Complaints filed on: 24-03-2021

                                                      Disposed on: 14-03-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.32/2021

DATED THIS THE 14^th DAY OF MARCH, 2022

PRESENT

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

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

SMT.NIVEDITA RAVISH, B.A, LLB, LADY MEMBER

Complainant: -

M.Meenakshi

W/o Jagannathacharya.H,

Aged about 50 years,

Resident of 1^st Cross,

Shivamookambika nagara,

Upparahalli, Tumakuru

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

V/s

Opposite parties:-    

1. The President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Lakshmiram building,

Behind Dwaraka Hotel,

MG Road, Tumkur

2. The Secretary,  

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, behind Dwaraka Hotel, Lakshmiram building,

Behind Dwaraka Hotel,

MG Road, Tumkur

3. B.N.Puttanarasareddy, Advocate,

Ex.President, Present Director of Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Behind Dwaraka Hotel, Lakshmiram building,

Behind Dwaraka Hotel,

MG Road, Tumkur

 (OP Nos.1 to 3- Exparte)

ORDER

SRI.KUMARA.N, MEMBER

This complaint was filed under Section 35 of Consumer Protection Act, 2019 to direct the Opposite Parties to pay Rs.50,000-00 vide FD receipt No.259, Rs.1,00,000-00 vide FD receipt No.431, Rs.65,535-00 which was deposited in the SB account of complainant and Rs.44,631-00 which was deposited in RD account no.231 in the name complainant’s son name, with accrued interest till payment, and directed to pay compensation of Rs.1,00,000-00 to the complainant towards mental agony and harassment.

2. It is the case of complainant that the complainant has opened SB account bearing No.742 and deposited Rs.50,000-00 on 14-2-2015  vide receipt no.259 in the OPs society. After maturity of the FD, the OPs voluntarily renewed the said FD on 14-4-2018. Further on 27-7-2020 the complainant has deposited. Further Rs.1,00,000-00 under FD certificate bearing no.431. The complainant opened the RD account in the name of her son by name Krupakara Vijay.J vide RD account no.231 and monthly RD Rs.2000-00 per month accordingly Rs.44,631-00 paid.  The complainant has approached the OPs to return of said FDs with interest and to close the SB account by returning the said amount Rs.65,535-00 and RD amount Rs.44,631-00 with accrued interest. The complainant approached the OP society for release of FDs, SB and RD 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 14-4-2018 calling upon them to refund FDs, SB and RD account amounts with accrued interest. The OP society failed to release the same. Hence, this complaint.

3. After registering the complaint notice issued to the OP Nos.1 to 3, but OP Nos.1 and 2 have not claimed the notice hence, they placed exparte. Further notice of OP No.3 published in Samyukta Karnataka Daily Kannada Newspaper in spite of it the OP 3 not appeared and proceeded exparte.

4. The complainant filed her affidavit and produced six documents with two original FDs receipts, one original saving account bank pass book and original RD pass book.   

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

1. Whether the complainant proves the deficiency on the part of OPs not releasing the FD amount with accrued?
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: As per final order for the below

REASONS

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

8. The complainant has produced two original fixed deposit receipts bearing No.431 and 259 which were signed by the Secretary, Vice-President and President of the OP Society, which proves that the complainant has deposited Rs.1,00,000-00 and Rs.50,000-00 on 27-07-2020 and 14-4-2015 and maturity dates were 27-7-2025 and 14-4-2018 respectively. Further the complainant produced original RD pass book bearing account no.231 and SB account bearing no.724 which were issued by the OP society. Further complainant produced copy of legal notice dated 10-3-2021 issued to the OP society along with postal acknowledgement and receipt. The OPs though have served with notice did not respond nor returned FDs, SB and RD accounts amount with accrued interest. The OPs have agreed to give interest @ 12% p.a. on the FDs amount. At present bank rate of interest has come down as such the complainant is entitled to interest @ 8% p.a. on the amount payable by OPs. The OPs have committed deficiency of service in not returning the FDs. RD and SB accounts amount, which were deposited by the complainant. The OPs have compelled the complainant to approach this Commission thereby she suffered mental agony and for that the OPs shall pay compensation of Rs.5,000=00 and litigation cost of Rs.10-000-000. Accordingly, we proceed to pass the following.

ORDER

The complaint is partly allowed with costs.

The OP Nos.1 to 3 are jointly and severally directed to pay Rs.50,000-00 and Rs.1,00,000-00 (FD receipt No.259 and FD receipt no.431) to the complainant with interest @ 8% p.a. from 27-7-2020 and 14-04-2015 respectively till the date of payment.

The OP Nos.1 to 3 are jointly and severally directed to pay Rs.65,535-00 and Rs.44,631-00 (SB account bearing No.724 and RD account bearing no.231) to the complainant with interest @ 6.5% p.a. from 30-11-2020 and 28-2-2020  respectively 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.5,000=00 to the complainant within 45 days from the date of this order. Otherwise, it carries interest at the rate of 10% per annum from the date of filing complaint till the date of realization.

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

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 14^th day of March, 2022).

LADY MEMBER            MEMBER                       PRESIDENT