Karnataka

Belgaum

CC/704/2014

Nadeem A Mujawar - Complainant(s)

Versus

Chairman Of Millat Co-Op Cr Society Ltd. - Opp.Party(s)

M.A.Sayyad.

11 Jan 2016

ORDER

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

COMMON ORDER

          I. Though the complainants are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainants. In all the cases the O.P. society is same, represented by Chairman and Manager. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 3 cases and different complainants are there having same addresses and particulars of their 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 respective complainants have 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) Inspite of service of notice O.P.No.2 remained absent. Hence placed ex-parte. Opponent No.1 appeared through counsel and  filed his objection O.P.No.1 admitted that the complainants have kept amount as Fixed Deposit in the society of the opponents and also admits the rate of interest and opponent has denied in need of F.D. amount meet out the family necessities and also denied the rate of interest at the rate of 18% P.A. Opponents prays for dismiss the complaint etc.,

          3) In support of the claim in the complaint, complainant/s has filed affidavit and original F.D.Rs. are produced by the complainant and so also O.P. has filed affidavit and objection.

          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.Ps. 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 complainants and affidavit filed by the complainant. The opponent 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;

Sl. No.	Complaint No.	F.D.R A/c. No.	Date of deposit	Amount deposited	Date of maturity	matured Amount/ Interest
1	2	3	4	5	6	7
1	704/2014	4237	18/5/2009	57,150	18/5/2014	10%
2	705/2014	4234	18/5/2009	57,150	18/5/2014	10%
		4237	18/5/2009	57,150	18/5/2014	10%
		4238	06/5/2009	57,150	06/5/2014	10%
3	706/2014	4234 3634	18/5/2009	57,150	18/5/2014	10%

 

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

9) In case No. 705/2014 on perusal evidence affidavit of the complainant and document produced by the complainant, S.B. Account is standing in the name of complainant and complainant had deposited amount of Rs.3,56,764/- in the Opponent society. Inspite of the repeated requests and demands made by the complainant. The O.P. has not paid the amount with interest. On perusal contents of the affidavit and document produced by the complainant the complainant has proved deficiency in service.

10) On perusal contents of objection and evidence affidavit filed by the opponents. Opponent No.1 appeared through counsel and Opponent No.1 admitted that the complainants have kept amount as Fixed Deposit/S.D. in the society of the opponents and also admits the rate of interest and opponent has denied in need of F.D. amount meet out the family necessities and also denied the rate of interest at the rate of 18% P.A. and opponents prays for dismiss the complaint etc.,

On perusal evidence affidavits of the complainants, after maturity of F.D.R/s. the opponents have not paid F.D.R/s. amount. Inspite of the demands made to the O.Ps. have not paid the amount. Hence, the claim of the complainant/s 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.

          11) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.Ps. has been proved.

          12) 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.

          13) Accordingly, following order.

ORDER

          The complaints are partly allowed.

          The O.Ps. represented by the Chairman and Manager are hereby directed to pay to the complainant/s as ordered below;

 

Sl. No.	Complaint No.	F.D.R A/c. No.	Date of deposit	Amount deposited	Date of maturity	matured Amount/ Interest
1	2	3	4	5	6	7
1	704/2014	4237	18/5/2009	57,150	18/5/2014	10%
2	705/2014	4234	18/5/2009	57,150	18/5/2014	10%
		4237	18/5/2009	57,150	18/5/2014	10%
		4238	06/5/2009	57,150	06/5/2014	10%
3	706/2014	4234/ 3634	18/5/2009	57,150	18/5/2014	10%

 

The O.Ps. represented by the Chairman and Manager are hereby directed to pay the matured F.D.R/s. amount to the complainant/s as mentioned in column No.5 with interest @ 10% P.A. from the dates mentioned in column No.4 till dates mentioned in column No.6 respectively and with future interest at the rate of 8% P.A. from 19/5/2014 and 06/5/2014 respectively till realization of the entire F.D.Rs. amount.

The O.P. represented by the Chairman and Manager are hereby directed to pay outstanding balance to the complainant Rs.3,56,764/-in respect S.B. Account No.1857 along with future interest at the rate of 4% P.A. from 11/4/2013 till realization of the entire amount.

          Further, the O.P. represented by the Chairman and Manager are hereby directed to pay a sum of Rs.2,000/- in each complaint, to the complainant/s towards costs of the proceedings.

          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. 704/2014 and the true copy in other clubbed cases.

 (Order dictated, corrected and then pronounced in the open Forum on: 11^th day of January 2016)

Member                                        President.

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