State Consumer Disputes Redressal Commission
The Joint Registrar, Co.Operative ... vs Angammal, W/O.Chinnappa Gounder, ... on 4 October, 2013
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Thiru J. Jayaram, M.A., M.L. PRESIDING JUDICIAL MEMBER
Thiru S. Sambandam, B.Sc., MEMBER F.A. No. 1036 / 2011 (Against Order in C.C.70/2008 on the file of the DCDRF, Namakkal) Dated this the 04th day of OCTOBER, 2013
1. The Joint Registrar, ] Co-operative Societies, ] Collectorate Campus, ] Namakkal District ] ]
2. The Deputy Registrar of ] Co-operative Societies, ] Tiruchengode Range, ] Velur Road, ] Tiruchengode, ] Namakkal ] Appellants / Opposite Parties ]
3. The Special Officer, ] Anangoor Primary Agricultural ] Cooperative Bank, Anangoor, ] K. Iyampalayam Post, ] Jedarpalayam Via, ] Paramathi Velur Taluk, ] Namakkal District ] Vs Angammal, ] W/o Chinnappa Gounder, ] Pagampalayam, Anangoor, ] K. Iyampalayam Post, ] Jedarpalayam Via, ] Respondent / Complainant Paramathi Velur Taluk, ] Namakkal District ] This appeal coming before us for final hearing on 01.10.2013 and on hearing the arguments of both sides and upon perusing the material records, this Commission made the following Order:
Counsel for Appellants/Opposite Parties: Mr. N. Thiagarajan Counsel for Respondent/Complainant: Mr. N. Manoharan J. JAYARAM, JUDICIAL MEMBER This appeal is filed by the opposite parties against the order of the District Consumer Disputes Redressal Forum, Namakkal in C.C.70/2008, dated 22-02-2011, allowing the complaint.
2. The case of the complainant is that she deposited a sum of Rs.70,000/- with the 3rd opposite party on 15-04-2005 and the maturity date is 15-04-2006 and after the maturity, the 3rd opposite party did not pay the amount, and this amounts to deficiency in service on the part of the opposite parties. Hence the complaint praying for direction to the opposite parties to pay the balance amount of the deposited amount deducting therefrom the loan amount of Rs.15,000/- with interest at the rate of 24% and to pay a sum of Rs.1,15,000/- and a sum of Rs.10,000/- for loss and hardship and to pay costs of Rs.5,000/-.
3. According to the opposite parties, there is no dispute regarding the amount deposited by the complainants and the loan availed by the complainant, but the Secretary of the opposite party bank and some staff indulged in malpractices and misappropriation and so they could not return the amount and there is no deficiency on their part.
4. The District Forum allowed the complaint with costs holding that there is deficiency in service on their part. Aggrieved by this impugned order, the opposite parties have preferred this appeal.
5. It is pertinent to note that the appellants / opposite parties have admitted the averments in the complaint and according to them, the respondent / complainant deposited a sum of Rs.70,000/- on 15-04-2005 and subsequently she availed a loan of Rs.15,000/- from the 3rd opposite party on 22-09-2005, and admittedly as on 15-04-2006 the amount payable to the complainant by the opposite parties is Rs.59,119/- and the amount was not returned even after the maturity of the deposited amount. This amounts to deficiency in service on their part.
6. The opposite parties counsel argued urging that the opposite parties 1&2 are not liable for deficiency in service; and that interest awarded by the District Forum is excessive; and that the compensation of Rs.4,000/- awarded for mental agony may not be awarded. It is relevant to note that opposite parties 1&2 are the controlling and supervising authorities of the 3rd opposite party and therefore we hold that opposite parties 1 to 3 are liable jointly and severally.
7. The District Forum allowed the complaint holding that there is deficiency in service on the part of the opposite parties and has passed an order directing the opposite parties to return the sum of Rs.59,119/-, with interest at the rate of 12 % p.a. from the date of maturity i.e. 15-4-2006 till the date of payment and to pay a sum of Rs.4,000/- towards compensation for mental agony with interest at the rate of 6% p.a. till the date of the order and to pay costs of Rs.1,500/-.
8. Having regard to the facts and circumstances of the case, we feel that interest on Rs.59,119/- at the rate of 12% p.a. is on the higher side and we are inclined to reduce the rate of interest to 9% p.a. We further feel that award of compensation of Rs.4,000/- for mental agony is unwarranted; and that the litigation costs is also on the higher side and we are inclined to reduce it to Rs.1,000/- and the order of the District Forum has to be modified accordingly.
9. In the result, the appeal is allowed in part modifying the order of the District Forum by setting aside the order and directing the appellants / opposite parties 1 to 3 to pay jointly and severally a sum of Rs.59,119/-(Rupees Fifty Nine Thousand One Hundred and Nineteen only) with interest at the rate of 9% p.a. from the date of maturity i.e. 15-04-2006 till realization and to pay costs of Rs.1,000/-. No order as to costs in the appeal.
S. SAMBANDAM J. JAYARAM MEMBER PRESIDING JUDICIAL MEMBER