Complaints filed on: 22-10-2021

                                                      Disposed on: 10-06-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.79/2021

DATED THIS THE 10^th DAY OF JUNE, 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: -

Satyanarayana.G.S,

S/o Sridhara Murthy

Aged about 65 years,

R/at “Kamala Nivasa”,

14^th Cross, Link Road,

S.S.Puram, Tumkur             

(By Sri.C.N.Hanumantharaju, Advocate)

V/s

Opposite parties:-    

1. The President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

2. The Secretary,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

3. B.N.Puttanarasareddy, Advocate, Ex-President

Present Director,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Lakshmiram building,

Behind Dwaraka Hotel, M.G. Road, Tumkur

Residing at “Siri Nilaya”,

SSMIT-Post, Bellavi-Hobli,

 (OP Nos.1 to 3- Exparte)

ORDER

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint is filed under Section 35 of Consumer Protection Act, 2019 to direct the Opposite Parties (hereinafter called as OP society) to pay Rs.2,00,000-00 with accrued interest from 9-12-2019 till payment of FD amount and further direct to pay compensation of Rs.50,000-00 towards mental agony and harassment and grant such other relief as prayed in the complaint.

2. It is the case of complainant that, the complainant had deposited Rs.2,00,000-00 on 9-12-2019 vide FD receipt No.418 in the OP society and the maturity date is on 9-1-2023. Due to treatment of his wife, the complainant has approached the requested the OP society to return the FD amount with interest, but the OP society postponed the same on one or the other reasons and efforts made by the complainant went in vain. The OP society has not made any efforts to return the FD amount with interest to the complainant. Hence, this complaint.

3. After registering the complaint, notice was issued to the OP Nos.1 to 3, but the OP Nos.1 to 2 has refused to receive the notice and not appeared before the Commission. Hence, they were placed exparte. The OP No.3 notice duly published in Samyukta Karnataka daily Kannada Newspaper but the OP No.3 has not appeared before the Commission.

4. The complainant has filed his affidavit evidence and produced xerox copy of Ex.P1/Fixed Deposit receipt Ex.P2/cancellation letter issued to OP society.

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 on the part of OP society?
2. Is complainant entitled for the reliefs sought for?

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

Point No.1: In the affirmative  

Point No.2: As per final order

REASONS

7. Point No.1 and 2: The learned counsel for the complainant submitted that the OP society has failed to return the FD amount along with accrued interest. Further the complainant in his affidavit has reiterated the averments of complaint.

8. The complainant has produced documents which are marked as Ex.P1/copy of fixed deposit receipt No.418 which have signed by the Secretary, Vice-President and President of the OP Society. This proves that the complainant has deposited Rs.2,00,000-00 on 9-12-2019 and maturity date is on 9-1-2023. Further the complainant has produced Ex.P2 which is requisition letter given to the OP society for cancelation of FD no.418 dated 9-12-2019. The OP society though received the requisition neither cancelled nor returned FD amount with accrued interest to the complainant. The OP society though they have served with notice did not come forward to challenge the case of complainant. The OP society has agreed to give interest @ 13% p.a. on FD receipt No.418 on the FD amount. Usually for premature withdrawal of FD amount, the rate of interest certainly reduced as such the complainant is entitled to claim interest @ 8% p.a. on the amount payable by the OP society as such the complainant is entitled to interest @ 8% p.a. on the amount payable by OP society. The OP society has committed deficiency of service in not returning the amount deposited by the complainant. 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.10,000=-00 and litigation cost of Rs.10,000-000. Accordingly, we proceed to pass the following.

ORDER

The complaint filed by the complainant is partly allowed.

The OP Nos.1 to 3 are jointly and severally directed to pay Rs.2,00,000-00 (Rs.Two lakhs) to the complainant with interest @ 8% p.a. from the date of deposit i.e. on 9-12-2019 till the date of payment.

It is further ordered that the OP Nos.1 to 3 are  jointly and severally shall liable to pay litigation cost of Rs.10,000=00 and compensation of Rs.10,000=00 to the complainant.

This order is to be complied by the OP Nos.1 to 3 within 30 days from the date of receipt/knowledge of the order. Otherwise, it carries interest @ 9% per annum.

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 10^th day of June, 2022).

LADY MEMBER                      MEMBER             PRESIDENT