Complaints filed on: 19-04-2021

                                                      Disposed on: 28-02-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.38/2021

DATED THIS THE 28^th DAY OF FEBRUARY, 2022

PRESENT

SRI.KUMARA.N, B.Sc.(Agri), MBA, L.L.B, PRESIDENT (I/c)

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

Complainant: -

M.Sudheendra Kumar

S/o Muthappa

Aged about 43 years,

R/at Don Bosco School Road, D.M.Palya, Ward No.1,

Tumakuru city, Tumakuru           

(By Sri.B.J.Sanmathi Kumar, Advocate)

V/s

Opposite parties:-    

1. The Secretary,

Sri Vinayaka Souharda Pattina Sahakari Niyamitha, Upstair Lakshmiram building, MG Road, Tumkur

2. The President

Sri Vinayaka Souharda Pattina Sahakari Niyamitha,

Upstair Lakshmiram building, MG Road, Tumkur

 (OP Nos.1 t& 2- Exparte)

ORDER

SMT.NIVEDITA RAVISH, LADY MEMBER

This complaint was filed under Section 35 of Consumer Protection Act, 2019 to direct the Opposite Parties to return the fixed deposit amount of Rs.1,00,000-00 and further direct to pay compensation of Rs.50,000-00 as damages and mental agony and grant such other relief as deemed fit.

2. It is the case of complainant that on 4-1-2019 and 21-1-2019 the complainant deposited Rs.50,000-00 and Rs.50,000-00 as two fixed deposits bearing Nos.390 and 395 respectively in the OP society and the said deposits were matured on 4-1-2021 and 21-1-2021 respectively. After maturity of the FD bonds, the complainant has approached the OP society for return the FD amount with accrued interest, but the OPs had given evasive answer. The acts of OP society not return the said FD amount leads to deficiency of service and negligence. Thereafter, the complainant issued legal notice to the OPs through his counsel on 18-12-2020 calling upon them to return FD amount with accrued interest. The OP society has failed to return the FD amount with accrued interest, in spite issued legal notice hence, this complaint.

3. After registering the complaint, notice issued to the OP Nos.1 and 2, but OPs have refused to receive the notice hence, they have placed exparte.

4. The complainant filed his affidavit and produced five documents which were marked as Exs.P1 to P5.

5. We 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 interest after the maturity date?
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,

                             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 his affidavit has reiterated the averments of complaint.

8. The complainant has produced documents which were marked as Exs.P1 and P2/copies of fixed deposit receipts bearing No.390 and 395 which were signed by the Secretary, Vice-President and President of the OP Society, which proves that the complainant has deposited Rs.50,000-000, Rs.5,000-00 on 4-1-2019, 21-1-2019 and maturity date were 4-1-2021 and 21-1-2021 respectively. Further the complainant has produced Ex.P3 which was copy of legal notice dated 18-12-2020 served to the OP society to return the FD amount and Exs.P4 and P5 were postal receipt and postal acknowledgement. The OPs though have served with notice did not responded nor returned the said FD amount with accrued interest. The OPs have agreed to give interest @ 10% p.a. on the FD 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 amount deposited by the complainant. The OPs have compelled the complainant to approach this Commission thereby he suffered mental agony and for that the OPs 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 is partly allowed with costs.

The OP Nos.1 and 2 are jointly and severally directed to pay Rs.50,000-00 and Rs.50,000-00 to the complainant with interest @ 8% p.a. from 4-1-2019 and 21-1-2019 respectively till the date of payment.

It is further ordered that the OP Nos.1 and 2 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 within 45 days from the date of this order. Otherwise, it carries interest at the rate of 8% 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 28^th day of February, 2022).

LADY MEMBER                                PRESIDENT (I/c)