Karnataka

Belgaum

CC/507/2014

Prabhakar P Killekar. - Complainant(s)

Versus

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

R.K.Patil.

16 Mar 2015

ORDER

(Order dictated by Smt. S.S. Kadrollimath, Member.)

ORDER

          The complainant has filed the complaint u/s. 12 of the C.P. Act, against the O.Ps. alleging deficiency in service of non payment of the amount kept in F.D.R.

          2) O.P.1 appeared through advocate but did not filed any affidavit or version. O.P.2 duly served with notice but have remained absent, placed ex-parte.,

3) In support of the claim in the complaint, complainant has filed affidavit and certain documents including original F.D.R is produced. We have heard arguments of the complainant’s counsel and perused the record.

4) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the O.Ps. and that the complainant is entitled to the reliefs sought?

5) Finding on the point is partly in affirmative for the following reasons.

REASONS

6) Oral and documentary evidence on record establish that the complainant kept a sum of Rs. 60,000/- in F.D.R. bearing No.1733 with the O.P. society as on 16/4/2009 for a period of 5 years and maturity amount to be paid to the complainant double the amount of F.D.R.

7) Grievance of the complainant is that inspite of the demands made the amount kept in F.D.R. remained unpaid. This facts is stated in the affidavit and considering the entire facts, it is proved that inspite of the demands made the amount remained unpaid and the said act of the O.Ps., amounts to deficiency in service.

8) 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.

9) Considering the fact, evidence and discussion made here before, following order.

ORDER

          A.   The complaint is partly allowed.

B. The O.Ps. society represented by the Chairman and Secretary jointly and severally are hereby directed to pay to the complainant a sum of Rs.1,20,000/- in respect of F.D.R. No. 1733 with interest at the rate of 8% P.A. from 16/4/2014 till realization of the entire amount.

C. Further, The Op society represented by the Chairman and Secretary jointly and severally are hereby directed to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.

D.  Order shall be complied within one month from the date of the order.

F.  If the order is not complied within stipulated period, OP society represented by the Chairman and Secretary jointly and severally 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.

 (Order dictated, corrected & then pronounced in the Open Forum on this 16^th day of March 2015).

 

                      Member         Member            President.

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