State Consumer Disputes Redressal Commission
The State Bank Of India Employees Co-Op. ... vs Acche Lal Son Of Mehandi Thakur on 29 September, 2009
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
SCO NOS.3009-12, SECTOR 22-D, CHANDIGARH.
First Appeal No.1253 of 2004
Date of institution: 12.10.2004
Date of decision : 29.09.2009
The State Bank of India Employees Co-op. Urban and Salary Earners Thrift &
Credit Society Ltd., Bathinda now named as the Adarsh Employees Co-op. Urban
Salary Earners Thrift & Credit Society Ltd., Bathinda through S.Harcharan Singh
(Inspector Co-Op. Societies P.A.D.B. Bathinda).
.....Appellants
Versus
1. Acche Lal son of Mehandi Thakur;
2. Laxmi Devi w/o Acche Lal;
Both residents of House No.291-15, Gali No.4, Janta Nagar, Bathinda.
.....Respondents
First Appeal against the order dated 03.09.2004
passed by the District Consumer Disputes
Redressal Forum, Bathinda.
Before:-
Hon'ble Mr.Justice S.N.Aggarwal, President
Lt.Col. Darshan Singh (Retd.), Member
Present:-
For the appellants : Sh.Suresh Singla, Advocate For the respondent : Sh.Binderjit Singh, Advocate JUSTICE S.N.AGGARWAL, PRESIDENT This order will dispose of the following 7 appeals as the questions of law and facts involved in these appeals are identical : -
S.No. FA No. Party's Name 1. 1253 of 2004 The State Bank of India Employees Co-op. Urban and
Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Acche Lal and another
2. 1254 of 2004 The State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Ram Dulari and others First Appeal No.1253 of 2004 2
3. 1255 of 2004 The State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Acche Lal and another
4. 1256 of 2004 The State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Yavinder
5. 1257 of 2004 The State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Pyare Lal
6. 1258 of 2004 The State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Gursewak Singh and another
7. 1260 of 2004 The State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda Vs. Mahender Singh and another The facts are taken from First Appeal No.1253 of 2004 and the parties would be referred by their status in this appeal.
2. The appellant society had been making tall claims of receiving the deposits and paying interest thereon at the higher rate. Allured by these representations made by the appellants, the respondent deposited the following amounts with the appellants and the maturity value was payable after one year : -
Name FDR No. Amount Maturity Date of
& Date Value Maturity
Acche Lal 1582 Dt. 15.3.2001 62,000/- 70,060/- 15.3.2002
-do- 1588 Dt. 26.3.2001 39,560/- 44,702/- 26.3.2002
Laxmi 1587 Dt. 8.7.2001 38,420/- 43,419/- 26.3.2002
Devi
First Appeal No.1254 of 2004
Name FDR No. Amount Maturity Date of
& Date Value Maturity
Ram Dulari 1597 Dt. 15.4.2001 50,000/- 56,500/- 15.4.2002
Rekha Rani 1646 Dt. 18.7.2001 69,000/- 77,970/- 18.7.2002
First Appeal No.1253 of 2004 3
Sulekha 1669 Dt. 6.10.2001 63,840/- 71,500/- 13.9.2002
First Appeal No.1255 of 2004
Name FDR No. Amount Maturity Date of
& Date Value Maturity
Acche Lal 1584 Dt. 15.3.2001 54,000/- 61,020/- 15.3.2002
& Ram Sagar
Ram Sagar 1585 Dt. 26.3.2001 26,000/- 29,380/- 26.3.2002
First Appeal No.1256 of 2004
Name FDR No. Amount Maturity Date of
& Date Value Maturity
Yavinder 1650 Dt. 5.8.2001 67,200/- 75,930/- 5.8.2002
First Appeal No.1257 of 2004
Name FDR No. Amount Maturity Date of
& Date Value Maturity
Pyare Lal 1644 Dt. 10.7.2001 20,000/- 22,400/- 10.7.2002
First Appeal No.1258 of 2004
Name FDR No. Amount Interest Date of
& Date Maturity
Gursewak 1681 Dt. 31.10.2001 38,900/- 12% 27.9.2002
Singh (w.e.f. 27.9.2001)
Surinder 1682 Dt.3.11.2001 98,040/- 12% 3.11.2002
Pal Kaur
First Appeal No.1260 of 2004
Name FDR No. Amount Maturity Date of
& Date Value Maturity
Mahender 1674 Dt. 11.10.2001 15,000/- 16,800/- 11.10.2002
Singh
Banta Singh 1673 do do do do
First Appeal No.1253 of 2004
3. It was further pleaded that on the expiry of the maturity date, the respondents lodged the claim with the appellants but the appellants postponed the payment on one pretext or the other. The respondents learnt that the said society was suspended under the provisions of the Punjab Cooperative Societies Act, 1961 First Appeal No.1253 of 2004 4 by the Registrar Cooperative Societies, Bathida and the administrator was appointed. The respondents also learnt that the name of the society has been changed as the Adarsh Employees Cooperative Urban Salary Earners Thrift and Credit Society Limited. Alleging deficiency in service on the part of the appellant society, the respondents filed the complaint against them in the learned District Consumer Disputes Redressal Forum, Bathinda (in short "the District Forum") claiming maturity value with compensation, interest and costs.
4. The appellants filed the written statement. It was pleaded that the appellants were known as the State Bank of India Employees Co-op. Urban and Salary Earners Thrift & Credit Society Ltd., Bathinda and now they were known as the Adarsh Employees Co-op. Urban Salary Earners Thrift & Credit Society Ltd., Bathinda. There was no merger. Rather the name of the Society was changed which was the result of amendment in the bye-laws.
