Karnataka

Belgaum

CC/476/2016

Smt. Mayawwa W/o. Maddeppa Yankanchi - Complainant(s)

Versus

Chairperson, Smt. Akkawwa Hanamant Tangadi - Opp.Party(s)

S.R.Sakri

18 May 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 18 May 2017

1. Complaint No. 475/2016
2. Complaint No. 476/2016

 

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

                        2) Smt. Sunita           Member

-***-

Complainant/s:

                             Mrs.Shashikala w/o.Sahadev Pujari,

                             Age: about 36 years, Occ: Household work,

                             R/o: Aratal, Tq.Athani, Dist. Belagavi

                                                          C.C. No.475/2016

 

                             Mrs.Mayawwa w/o.Maddeppa Yankanchi,

                             Age: about 65 years, Occ: Household work,

                             R/o: Athani, Tq.Athani, Dist. Belagavi

                                                          C.C. No.476/2016

 

                             (By Sri. S.R.Sakri, Advocate)

 

                                                          V/s.

Opponents:1)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Chairperson Smt.Akawwa Hanamnt Tangadi.

         

                    2)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Vice- Chairperson Smt.Anuja Namadev Pannalkar

                  

                   3)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Mahadevi Bhimappa Kiranagi.

 

                   4)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Kamala Sangappa Tangadi.

 

                   5)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Sushila Murgeppa Talawar.

 

                   6)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Neelawwa Allappa Ghali.

 

                   7)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Lalita Ramu Chougula.

 

                   8)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Satyawwa Chandrakant Lende.

 

                   9)      Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Mumtajbi A.Patavegar.

 

                   10)    Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Subakka Mallappa Bhise.

 

                   11)    Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Sunanda Kallappa Naik.

 

                   12)    Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Director, Smt.Chandrakala Dayanand Hiremani.

 

                   13)    Akkamahadevi Mahila Co-Op. Credit Society Ltd.,

Old Canara Bank Building, Vegetable Market,  Athani, R/by its Secretary.

 

                    (O.Ps. 1 to 13 by Sri. S.S.Halbhavi, Advocate)

 

 

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

 

 

COMMON ORDER

            I. Though the complainant/s are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainant/s. The complainants belong to one family. In all the cases the opponents are same, as shown in the cause title. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 2 cases and same number complainant/s 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 case only will be shown in the cause title and the details of the deposits will be shown separately in the table.

          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 non refund of the matured fixed deposits amount.

          2) After service of notices, the O.P.s.1 to 13 appeared through counsel and filed objections and evidence of affidavit and denied entire contents of the complaint except deposit etc.

          3) In support of the claim in the complaints, complainants have filed affidavit and original F.D.Rs are produced by the complainant/s.  

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

          5) Now the point for our consideration is that whether the complainant/s 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 the perusal contents of the complaint/s and affidavit filed by the complainant/s, the complainant/s have deposited the amount in the opponents Society as detailed below:

 

Sl. No	Complaint No.	F.D.R  No.	Date of Deposits	Amount Deposited	Dt of Maturity	Maturity Amount/ claimed
1	2	3	4	5	6	7
1	475/16	17	15.10.08	25,000	15.04.15	50,000
1	475/16	25	20.08.09	10,000	20.08.15	20,000

 

 

          8)      The complainants further alleged that, they are not members and thereby are unaware of the events of the society. The OP society is registered under KCS Act and is lending and tapping deposits from its members and when the complainants approached the OPs for refund of the matured deposit amount they refused to make payments. Hence the complainants approached DRCS Belagavi and ARCS Chikodi seeking information regarding board of management of the society, who as per the list prevailing as on 31.03.2016 had furnished the names of OPs.1 to 12 as directors of the society. The OPs on approach had refused to make payments. Hence opponent/s committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

9) The OP.3 and 13 have filed objections to the complaints and the same was adopted by the other OPs. The OPs in their objections have denied and disputed the complaints averments and further contended that the complainants were earlier directors of the OP society and they had withdrawn the deposit amount and closed their accounts but, failed to return the original FDRs. Hence the OPs are not liable to pay any amount to the complainants and  prayed for dismissal of the complaints.

10) On perusal of objections & affidavit filed by OPs, they have simply stated that, they are not liable to pay the amount of the complainants as the complainants were earlier directors of the OP society and they had withdrawn the deposit amount and closed their accounts but, failed to return the original FDRs. To prove their contentions the OPs have not produced any cogent evidence or documents before the forum.

         11) On perusal evidence affidavit of the complainants, the complainants produced original FD Receipts are in the name of complainants.  It is well settled legal position that nonpayment 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.Ps. have been proved.

          13) Accordingly, following order.

ORDER

          The complaint/s are partly allowed.

          The OPs.1 to 13 as shown in the cause title are hereby jointly and severely directed to pay the complainants as ordered below.

Sl. No	Complaint No.	F.D.R  No.	Date of Deposits	Amount Deposited	Dt of Maturity	Maturity Amount/ claimed
1	2	3	4	5	6	7
1	475/16	17	15.10.08	25,000	15.04.15	50,000
1	475/16	25	20.08.09	10,000	20.08.15	20,000

 

          The matured amount of the respective FDRs at column.7 with future interest @9% P.A. from the date of maturity i.e. column.6 till realization.

          Further to pay the complainants Rs.3,000/- in each case towards cost of the proceedings.

 

         The order shall be complied within 30 days from today.

The original order shall be kept in Complaint No.475/2016 and its copy in 476/2016.

(Order dictated, corrected and then pronounced in the open Forum on this 18 May 2017)

 

 

 

 

 

MSR