matured amount with interest. Further, the complainant in his affidavit has reiterated the averments of complaint.

8. To prove the case, the complainant has produced copy of Aadhar card, OP society pamphlet, legal notice dated 17/19-11-2021 issued to OP society, reply notice of OP and postal receipts.  Further the complainant has produced the copy of Uddana Nidhi Deposit Receipt bearing No.0341 dated 14-11-2018 for Rs.1,00,000.00 issued in the name of complainant and maturity date was 14-11-2021, which proves that the complainant deposited said FD in OP society. The OP society is running finance transaction by collecting deposits from the public including complainant. It was the obligation on the part of OP society to return the FD receipt amount immediately after maturity or on the demand made by the complainant. Therefore, even after the expiry of maturity date, the act of OP society not paying the maturity amount of FD receipt amount of Rs.1,37,500.00,  which amounts to deficiency in service. The OP society has compelled the complainant to approach this Commission thereby he suffered mental agony and for that the OP society shall pay compensation of Rs.3,000-00 and litigation cost of Rs.5,000-00 to the complainant. In the result, we proceed to pass the following;

ORDER

The complaint is allowed directing the OP Nos.1 and 2 jointly and severely to pay a sum of Rs.1,37,300.00 to the complainant with interest at the rate of 8% per annum from the date maturity i.e. 14-11-2021 till the date of payment.

          It is further ordered that the OP Nos.1 and 2 shall pay Rs.3,000=00 as compensation and litigation cost of Rs.5,000=00 to the complainant within 45 days from the date of this order, otherwise it carries interest at the rate of 9% per annum from the date of complaint till payment.

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and pronounced in the Open Commission on this the 18^th day of March, 2022).

LADY MEMBER            MEMBER                      PRESIDENT