5. The deposit of these amounts by the respondents was admitted. But it was denied if the appellants had falsely promised to pay interest at the higher rate or if the respondents were entitled to any compensation on account of the alleged mental agony, humiliation or harassment or if they were entitled to interest @ 18% or if they were entitled to any principal amount. The amounts of the all the FDRs deposited with the appellants were only Rs.8,00,068/- but the depositor had lodged the claim for Rs.48,45,052/- which was highly excessive.
6. It was further pleaded that one Jaswinder Singh was the Secretary of the appellant Society who had embezzled the amount. The legal procedure was initiated for registration of the criminal case against him. In order to safeguard the interest of the depositors, it was recommended by the auditors that only 40% of the principal amount be paid to them. Therefore, the respondents are not entitled to any amount more than that. It was denied if there was any deficiency in service on the part of the appellants. Dismissal of the complaint was prayed.
7. Acche Lal filed his affidavits Ex.C/1 and Ex.C/7. The respondents also proved documents Ex.C/2 to Ex.c/6. On the other hand, the appellants filed First Appeal No.1253 of 2004 5 the affidavit of Surinder Mohan, Inspector as Ex.R/1 and also proved documents Ex.R/2 to Ex.R/6.
8. After considering the pleadings of the parties and the affidavits/documents produced on the file by them, the learned District forum accepted the complaint vide impugned order dated 03.09.2004 with costs of Rs.1000/- and directed the appellants to make the payment of the principal amount of the fixed deposit receipts with agreed rate of interest deposited by the respondents with interest @ 6% p.a.
9. Hence, the appeal.
10. The submission of the learned counsel for the appellants was that the appeal be accepted and the impugned judgment dated 03.09.2004 be set aside.
11. On the other hand, the submission of the learned counsel for the respondents was that there was no merit in the present appeal and the same be dismissed.
12. Record has been perused. Submissions have been considered.
13. The respondents had deposited certain amounts with the appellants for which the appellants had issued the fixed deposit receipts. Photocopies of the FDRs have been proved as Ex.C/2 to Ex.C/4. The maturity value of the amount of the fixed deposit receipts was payable after one year. The appellants failed to make this payment.
14. The appellants had admitted that the respondents had invested the amount with the appellants for which they had issued fixed deposit receipts. They are willing to make the payment of 40% of the principal amount as one Jaswinder Singh, Secretary of the Society has committed embezzlement. Therefore, the deposit of the money by the respondents with the appellants has not been disputed even by the appellants.
15. The appellants are liable to pay the maturity value on the date of the maturity. Since they have failed to do so, they are liable to pay the same. The learned District Forum has awarded interest only @ 6% p.a. which is highly First Appeal No.1253 of 2004 6 reasonable. Therefore, there is no illegality in the impugned order dated 03.09.2004.
16. There is no merit in any of these 7 appeals and, therefore, all the 7 appeals are dismissed.
17. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount of Rs.25,000/- with interest accrued thereon, if any, be remitted by the registry to the respondents in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
18. The interest on the amount of Rs.25,000/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.25,000/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
19. Remaining amount shall be paid by the appellants to the respondents without any delay.
First Appeal No.1254 of 2004
20. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount of Rs.25,000/- with interest accrued thereon, if any, be remitted by the registry to the respondents in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
21. The interest on the amount of Rs.25,000/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.25,000/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
22. Remaining amount shall be paid by the appellants to the respondents without any delay.
First Appeal No.1255 of 2004 First Appeal No.1253 of 2004 7
23. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount of Rs.25,000/- with interest accrued thereon, if any, be remitted by the registry to the respondents in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
24. The interest on the amount of Rs.25,000/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.25,000/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
25. Remaining amount shall be paid by the appellants to the respondents without any delay.
First Appeal No.1256 of 2004
26. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount of Rs.25,000/- with interest accrued thereon, if any, be remitted by the registry to the respondent by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
27. The interest on the amount of Rs.25,000/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.25,000/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
28. Remaining amount shall be paid by the appellants to the respondent without any delay.
First Appeal No.1257 of 2004
29. The appellants had deposited an amount of Rs.13,250/- with this Commission at the time of filing of the appeal. This amount of Rs.13,250/- with interest accrued thereon, if any, be remitted by the registry to the respondent by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants. First Appeal No.1253 of 2004 8
30. The interest on the amount of Rs.13,250/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.13,250/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
31. Remaining amount shall be paid by the appellants to the respondent without any delay.
First Appeal No.1258 of 2004
32. The appellants had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the appeal. This amount of Rs.25,000/- with interest accrued thereon, if any, be remitted by the registry to the respondents in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
33. The interest on the amount of Rs.25,000/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.25,000/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
34. Remaining amount shall be paid by the appellants to the respondents without any delay.
First Appeal No.1260 of 2004
35. The appellants had deposited an amount of Rs.19,300/- with this Commission at the time of filing of the appeal. This amount of Rs.19,300/- with interest accrued thereon, if any, be remitted by the registry to the respondents in equal shares by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
36. The interest on the amount of Rs.19,300/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.19,300/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank. First Appeal No.1253 of 2004 9
37. Remaining amount shall be paid by the appellants to the respondents without any delay.
38 The arguments were heard in all the 7 appeals on 25.09.2009 and the orders were reserved. Now, the order be communicated to the parties.
39. The appeals could not be decided within the statutory period due to heavy pendency of court cases.
(JUSTICE S.N.AGGARWAL) PRESIDENT (LT. COL. DARSHAN SINGH-RETD.) MEMBER September 29, 2009.
Paritosh