Karnataka

Belgaum

CC/364/2015

Anasuya A Parvatrao - Complainant(s)

Versus

Dundappa S Badakar. Duradundeshwar Vividushegala Sahakari Sangh Nyt Ankale. - Opp.Party(s)

S S Shilayyanavarmath

29 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.364/2015

 

                     Date of filing: 22/07/2015

 

                                                                  Date of disposal:29/12/2016

 

P R E S E N T :-

 

	(1)	Shri. A.G.Maldar, B.Com,LL.B. (Spl.) President.
	(2)	Smt.J.S. Kajagar, B.Sc. LLB. (Spl.)  Lady Member.

 

 

COMPLAINANT      -

Smt.Anasuya Annasaheb Parvatrao, Age: 60 Years, Occ: Household, R/o: Sankeshwar, Tq: Hukkeri, Dist. Belgavi.       (Rep. by Shri.S.S.Shilayyanavarmath, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.       2.       3.       4.       5.       6.       7.         8.       9.       10.       11.       12.

Shri. Duradundeshwar Vividushegala Sahakari Sangh Nyt., Ankale, A/P: Ankale, Tq: Hukkeri, Dist. Belagavi.   Represented by its Board of Directors,   Shri.Dundappa Shivarudra Badakar, Age: 53 Years, Occ: Busines,, R/o: Ankale, Tq: Hukkeri.   Shri.Shankar Ramu Devakathe, Age: 48 Years, Occ: Agriculture, R/o: Baad, Tq: Hukkeri.   Shri. Arjun Basavanni Masti, Age: 49 Years, Occ: Agriculture, R/o: Ankale, Tq: Hukkeri.   Shri. Irrappa Basavanni Masti, Age: 44 Years, Occ: Agriculture, R/o: Ankale, Tq: Hukkeri.   Shri. Gurupad Mallappa Bhiste, Age: 50 Years, Occ: Agriculture, R/o: Kamatnoor, Tq: Hukkeri.   Shri. Shankar Shivarudra Badakar, Age: 51 Years, Occ: Business, R/o: Ankale, Tq: Hukkeri.   Shri. Sanjay Ishwar Labbi, Age: 42 Years, Occ: Business, R/o: Sankeshwar, Tq: Hukkeri.   Shri. Raju Appanna Karigar, Age: 47 Years, Occ: Business, R/o: Sankeshwar, Tq: Hukkeri.   Shri.Tammanna @ Gopal Akkappa Ghasti, Age: 48 Years, Occ: Business, R/o: Ankale, Tq: Hukkeri.   Smt. Renuka Appasaheb Patil, Age: 30 Yeears, Occ: Business, R/o: Ankale, Tq: Hukkeri.   Smt. Shobha Dundappa Badakar, Age: 35 Years, Occ: Business, R/o: Ankale, Tq: Hukkeri.   Shri. Subhash Babu Punde, Age: 35 Years, Occ: Manager, R/o: Ankale, Tq: Hukkeri. Dist.Belagavi.                            (Rep. by Sri. B.S.Rokade, Adv                                       for OP.No.1 to 12)

 

 

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1) The complainant has filed the complaint u/s. 12 of the C.P. Act, against the OPs alleging deficiency in service of non payment of the matured F.D. amount alongwith savings deposited amount.

 

          2) OPs.No.1 to 12 appeared through his Counsel, but they have not filed written version.

 

3) In support of the claim of the complaint, the complainant has filed his affidavit evidence and certain documents including original F.D. receipts are produced. We have taken the argument as heard of both the parties.

 

4) Now the point for our consideration is that;

 

1.  Whether the complainant has proved that, there is deficiency in service on the part of the OPs for not refunding the matured F.D. amount?

