Karnataka

Belgaum

CC/290/2015

Sadanand D Patil - Complainant(s)

Versus

Basavaraj S Mantur. Liquidator Of Om Ganesh Cr Sou Saha Ltd - Opp.Party(s)

S V Ganachari

29 Feb 2016

ORDER

(Order dictated by Shri. B. V. Gudli, President)

:ORDER:

          The complaint has filed complaint against Opponent U/s.12 of C. P. Act alleging deficiency in service of non payment of the amount of matured F.D.Rs.

          2) Opponent appeared Inperson but not filed objection and affidavit.

          3) In support of the claim of the complaint, complainant has filed his affidavit by way of evidence and original F.D.Rs. are produced by the complainant.

          4) We have heard the arguments and perused the records.

          5) Now the point for our consideration is that whether the complaint has proved deficiency in service on the part of the opponent and entitle to the reliefs sough?

          6) Our finding on the point is partly in affirmative, for the following reasons.

::REASONS::

7) On the perusal contents of the complaint and affidavit filed by the complainant, the complainant has stated that, for the future maintenance and to solve the domestic financial problem in future he had deposited the amount in the opponents Souhard Sahakari in the form fixed deposits. The fixed deposits made by the complainant are as under:

Sl. No.	F.D.R. and A/c. No.	Date of F.D.	F.D. Amount	Date of maturity	Maturity Amount
1	2	3	4	5	6
1	21141	3/9/2010	5,834/-	3/9/2012	6,767/-
	21142	3/9/2010	23,977/-	3/9/2012	27,813/-
	21143	3/9/2010	23,977/-	3/9/2012	27,813/-

          The complainant requested the opponent to return the matured amount, inspite of that opponent went on postponing the same by assigning one or other reasons. Thereafter the opponent got issued legal notice through his counsel said notice was duly served on the opponent. Inspite of that the opponent did not return the F.D.Rs. amount to the complainant. Hence opponent committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

8) On perusal evidence affidavit of the complainant, after maturity of F.D.Rs. the opponent has not paid F.D.Rs. amount. inspite of the demands made to the O.P. has not paid the amount. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. It is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

          9) Taking in to consideration of various aspects and the decision of Hon’ble Apex Court reported in (2011) SCCR 268 and of the Hon’ble Apex Commission reported in 2013 (2) CPR 574 as well as other subsequent decisions absolutely it is just and necessary to impose cost on daily basis if order remains uncomplied within the period fixed for compliance of the order, so as to have feeling and pinch.

          10) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The Opponent represented by the Liquidator is hereby directed to pay to the complainant as order below;

 

Sl. No.	F.D.R. and A/c. No.	Date of F.D.	F.D. Amount	Date of maturity	Maturity Amount
1	2	3	4	5	6
1	21141	3/9/2010	5,834/-	3/9/2012	6,767/-
2	21142	3/9/2010	23,977/-	3/9/2012	27,813/-
3	21143	3/9/2010	23,977/-	3/9/2012	27,813/-

The matured amount to the complainant as mentioned in column No.6 with future interest at the rate of 8% p.a. from the date mentioned in column No.5 till realization of the entire amount.

          The opponent represented by the Liquidator is hereby directed to pay a sum of Rs. 2,000/- toward costs of the proceedings to the complainant.

         The Order shall be complied within 30 days from the date of the order.

         If the order is not complied within stipulated period, opponent is hereby directed to pay a Rs. 50/- per day to the complainant from the date of disobedience of order, till the order is complied.

         (Order dictated, corrected and then pronounced in the open Forum on this 29^th day of February 2016)

Member            Member                     President

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