IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI. AT BELAGAVI

Dated this 29^th  day of September 2016

Complaint No. 105/2015

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

                        2) Smt. Sunita                           Member.

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Complainant/s:

        1)      Shri Ramappa Siddappa Danadavar,

                   Age: Major, Occ: Agriculture,

                   R/o: At: Kaitnal Village, Post: Khanagaon,

                   Tq: Gokak, Distl. Belagavi.

(By Sri. M.M.Khanaganni, Advocate).

                                                          V/s.

Opponent/s:

          1.      The Chairman,

                   Smt. Laxmi Mohan Gondhali,

                   Shri. Yashoda Mahila Multi- Purpose Co-Op. Society,

                   C/o. Ashok Annappa Gondhali,

                   Opp. General Hospital Extension,

                   Gokak, Dist. Belagavi.

          2.      The Secretary,

                   Shri. Mahaling Kallappa Belavi,

                   Shri. Yashoda Mahila Multi-Purpose Co-Op. Society,

                   R/o. Mahalingeshwar Nagar,

                   Gokak Dist. Belagavi. 

 (O.P.1 by M.P.Patil Adv and OP.2 is placed ex-parte,)

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

  ORDER

          1) The complainant has filed the complaint  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)   After service of notice OP-1 appeared through his counsel but not filed affidavit or objections to the main petition. In-spite of service of notice O.P-2. remained absent. Hence OP-2 is placed exparte.  

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 counsel and perused the record.

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

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

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          6) From the evidence on record it has been proved that the complainant  being the member of OPs society has deposited Rs.60,000/- under Sri Yashoda Deposit scheme for the period of 6 years 6 months on 21.03.2007 which is matured on 21.09.2013 under FD Sl.No.010 Account No.010.

7) Grievance of the complainant is that after maturity inspite of the repeated requests and on written requisitions and thereafter issuance of legal notice dtd.20.01.2015 also the maturity value was not paid and hence there is deficiency in service. On perusal evidence affidavit of the complainant, after maturity of F.D.R, as mentioned above, the opponents have not paid F.D.R. amount. Hence, the claim of the complainant 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.     

         8) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.P’s have been proved.

9) 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.

          10) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The O.Ps. represented by the Chairman and Secretary as shown in the cause title are jointly and severally are hereby directed to pay Rs.1,20,000/- to the complainant under matured FD Sl.No.010 & Account No.010 with future interest @8% P.A. from the date of maturity i.e. from 22.09.2013 till realization.

          The O.Ps. represented by the Chairman and Secretary  as shown in the cause title are jointly and severally are hereby directed to pay a sum of Rs.3,000/-, 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.

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

          Member                                           President.

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