 

2. What Order?

5) Our finding on the points are as follows;

 

1.      Affirmative.

          2.      As per final Order.

 

R E A S O N S

 

6) By perusing the pleadings of complainant, document on record and affidavit evidence, the complainant has kept fixed deposits with Ops society, the OP.No.1 to11 are being the board of Directors and Op.No.12 being the Manager of the OP Society and the details of amount kept in deposited with OPs society as shown below:-

 

S.No.	F.D. A/c No	Dept. Amount	Date of Deposit	Date of Maturity	Rate of Intr (%)	Maturity Amount
01.	252	3,00,000/-	14.02.13	14.02.14	@ 12%	3,36,000/-
02.	253	3,00,000/-	14.02.13	14.02.14	@12%	3,36,000/-
					Rs.6,72,000/-

 

 

7) Further the complainant has kept an amount in saving bank account bearing S.B. A/c No.902 having balance of Rs.2,86,000/- as on 23.09.2014.

 

8) The case of the complainant is that, after completion of maturity period of F.D. amounts and inspite of the request and demand made by the complainant to the OPs to refund the above said maturity amount as well as savings bank balance, but, the OPs did not heed the request and did not paid the above said amount and the above said amount unpaid. The complainant has contended that, he has requested to the OPs refund the above said F.D. amounts respectively alongwith the maturity value. But, the OPs were not ready to disburse the above said amount and assured that, to wait for some time and promise that, they will pay interest till realization of entire maturity amount and S.B. amount at the rate of same interest as offered in the F.D. receipts. Even-after from the date of maturity of above said F.D. amounts, the OPs did not refund the same to the complainant. Therefore, the complainant has once again approached the OPs society. But, the OPs are postponing the same by assigning one or other reasons without any valid reason. More ever, the OPs neither contested the case nor filed any objection. So, in our consider view, the contention of the complainant is accepted. So, the complainant has established his case in respect of deficiency of service on the part of the OPs by filing the supporting affidavit evidence and material documents i.e. the original F.D. receipts is on record, the said document has been marked as Ex.P-1 & Ex.P-2,
for sake of our convenience. Therefore, in our consider view that, the complainant is entitled the matured F.D. each i.e. Rs.3,36,000/- and Rs.3,36,000/- total an amount of Rs.6,72,000/- and also the complainant is entitled to savings deposit amount of Rs.2,86,000/- which is marked as Ex.P-3.

 

10) No-doubt it is true that, the attitude and conduct of the OPs, crystal clear that, the OPs intention in not paying the matured amount and also savings deposit amount, even after service of legal notice, which is marked as Ex.P-4, certainly the said act of the OPs it amounts to deficiency in service on the part of the OPs. Hence, in our consider opinion that, the OPs are liable to pay the F.D. maturity amount together with interest @ 8% p.a. from the date of maturity
i.e. on 14.02.2014 and also the OPs are liable to pay savings deposit amount of Rs.2,86,000/- with interest @ 4% p.a. from the date of balance as on 30.09.2014  till the date of payment. It would be just and proper to award a compensation of Rs.2,000/- towards inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/-. Hence, we answer to the above point No.1 in affirmative.  Hence, we proceed to pass the following.

 

:: O R D E R ::

 

         

For the reason discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

          The OP.No.1 to 12 jointly and severally are directed to pay a total sum of Rs.6,72,000/- ( F.D. A/c No.252 of Rs.3,36,000/- and F.D. A/c No.253 of Rs.3,36,000/-) towards F.D. maturity amount with interest @ 8 % p.a. from the date of maturity i.e. 14.02.2014 till its realization.

 

          The OP.No.1 & 2 jointly and severally are directed to pay a sum of Rs.2,86,000/- towards savings deposit amount in S.B. A/c No.902 with interest @ 4 % p.a. from the date balance as on 30.09.2014 till its realization.

 

          Further, the OP.No.1 to 12 jointly and severally are directed to pay a sum of Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of the proceedings.

 

          The order shall be complied within 08 weeks from the date of this order.

 

If the order is not complied within 08 weeks from the date of this order, the complainant is entitled to recover with Additional interest @1.5% p.a. from the date of complaint i.e. 22.07.2015 till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 29^th day of December 2016).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.