IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 24^th day of August 2016

Complaint Nos.98, 99, 100 & 101 /2016

Present:            1) Shri. B.V.Gudli,                     President

                        2) Shri. V.S. Gotakhindi,            Member

                        3) Smt.Sunita                            Member

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Complainants:

Sou Roopa Shivaji Mandolkar,

Age: 47 years, Occ: Private Work,

R/o: M Phule Galli Vadgaon, Belgaum.

In CC 98/2016 & 99/2016

                  Shri. Shivaji Fakira Mandolkar,

Age: 56years, Occ: Private Work,

R/o: M Phule Galli Vadgaon,

Belgaum.

In CC 100/2016

                  Shri. Mahesh Shivaji Mandolkar,

Age: 26years, Occ: Private Work,

R/o: M Phule Galli Vadgaon,

Belgaum.

In CC 101/2016

                             (By Shri. R.G.Masekar, Advocate)

                                                          V/s.

Opponents:

Chairman,

Ashok N Bandodekar,

Shri Siddivinayak Co-Op Credit Society Ltd.,

Patil Galli Yellur Road near Mahesh Garage,

Vadgaon, Belgaum.

 (O.P is placed ex-parte,)

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

COMMON ORDER

            I. The complainant/s are of  same family, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complaints. In all the cases the O.P. society is same, represented by Chairman. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 4 cases and same complainant and having same address and particulars of his deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular cases only will be shown in the cause title and the details of the deposits will be shown separately in the annexure.

          1) The relevant facts of the cases are that the complainant has filed the complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the fixed deposits/deposit.

          2) In-spite of service of notice O.P. remained absent. Hence placed ex-parte.

          3) In support of the claim in the complaint, complainant has filed affidavit 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 complainant has proved deficiency in service on the part of the O.P. and entitled to the reliefs sought?

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

:: R E A S O N S ::

          7) On perusal contents of the complainant and affidavit filed by the complainant. The opponent Co-Op Credit Society had offered to pay the better rate of interest and as such the complainant had invested the money in form fixed deposit scheme. They have deposited the following sum with opponents details are as below;

          8) The complainant/s further states that in Compt No.99/2016 the complainant has deposited an amount of Rs.10000/- in respect of FDR No.292 on 18/12/2008 with the OP society for a period of 72 months and the amount of maturity is Rs.20,000/-, the double amount of the deposit. The complainant/s further states that the FDRs came to be renewed from time to time from the date of deposit.

9)      After maturity the complainant/s approached the OPs on 26/12/2012 and requested for the encashment of said FDRs, but the OPs have informed the complainant/s but the opponents went on postponing the same by assigning reasons. Hence opponent committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

         10) Lastly fed up with the opponents behavior  complainant/s had issued legal notice through his advocate on 03/10/2015 calling upon the opponents for the immediate release of matured FDR amount but, the O.Ps. have not received the notice and the same was returned back with an endorsement as not claimed. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

11) On perusal evidence affidavit of the complainant/s, after maturity of F.D.R/s. the opponents have not paid F.D.R/s. amount. Hence, the claim of the complainant/s that inspite of the demands made the amount remained unpaid, has to be believed and accepted. Inspite of service of notice the OP failed to appear before the forum. Hence they have been placed as exparte. We have perused the FDR receipts wherein on the hind side of the FDRs we notice that except the FDR bearing Nos.265 & 292, the complainant/s has in other FDRs received the interest from 11/5/2011 to 26/12/2012. Therefore in these FDRs already the interest portion is credited for the period mentioned. Hence the complainant/s would be entitled for the interest from 27/12/2012.  It is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

         12) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.P’s have been proved.

          13) 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.

          14) Accordingly, following order.

ORDER

          The complaints are partly allowed.

          The O.Ps. represented by the Chairman as shown in the cause title is  hereby directed and liable to pay to the complainant/s as ordered below;

The deposited F.D.R/s. amount as mentioned in column No.5 with future interest at the rate of 8% P.A. from the dates mentioned in column No.6 respectively till realization of the entire F.D.Rs. amount, except the FDR No.292.

          Further, in Compt.No.99/2016, the O.P. represented by the Chairman, is hereby directed and liable to pay the matured amount of Rs.20,000/- in respect of FDR No.292 and A/c No.1101, with future rate of interest @8% P.A. from 19/12/2014 till realization of the entire FDR amount.

Further, the O.P. represented by the Chairman is hereby directed and liable to pay Rs.3,000/-, to the complainant/s towards costs of the proceedings in each complaint.

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

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

The original order shall be kept in complaint No.98/2016 and the true copy in other clubbed cases.

 (Order dictated, corrected and then pronounced in the open Forum on: 24^th day of August 2016)

        Member            Member                                President.