BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BAGALKOT.

C.C.No.169/2018

 Date of filing: 17/12/2018

Date of disposal: 27/04/2019

P R E S E N T :-

- V/S -

JUDGEMENT

By Smt. Sharada. K. President.

1.      This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directed them to pay the S.B. A/c amount of Rs.87,488/- alongwith interest @ 18% p.a. from the last date of transaction to the complainant till realization and pay Rs.20,000/- towards mental agony, harassment and Rs.5,000/- towards cost of the proceedings & any other reliefs.  

 2.     The facts of the case in brief are that;

          The case of the complainant is that, the deceased husband of the complainant is the customer of OPs Society and he has opening S.B. A/c bearing No.178 on dtd: 06.09.2012 by depositing an amount of Rs.4,000/- and after that, he has continually deposited the amount in the Ops Finance and thereafter the S.B. A/c passbook entry till to 23.05.2015 clearly shows the total balance amount is Rs.87,488/- and thereafter the OP.No.1 to 8 are not made any entry in the passbook of Shri.Basavaraj @ Basappa S/o Mariyappa Nevanakki and further the husband of the complainant Shri.Basavaraj @ Basappa went to Mangalore for 1 ½ years for the labour work and he has not approached to the Ops Bank and due to some health issue he came back to his village and approached OP.NO.1 to 8 for withdrawal of his S.B. amount of Rs.87,488/-, but OPs are postponed the same one to another reasons, without any valid reason. Unfortunately, due to ill-health of Basavaraj @ Basappa S/o Mariyappa Nevanakki died on 19.04.2017 leaving behind the complainant Basavva W/o Basavaraj @ Basappa Nevanakki and 3 minor children.

It is further contended that, after the death of her husband, the complainant has requested the OPs to return/refund the above said S.B. amount alongwith accrued interest, but OPs have not paid the above said S.B. amount. Inspite of repeated request, the OPs have failed to refund/return the above said S.B. amounts and it is obligatory on the part of the OPs to refund/return the above said S.B. amount to the complainant and thereby OPs committed the deficiency of service as contemplated under the provision of C.P. Act and further the complainant has to meet urgent expenses of her family and other needs, but OPs have failed to pay the above said S.B. amounts, it amounts to deficiency of service on the part of the OPs.

          Finally, the complainant has got issued legal notice to the OPs through her Counsel on dtd: 23.11.2018 and the said notices were served to the Ops. But, till today the Ops neither replied nor complied the said notice. Hence, the complainant has constrained to file this complaint.      

 3.     After issue of notice to the OP.No.1 to 8, the notices were duly served to the OPs. But, they have not appeared. Hence, OP.No.1 to 8 are placed Ex-parte.  

4.      In support of the claim in the complaint, the complainant has filed his affidavit and produced Origional Passbook, Xerox copy of Death Certificate, Xerox copy of Succession Certificate, Xerox copy of Aadhar Card, Xerox copy of Ration Card, Xerox copy of deceased Basavaraj @ Basappa Aadhar Card, Copy of the legal notice and postal receipts and acknowledgements, which are marked as Ex.P-1 to Ex.P-8. Heard the argument of complainant Counsel and perused the records.

5.      Now, the following points that would arise for our consideration in deciding the case are;

1. Whether the complainant has prove that there is deficiency in service on the part of the OPs for not refunding the S.B. amount?
2. What order?

6.      Our finding on the above points are as follows;

1.      Partly in the Affirmative.

          2.      As per final Order.

R E A S O N S

7.      Point No.1:  After perusing the complaint pleadings, affidavit evidence of complainant and as well as documents on records. No doubt it is true that, the deceased husband of the complainant has opened the S.B. A/c No.178 in OPs Finance/bank in the year 2012 and OPs bank have issued S.B. passbook to the deceased husband of the complainant, the said document of S.B. passbook is marked as Ex.P-1 and further case of the complainant is that, after the death of her husband the complainant several times has approached the OPs Finance/bank and requested to refund the S.B. amount of Rs.87,488/- stands in the name of her deceased husband by name Basavaraj @ Basappa Nevanakki for her family difficulties, but the OPs bank failed to pay the above said S.B. amount with interest to the complainant. Inspite of receipt of legal notice and request, the OPs have not bothered to pay back the deceased husband of the complainant S.B. amounts to the complainant, these acts of the Ops are clearly shows that, it amounts to deficiency in service on the part of the Ops.

It is a duty of the OPs that, after the death of her husband the OPs ought to have to disburse or settle the S.B. amount by giving the make good payments which was deposit by the deceased husband of the complainant in OPs bank in form of S.B. account, but the OPs have failed to pay the above said S.B. amount of Rs.87,488/- and one or the other reason dragging the same, without valid reasons, these attitude and acts of the Ops, it clearly shows that, there is deficiency in service on the part of OPs.

Therefore, the complainant is entitled to receive the S.B. amount of Rs.87,488/- and further the OPs are directed to pay the interest @ 4 % p.a. from the date of legal notice i.e. on 23.11.2018 till realization on the above said S.B. amount. Hence, due to non-payment of S.B. amount by the OPs are caused mental agony and harassment to the complainant. In our considered view that, it is just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony and we also award litigation expenses of Rs.1,000/- to the complainant. Accordingly, we answer to Point No.1 in partly Affirmative. Hence, we proceed to pass the following;                                                                                                                                                                                                                                                                                                                                                                                                                          

O R D E R

The complaint is here by partly allowed with costs.

          The OP.No.1 to 8 are hereby directed to pay the S.B. amount of Rs.87,488/- to the complainant and further the Op.No.1 to 8 are liable to pay interest @ 4 % p.a. on the S.B. amount from the date of legal notice i.e. 23.11.2018 till realization.

The OPs are hereby directed to pay compensation of Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of the litigation to the complainant within 10 weeks from the date of this order, failing to which, the complainant is entitled to recover addition interest @ 2 % p.a. from the date of this order till realization.

Send the copies of this order to the parties free of cost.

          (Order dictated, corrected and then pronounced in the open Forum on: 27^th  day of April 2019).