Karnataka

Belgaum

CC/126/2015

Darshan B Patil - Complainant(s)

Versus

Noorahmed U Momin - Opp.Party(s)

S B Shivapuji

17 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.126 to 129/2015

 

                     Date of filing: 02/03/2015

 

                                                                 Date of disposal:17/01/2017

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.

 

 

COMPLAINT NO.126/2015

 

 

COMPLAINANT   -

Shri.Darshan S/o Bhimagouda Patil, Age: 42 Years, Occ: Engineer, R/o: Sadashiv Nagar, Belagavi.                      (Rep. by Sri.S.B.Shivapuji, Adv.)

 

 

COMPLAINT NO.127/2015

 

 

COMPLAINANTS   -

1.       2.

Smt.Veena W/o Shashikant Torgal, Age: 45 Years, Occ: Medical Practitioner, R/o: Sadashiv Nagar, Belagavi.    Shri.Darshan S/o Bhimagouda Patil, Age: 42 Years, Occ: Engineer, R/o: Sadashiv Nagar, Belagavi.                      (Rep. by Sri.S.B.Shivapuji, Adv.)

 

COMPLAINT NO.128/2015

 

 

COMPLAINANT   -

Shri.Bhimagouda Paragouda Patil, Age: 72 Years, Occ: Engineer, R/o: Sadashiv Nagar, Belagavi.                      (Rep. by Sri.S.B.Shivapuji, Adv.)

 

COMPLAINT NO.129/2015

 

 

COMPLAINANT   -

Smt.Akkatai W/o Bhimagouda Patil, Age: 64 Years, Occ: Hosusehold Work, R/o: Sadashiv Nagar, Belagavi.                      (Rep. by Sri.S.B.Shivapuji, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.                 2.

Noorahmed Umarali Momin, Age: Major, Occ: Service, R/o: Behind Police Station, Sankeshwar, Tq: Hukkeri, Dist. Belagavi. (Shahe Nyamat Urban Co-operative Credit Society Ltd., Converted into Shahe Nyamat Credit Souhard Sahakari Niyamit, Hukkeri, Dist. Belagavi.                      (Rep. by Sri.M.D.Shaikh, Adv.)     The Manager,  Shahe Nyamat Urban Co-operative Credit Society Ltd., Converted into Shahe Nyamat Credit Souhard Sahakari Niyamit, Hukkeri, Dist. Belagavi.                   (Op.No.2 dismissed as per order                             dtd:11.06.2015)

 

By  Sri.A.G. Maldar, President.

 

COMMON JUDGEMENT

 

 

1.      All these complaints were filed by the complainants under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Party (in short the “Op”) directing him to pay the matured amounts as per the respective F.D. receipts with interest from the date of maturity with compound interest and any other reliefs deemed fit under the circumstances of the cases.

 

2.      Since the common question of law and facts involved in these complaints, they were taken-up together for disposal by the Common Judgments by this Forum.

 

          The brief facts leading to these complaints are that,

 

The case of the complainants are that, the complainants have deposited the amounts in the OP Society, and OP society have accepts money from its members and public at large through FDS, to pay better rate of interest and as such the complainants have kept fixed deposits with OP society on various dates as shown in Para No.3 of the respective Complaints. The details of amounts deposited as shown below:-

 

In COMPLAINT NO.126/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Rate of Int.	Maturity Date
01.	06.07.2013	1270	25,000/-	12%	06.07.2014
02.	17.01.2003	1590	25,000/-	13%	17.01.2004

 

In COMPLAINT NO.127/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Date
01.	16.07.2012	1280	20,000/-	16.07.2014

 

 

 

 

In COMPLAINT NO.128/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Rate of Int.	Maturity Date
01.	16.07.2013	1279	25,000/-	12%	16.07.2014

 

In COMPLAINT NO.129/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Rate of Int.	Maturity Date
01.	13.09.2004	2575	20,000/-	12%	03.09.2015

 

It is further complainants contended that, after the maturity of F.D. amount, long back the complainants have requested the OP to refund the said matured F.D. amount alongwith accrued interest, but OP has not paid the amount and told that, they will refund the matured amount with accrued interest thereon within a short period, believing the words of the OP, the complainant have kept quite for certain period on the good hope that, the OP will get further interest on matured amounts, but even after the said period the OP thereby avoided to make payments by giving one or the other reasons. Inspite of repeated request, the OP failed to refund the matured F.D. amounts and it is obligatory on the part of the OP to return the above said F.D. amounts to the complainants and thereby OP committed the deficiency of service as contemplated under the provision of C.P. Act. The complainants have to meet urgent expenses of their family, but OP failed to pay the respective matured F D amounts.

