Karnataka

Belgaum

CC/660/2014

Nirmala B Mandolkar - Complainant(s)

Versus

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

S.R.Hiremath

22 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 22^nd day of April 2017

 

Complaint Nos. 660/2014

 

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

                        2) Smt.Sunita                            Member

-***-

Complainant/s:

 

Smt. Nirmala w/o.Baburao Mandolkar,

Age: 66 years, Occ: Household,

R/o: No.2352, Hattiholi Galli, Goaves,

Shahapur, Belagavi.

 

 (By Shri. S.R.Hiremath, Adv)

 

 

                                                          V/s.

Opponent/s:

 

1. The Chairman,

Millat  Co-Op. Credit Society Ltd.,

No.3910, Khadak Galli, Belagavi.

 

2)      The Manager,

Millat  Co-Op. Credit Society Ltd.,

No.3910, Khadak Galli, Belagavi.

 

 

(OP-1 by Sri.Manikanta .T.S, Adv & OP.2-Exparte)

 

 

 (Order dictated by Smt.Sunita, Member)

 

 

ORDER

          U/s.12 of the C.P. Act, complainant has filed the complaint against the O.Ps. alleging deficiency in service of non payment of the FDR amount and amount lying in S.B. account.

          2) In-spite of service of notice O.Ps. OP- 2 remained absent. Hence placed ex-parte.  OP-1 appeared through his counsel & filed objections and evidence affidavit.

          3) In support of the claim in the complaint, complainant has filed her affidavit and original FDR and S.B. account passbook is produced by the complainant.  

          4) We have heard the argument of the complainant counsel 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’s. 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 complaint and affidavit filed by the complainant, the complainant had kept an amount of Rs34000/- on 03.08.2010 in OPs society bearing FDR No.1366, rate of interest was 10% and date of maturity was 03.08.2011 & it was renewed upto 03.08.2012. The complainant is also having S.B. Account No.1333 with OP society and the balance amount in SB account is Rs.6684/- as on 10.03.2014. The complainant being a widow and senior citizen is suffering from BP & Diabetes and she is in need of money for her medical expenses. As such the complainant approached OPs & requested them to return the matured FDR and SB account amount, but the OPs are postponing the same by assigning one or other reasons. Hence the complainant got issued legal notice to OPs on 01.08.2014 calling upon the OPs to return the matured FDR and SB account amount. The said notices are duly served on OPs, but the OPs have not complied the same. Therefore the complainant is constrained to file this complaint against OPs.

8)      The OP.1 in his objections denying and disputing the complaint averments and further contended that, the complainant has kept an amount of Rs.34000/- on 03.08.2010 in OPs society for a period of 1 year  and the rate of interest was 10% p.a. After the date of maturity i.e. on 03.08.2011 the complainant has not renewed the said FD, hence the OPs are not liable to pay any interest after maturity.

9)      On perusal of the original FDR No.1366 produced by the complainant the complainant had kept an amount of Rs.34000/- on 03.08.2010 in OPs society, rate of interest was 10% and date of maturity was 03.08.2011 & it was renewed upto 03.08.2012. The complainant has also produced original S.B. Account No.1333 passbook and the balance amount in SB account is Rs.6684/- as on 10.03.2014. The FDR No.1366 & S.B. Account No.1333  passbook produced by the complainant are in the name of complainant &  inspite of the demands made the amount remained unpaid, has to be believed and accepted. Inspite of service of notice to OP- 2, remained absent, Hence OP- 2 have been placed exparte.  Though the OP.1 in his objections has contended that, the complainant has kept an amount of Rs.34000/- on 03.08.2010 in OPs society for a period of 1 year  and the rate of interest was 10% p.a. After the date of maturity i.e. on 03.08.2011 the complainant has not renewed the said FD, hence the OPs are not liable to pay any interest after maturity. But on perusal of original FDR No.1366 produced by the complainant it is seen that the said FDR No.1366 was renewed upto 03.08.2012. The OP.1 has not categorically denied the FDR No.1366 and S.B. Account No.1333 amounts kept by the complainant. Hence it is well settled legal position that non payment of the matured FDR amount and amount lying in SB account, amounts to deficiency in service.

       10) 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. have been proved.

       11) Accordingly the following

 

:ORDER:

          The complaint is partly allowed.

         The Opponents.1 and 2 as shown in the cause title are hereby jointly and severely directed and liable to pay the complainant FDR No.1366 amount Rs.34,000/- with agreed rate of interest 10% p.a. from the date of deposit i.e. 03.08.2010 till the date of maturity i.e. 03.08.2012 and with future interest @6% P.A. from 04.08.2012 till realization.

         The Opponents.1 and 2 as shown in the cause title are hereby jointly and severely directed and liable to pay the complainant S.B. Account No.1333 amount Rs.6684/- with future interest @6% P.A. from 11.03.2014 till realization.

Further, Opponents. 1 and 2 as shown in the cause title are hereby jointly and severely directed and liable to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.

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

(Order dictated, corrected and then pronounced in the open Forum on: 22^nd day of April 2017)

 

                                   

 

        Member                                    President.