Karnataka

Belgaum

CC/528/2014

Anant M Balkundri - Complainant(s)

Versus

Paragouda A Halappanavar Secretary Of Sri Kapilnath Cr Sou Saha Ltd - Opp.Party(s)

M M Shetty

15 Jun 2015

ORDER

(Order dictated by Smt. S.S.Kadrollimath, Member)

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging deficiency in service of non payment of the amount of the F.D.Rs.

          2) The O.Ps. No. 1,4 and 7 are appeared through advocate, filed their objection contended that some of the board of directors of the O.P. society have tendered resignation and some other persons have taken charge of the society as new directors of O.P. society. The new management has assured to make payments to the customers. The O.P.1 further contended that as new management assured to make to the customers. Further this O.Ps. submits that one Sri. Murgesh Maruti Khangani has taken the charge of the O.Ps. societyand affidavit. Other O.Ps. inspite of service of the notice remained absent and is placed exparte.       

3) The complainant has filed his affidavit and documents are produced. O.P.1 has filed his affidavit and objection.

 4) We have heard the arguments of the learned counsel for complainant and O.P.1 have perused the records.

          5) Now the point for our consideration is that whether the complainant has 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) The oral and the documentary evidence on record establish that under F.D.R. No.826 and 827 and F.D.R. No.828 to 830 and the complainant had kept a sum of Rs.1,00,000/-, on 25/5/2006 in fixed deposit with the O.P. society. The complainant further contended at para No.10 that maturity value as on 25/5/2012 is Rs.2,00,000/- and the complainant has deducted amount of Rs.90,000/- as a loan amount from Rs.2,00,000/- and arrived at a sum of Rs.1,10,000/-. The complainant has shown the calculation at para No.10 of the complaint and prayer to direct the O.Ps. to pay Rs.1,03,500/- and also compensation of Rs.1,00,000/- etc.,

          8) O.Ps.1,4,7 are contents in his objection and affidavit, that some of the board of directors of the O.P. society have tendered resignation and some other persons have taken charge of the society as new directors of O.P. society. The new management has assured to make payments to the customers. The O.P.1 further contended that as new management assured to make to the customers. Further this O.Ps. submits that one Sri. Murgesh Maruti Khangani has taken the charge of the O.Ps. society on 16/9/2013 by executing an agreement for transfer of management of society from earlier board of directors of the society and as formed new board of directors. The O.Ps. further submits that in view of agreement in favour of Sri. M.M. Khanagani assets and liabilities are transferred and he is looking after the day today affairs of the society. Therefore the complainant ought to have impleaded Mrs. M.M.Khanagani. The O.Ps. further contended in objection that the complainant is entitle for double the amount of deposit and also denied that he has taken a loan of Rs.90,000/-. The O.Ps. in the reply notice to the legal notice issued by the complainant wherein they have at page No.3 para No.3 have contended that the complainant will get return of Rs.47,000/- only and not Rs.80,000/-. The counsel appearing for the complainant at the time of argument submitted that if the O.P. is ready to pay Rs.47,000/- the complainant is ready to receive the same. It is pertaining to note that at page 2 of the reply notice issued by the O.Ps. at point No.2 contended that on 21/8/2010 the complainant has raised the loan of Rs.90,000/- by pledging the F.Ds. to the society and after availing the loan he has not turnup to the society.  But in the objection file by the O.P.1, 4 and 7 they themself at para 4 page 2 contended that “it is false to allege that the complainant has taken the loan of Rs.90,000/- by pledging the deposit receipt on 21/8/2010. But the complainant in the complaint admits the loan of Rs.90,000/- and shown the calculation at para No.10A but the O.Ps. denied the same. These itself shows that the O.Ps. are very much negligent at the time of filing their objection itself. The complainant file the list of documents wherein one of the document is the loan bond availed by the complainant.

9) Grievance of the complainant is that after maturity inspite of the demands made the amount remained unpaid. The complainant prior to filing of this complaint had issued legal notice through his counsel to all O.Ps. This fact is stated in the affidavit and considering the entire facts, it is proved that inspite of the demands made the amount remained unpaid and the said act of the O.Ps. amounts to deficiency in service.

10) Taking in to consideration of various aspects and the decision of the Hon’ble Apex Court reported in (2011) SCCR 268 as well as Hon’ble Apex Commission in a ruling reported in 2013 (2) CPR 574 as well as the purpose and object of the Act, absolutely it is just and necessary to impose heavy cost on daily basis if order remains uncomplied within period fixed for compliance of the order, so as to have feeling and pinch.

11) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The O.P’s. represented by the Chairman and secretary and directors as shown in the cause title jointly and severally are hereby directed to pay total sum of Rs.47,000/- to the complainant as admitted in the reply to the legal notice dated : 21/02/2014 with interest at the rate of 9% P.A. from 25/5/2012 till realization of the entire amount.

          So also, O.P’s. represented by the Chairman and secretary and directors as shown in the cause title jointly and severally are hereby directed to pay a sum of Rs.10,000/- to the complainant towards compensation and costs of the proceedings.

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

          If the order is not complied within 30 days the O.P’s. represented by the Chairman and secretary and directors as shown in the cause title jointly and severally are hereby directed to pay to the complainant a sum of Rs.50/- per day till compliance of the order.

(Order dictated, corrected & then pronounced in the Open Forum on this 15^th day of June 2015).

Member                    Member                    President.

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