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2011(2) CPR 135
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HYDERABAD
D. Appa Rao, President and Mrs. M. Shreesha, Member
Shivraj M. Girglani & Ors. —Complainant
versus
Telegraph Traffic Employees
Co-operative —Opposite Party
C.C. No. 10 of 2010
Decided on 22.11.2010
Counsel for the Parties:
For the Complainant:Mr. K. Parandhamachari, Advocate.
For the Opposite Party:Mr. N. Rajeswar Rao, Advocate.
IMPORTANT POINT
Consumer Commission/Fora have jurisdiction to entertain complaint against co-operative society.
Headnote:Consumer Protection Act, 1986—Sections 2(1)(g),2(1)(o) and 17—APCS,1 964—Section 66—Co-operatives—Fixed Deposit—Non-refund of principal amount and interest—Consumer Commission/Fora have jurisdiction to entertain this complaint in absence of any specific stay from High Court—Opposite Party directed to pay principal amount as evidenced under Fixed Deposit and interest and compensation would be payable subject to orders of High Court. (Paras 13, 21 and 22)
Mrs. M. Shreesha, Member—The complainant No.1, Shivrj M. Girglani was authorized to file this case on behalf of himself and his family members. He submitted that himself and his family members i.e. complainants 2 to 4 deposited their hard earned earning in different denominations in the opposite party co-op. society at varied rates of interest with maturity period of one year each as follows:
S. No. Name FD. No. Date Amount Rs.
1. Sri. Shivaj M. Girglani 2369 31.12.2003 2,00,000
2. Sri Shivraj M. Girglani 3024 1.6.2003 1,00,000
3. Sri Shivraj M. Girglani 0762 7.11.2005 5,00,000
4. Sri Shivraj M. Girglani 1203 1.2.2006 5,00,000
5. Sri Shivraj M. Girglani 2117 22.5.2006 3,00,000
6. Sri Shivraj M. Girglani 4436 2.11.2007 1,00,000
7. Smt. Gunwanti M. Girglani 2733 5.4.2004 2,00,000
8. Smt. Gunwanti M. Girglani 0761 7.11.2005 5,00,000
9. Smt. Gunwanti M. Girglani 1202 1.2.2006 5,00,000
10. Ms. Hira Kartak Dalwani 0956 27.12.2005 2,00,000
11. Smt. Devika Girglani 4163 5.6.2007 2,00,000
Total Rs. 33,50,000
2. The first complainant submitted that before depositing his money with the society, he enquired with the Person Incharge/Special Officer. of the society whether there is any restriction about accepting of deposits from Non-Members of the society and the officer assured that there is no such rule or restriction and whoever is interested in getting higher rate of interest on their deposits can deposit the money. As promised the opposite party society paid the interest mentioned in the fixed deposits to complainants 1 to 4 on their deposits upto August, 2008 and the same has been noted on the overleaf of each FD deposit. Complainant No. 1 submitted that he went to the opposite party and requested for payment of the accrued interest but it was postponed time and therefore he complained with other depositors to the Registrar of Co-op. society and also to Deputy Commissioner of Police. The action initiated by the Registrar of the Co-operative Societies is slow and trying to satisfy the depositors by superseding the earlier society and transferring the power and authority into the hands of present body by enacting a special Government Order 1229 dated 8.10.2009. It is the case of the complainant that the Government or police are not taking any effective steps to save the depositors and that they are running from pillar to post and that the opposite party society is liable to pay the following amount:
S. F.D. No. Principle Rate of From To Total
No. Rs. Interest Amount
1. 2369 2,00,000 15% 1.9.2008 31.1.2010 42,500
2. 3024 1,00,000 15% 1.9.2008 31.1.2010 21,250
3. 0762 5,00,000 13% 1.9.2008 31.1.2010 92,083
4. 1203 5,00,000 13% 1.9.2008 31.1.2010 92,083
5. 2117 3,00,000 13% 1.9.2008 31.1.2010 55,250
6. 4436 1,00,000 14% 1.9.2008 31.1.2010 19,833
7. 2733 2,00,000 15% 1.9.2008 31.1.2010 42,500
8. 0761 5,00,000 13% 1.9.2008 31.1.2010 92,083
9. 1202 5,00,000 13% 1.9.2008 31.1.2010 92,083
10. 0956 2,00,000 13% 1.9.2008 31.1.2010 46,042
11. 4163 2,00,000 12% 1.9.2008 31.1.2010 34,000
Total Rs. 33,50,000 - - - 6,29,707
(a) Principal Amount of Rs. 33,50,000
(b) Total interest on all F.Ds. Rs. 6,29,707
(c) Principal + Interest Rs. 39,79,707
(d) Damages Rs. 2,50,000
Total Rs. 42,29,707
3. The complainant No.1 submitted that inspite of repeated demands for payment of the deposits, opposite party neither refunded principal amount nor the accrued interest thereon and hence approached this Commission for a direction to the opposite party to pay Rs. 42,29,707 together with damages of Rs. 2,00,000 for mental agony and costs of the complaint.
4. Opposite party filed its counter statement denying the allegations made in the complaint. It submitted that the complaint is filed by complainants 1 to 4 against the opposite party claiming that they deposited Rs. 33,50,000 by way of F.DRs. from 31.12.2003 to 2.11.2007 and the same was not refunded on its maturity and sought for refund of the amount alongwi
