(Order dictated by Smt.Sunita, Member)

COMMON ORDER

            I. Though the complainants are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the complainants.  In both the cases the opponents are same, as shown in the cause title. Hence for convenience both the cases are disposed of by the common order.

          II. Since there are 2 cases and different complainants are there having different 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 complainants have filed these complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the matured fixed deposits.

          2) Upon service of notice O.Ps. appeared through their advocate and filed their objections to the complaints and also produced some documents.

          3) In support of the claim in the complaints, complainants have filed their affidavits and original F.D.Rs. are produced by the complainants. Written arguments is also filed for 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 have 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 affidavits filed by the complainants, the complainants have deposited their amount in OP souhard as detailed below:

          8) At the time of deposit the OPs have agreed that, they will return the amount/s whenever the complainant/s required. In the last week of August 2014 as the complainant/s were under some financial problem approached the OPs souhard for withdrawal of pre-matured FDRs lying under FDR No.686 and 693, inspite of that opponents went on postponing the same by assigning one or other reasons. Therefore the complainant/s issued legal notice to OPs on 19.09.2014 calling upon them to refund of their amount with interest. Inspite of serving the said legal notice upon OPs, the OPs failed to comply the same. Hence the opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

9) The OP.1 filed his objections to the complaints denying and disputing the complaints averments and further contended that, Sri.Muragesh Maruti Khanaganni, Advocate has taken the OP society on 16.06.2013 by executing an agreement for transfer of management of the society from the earlier board of directors and has formed his own board of directors by getting transferred all the assets & liabilities of the society and running the OP society by himself as Chairman of the society. Further, in the place of OP.1 the said Chairman Sri.Khanaganni has appointed his wife Smt.Drakshayani as MD and therefore on the date of filing of these cases OP.1 was not Chairman of the OP society. Hence prays for dismissal of the complaints with cost.

10)    The OP.2 & 3 have filed their objections to the complaints in the same lines and prays for dismissal of the complaints with cost.

11)    The OPs mainly have taken contention regarding  Sri.Muragesh Maruti Khanaganni, Advocate has taken the OP society on 16.06.2013 by executing an agreement for transfer of management of the society from the earlier board of directors and has formed his own board of directors by getting transferred all the assets & liabilities of the society and running the OP society by himself as Chairman of the society. To prove this contention the OP.1 has produced only Xerox copy of the agreement, except this this the OP has not produced any cogent evidence to prove the same.  Further the OP-1 has produced xerox copy of his resignation, to show that the OP-1 has resigned his post, before the complainant/s had kept deposits in souhard. But there is no any cogent evidence before the forum, whether it is accepted by the OP society and Cooperative department. The OP-1 produced certain documents regarding the new formation of board of directors. After perused the documents & discussion we are of the opinion that, the newly body of directors formed on 21.09.2016 & the complainant/s had kept the FDs in the  year 2013 & its matured on 2014 hence, at the time of the FDs OP.1 is Chairman & OP-2 & 3 were incharge of the souhard.  Hence they are liable & responsible.

12)    On perusal of evidence affidavit of the complainants, the complainants produced original FD Receipts, they are in the name of complainants & inspite of repeated requests and demands made by the complainant/s OPs have not paid the matured FDRs amount hence, it is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

13) 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.

          14) Accordingly, the following

ORDER

          The complaint/s are partly allowed. 

        The Opponents.1 to 3 as shown in the cause title are hereby jointly and severally directed and liable to pay to the complainants as order below;

The matured F.D.Rs. amount with interest mentioned in column No.7 with future interest at the rate of 9% p.a. from date of maturity till realization of the entire amount.

          The Opponents.1 to 3 as shown in the cause title are hereby jointly and severally directed and liable to pay to the complainants a sum of Rs.3,000/- in each case towards cost of the proceedings.

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

The original order shall be kept in complaint No.737/2014 and the true copy in complaint No.738/2014.

 (Order dictated, corrected and then pronounced in the open Forum on this 04 July 2017)