 

          It is also further complainants contended that, due to persistent refusal of the OP to repay the FDs amounts, the complainants have got issued legal notices to the OP through their Counsel on dtd:29.01.2015 and notices were duly served to the OP. But, the OP has neither replied nor complied with said notices. However, the OP refused to return the fixed deposited amounts by giving one or other reasons, hence, the complainants have constrained to file these complaints.  

 

 

3.      The complainants have filed an application U/s. 24(A) of the C.P. Act and the same have been allowed and the delay has been condoned at the stage of admission itself by this Forum on dtd:06.03.2015 as delay is condoned by allowing the I.A.-I.

 

4.      After issue of notice to the OPs, Shri.M.D.Shaikh, Advocate for OP.No.1 has appeared, but neither filed any written version nor put-forth any affidavit evidence in the above said complaints and in respect of OP.No.2, the complainants counsel has filed application for not pressing reliefs against Op.No.2. hence, application consider and dismissed against the OP.No.2 in the above said cases. 

 

5.      The Complainants have filed their affidavits in support of their claim and produced Original F.D. Receipts, Postal Acknowledgements and the copy of legal notices, for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-5. On the other hand, the OP has not produced any affidavits or documents, even written version. The Adv. for complainants have filed their written arguments and heard the argument on both sides.

 

Now, the following points that arise for our consideration in deciding the cases are;

 

 

 

1. Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling the payment of F.D. amounts?

 

2.  What order?

 

6.      Our findings on the above points are as fallow;

 

 

1.  Point No.1 In the Affirmative.
2.  Point NO.2 As per final Order.

 

 

 

 

 

 

R E A S O N S :-

 

7.      Point No.1:  By detail scanning the complaints pleadings,  affidavit evidence of complainants and as well as documents on records. It is admitted fact that, the complainants have deposited the F.D. amounts in Op society and OP has issued F.D. receipts to the complainants, the said documents of Original F.D. receipts were marked for shake of our convenience as Ex.P-1 and further, the case of the complainants are that, several times approached the OP and requested to refund the F.D. amounts but, the OP society failed to pay the matured F.D. amounts with interest on maturity. Inspite of receipt of legal notice and request, the OP has not bothered to pay back the complainants F.D. matured amounts, these acts of the Op is clearly shows that, it amounts to deficiency of service on the part of the Op.

 

 

It is a duty of the OP that, after the maturity of F.D. amount a mandatory duty on the part of OP to disburse or settle the F.D. amount by giving the make good payment which were fixed by the complainants in OP society, but the OP failed to pay F.D. maturity amounts and one or the other reason dragging the same without valid reasons, these attitude of the OP it amounts to deficiency of service on the part of OP.  For that proposition of law, we would like to refer a decision of Hon’ble Tamil Nadu State Consumer Disputes Redressal Commission, Chennai in 2010 (1) CPR 62. Wherein the Hon’ble State Commission observe that, non-refund of maturity amount of F.D. amount, amounts to deficiency of service attracting Sec.2(1) (g) of C.P. Act and further observe that, Consumer Forum have jurisdiction to entertain complaint against the Co-Operative Societies.  In the light of the law laid down by the Hon’ble Supreme Court and National Commission regarding maintainability of complaint, it is aptly applicable to these cases. 

 

 

 

 

 

 

Therefore, the complainants are entitled to receive the respective F.D. amount in all these above complaints from the date of deposit till renewal date with 12% interest on F.D. receipts and further the OP is directed to pay the interest @ 8 % p.a. from the date of maturity till realization on F.D. receipts. Hence, due to non-payment of F.D. matured amounts by the OP is caused mental agony and harassment to the complainants. In our considered view that, it is just and proper to award a compensation of Rs.3,000/- each of the complainant for inconvenience and mental agony and we also award litigation expenses of Rs.1,000/- each of the complainants. Hence, we answer to Point No.1 in partly Affirmative. Hence, we proceed to pass the following.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

O R D E R

 

For the reason discuss above, the complaints filed by the complainants U/s 12 of the C.P. Act – 1986 in Complaint Nos.126/2015, 127/2015, 127/2015 and 129/2015 are here by partly allowed with costs.

 

 

The OP is hereby directed to pay the respective F.D. amount in all these above complaints from the date of deposit till renewal date with 12% interest on F.D. receipts and further the OP is directed to pay the interest @ 8 % p.a. from the date of maturity till realization on F.D. receipts.

 

The OP is also hereby directed to pay compensation of Rs.3,000/- and Rs.1,000/- towards cost of each complainant within 10 weeks from the date of this order, failing to which, the complainants are entitled to recover Addition interest
@ 1.5 %  p.a. from the date of complaints i.e. 02.03.2015 till its realization.

 

Keep the Original Judgement in Complaint.No.126/2015 and copies thereof in other complaints for ready reference.

 

 

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this  17^th day of January, 2017).

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.