State Consumer Disputes Redressal Commission
Subbalakshmi, vs Sree Kanvasouharda Co-Operative ... on 24 May, 2022
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/908/2022 ( Date of Filing : 24 Mar 2022 ) (Arisen out of Order Dated 10/02/2022 in Case No. Complaint Case No. CC/35/2022 of District Bangalore Urban) 1. Subbalakshmi, W/o Sreekantaiah. Aged about 83 years, Residing at No.109, DevadattaBhimajyothi LIC Colony, Basaveshwara Nagar, Bengaluru 560079.
...........Appellant(s) Versus 1. SREE KANVASOUHARDA CO-OPERATIVE CREDIT LIMITED No. 861, Kanva Sri Sai Complex, Opp. Modi Hospital Road, Rajajinagar, Bengaluru- 560086.
Represented by its Founder- President and Director, SRI NANJUNDAIAH N Aged about 48 Years, S/o late Narayanappa,
2. SRI NANJUNDAIAH N, Aged about 48 Years, s/o late Narayanappa, Founder- President and Director, SreeKanvaSouharda Co-operative Credit Limited, R/at. A-408, 4th Floor, A-Wing, Andromeda Brigade Gateway, Ward No. 9, Raja 3. SRI. HARISH S, Aged about 40 years, s/o Seetharamaiah, President, SreeKanvaSouharda Co-operative Credit Limited, R/at. 465, Janatha Colony, Bannerghatta, Bengaluru -560083
4. SRI. SIDDE GOWDA, Major in age, fathers name not known, Vice President and Director, SreeKanvaSouharda Co-operative Credit Limited, R/at. 16, 2nd Floor, 11th A Cross, Thimmaiah Garden, R T Nagar, Bengaluru- 560032.
5. SRI. LINGARAJU, Major in age, s/o Gurusiddappa, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.176, Flat No. T.2, M.S Enclave, 11th Cross, 4th Main, B E L Layout, 1st Block Vidyaranyapura, Bengaluru- 6. SRI. RAMMURTHY M P Major in age, s/o Papanna, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.20, 2nd Cross, 3rd Block, 1st Stage, Near A M D Suvarna Layout, Nagarbhavi, Bengaluru- 560072.
7. SRI. LAKSHMINARAYANA Major in age, s/o Pullappa, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.1, Mantapa Village, Bannerghatta Post, Bengaluru- 560083
8. SMT. YASHODA GOVINDAPPA Major in age, w/o Govindappa, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.165, Janatha Colony, Nobel Convent, Bannerghatta, Bengaluru- 560083
9. SRI. ALEX PINTO Aged about 38 Years, s/o Late Raju, Director, SreeKanvaSouharda Co-operative Credit Limited, R/ at.18, KanvaNilaya 2nd B Main, Canara Bank Colony, MoodalaPalya, BBMP Ward-127, Byraveshwara Nagar, Ben 10. SRI. VIJAYA KUMAR K.R Major in age, Director, SreeKanvaSouharda Co-operative Credit Limited, c/oRamreddy K.C , Kanva Public School, R/at.146, Kanva Nagar, Danojipalya, Nelamangala, Bengaluru- 562123.
11. SRI. RAJU K, Major in age, s/o Rudrappa, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.475/A, 28th Main, 13th Cross, J P Nagar, 1st Stage, Bengaluru- 560078
12. SRI. MAHADEVAIAH H N, Major in age, fathers name not known, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.135, 4th Cross, S.R. Road, Near Gadi Ramakrishnas House, V V Extension, Hoskote, Bengaluru- 562114 13. SRI. LOHIT B, Major in age, s/o Boraiah, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.31, SiddeshwaraNilaya, 8th Main, Byraveshwara Nagar, Nagarbhavi Main Road, Bengaluru- 560072
14. SRI. SATHYANARAYANA V Aged about 65 years, Fathers name not known, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.23, Vaikunta, SapthagiriExtn (Behind Janatha Colony), ShettihalliMain Road,Tumakuru 572102 15. SMT. GOVINDAMMA LAKSHMI, Major in age, w/o Narayanaswamy, Director, SreeKanvaSouharda Co-operative Credit Limited, R/at.125, VinayakaNagara, 5th Cross, SowmyashreeNilaya, Near M V Extension, Hoskote, Bengaluru Rural- 562114 16. SRI. PRASHANTH KUMAR H.DAged about 34 Years, s/o Hoovappa, Chief Executive Officer, SreeKanvaSouharda Co-operative Credit Limited, R/ at. 98, Yashas, ChikkaBidarakallu, Opp: Parle-G Factory, Buddha Jyothi Layout, Nagasandra, Bengaluru-560073.
M: 9743556062 / 8431888845 / 91645922 ...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 24 May 2022 Final Order / Judgement 24.05.2022 ORDER ON ADMISSION MR. RAVISHANKAR, JUDICIAL MEMBER
1. The appellant/complainant has preferred this appeal being aggrieved by the Order dt.10.02.2012 passed in CC.No.35/2022 on the file of Bangalore Urban District Consumer Disputes Redressal Commission, Bangalore.
2. The brief facts of the case are as hereunder;
It is the case of the complainant that she deposited a certain amount before the Opposite Party credit cooperative limited as per the advertisement given by the Opposite Party. The amount was matured and the complainant requested for payment of the FD amount along with accrued interest, but, the Opposite Parties for one or the other reason not refunded the amount. Hence, the complainant alleged deficiency in service and filed the complaint before the District Commission for payment of the matured amount. After hearing on admission, the District Commission rejected the complaint and directed the complainant to approach the Karnataka Protection of Interest of Depositors in Financial Establishments Authority though the District Commission have a jurisdiction to entertain the complaint.
3. Aggrieved by the said order, the appellant/ complainant filed this appeal and prayed to set aside the order passed by the District Commission on admission and directed to entertain the complaint and adjudicate the matter in accordance with the provisions of Consumer Protection Act, 2019. Heard advocate for appellant on admission.
4. On going through the memorandum of appeal, certified copy of the order passed by the District Commission, we noticed that the complainant has made Fixed Deposit with the Opposite Parties in order to earn interest as assured for a particular period. After maturity, the Opposite Parties one or the other reason not paid the matured amount with accrued interest for which alleged unfair trade practice and deficiency in service and filed the complaint before the District Commission. The District Commission after hearing the complainant's side, returned the complaint by suggesting the complainant to approach the authority established in the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 and observed that the if the complainant approached the said authority, the matter can be disposed expeditiously and also observed that if the proceedings continued in this Commission, it takes more time than the simplify procedure under the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004. They also referred Sec.100 of the Consumer Protection Act, 2019 which clearly says that the Consumer Protection Act, 2019 is not derogation of any other law for the time being in course basing on the said complaint filed by the complainant are well within the provisions of the Consumer Protection Act, 2019 are maintainable.
5. We are of the opinion that the District Commission has not applied its judicious mind in considering the matter at the time of admission. The District Commission would have adjudicated the matter expeditiously rather than suggesting the complainant to approach the said authority by considering the age of the complainant. We noticed here that the complainants are senior citizens and the District Commission ought to admit the complaint and have to decide the matter expeditiously. Instead of that, they have returned the complaint and dictated the complainant to approach the Karnataka Protection of Interest of Depositors in Financial Establishments Authority which is bad in law. Hence, the following;
ORDER The appeal is allowed.
The matter is remanded back to the District Commission by directing the District Commission to adjudicate the matter on merits expeditiously by giving top priority as the complainant is a senior citizen.
Forward free copies to both parties.
Sd/- Sd/- MEMBER JUDICIAL MEMBER KCS* [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER