Karnataka

Belgaum

CC/617/2015

Amruta A Ammannavar - Complainant(s)

Versus

President of Shri Shivsagar Multipurpose Sou Saha Ltd. - Opp.Party(s)

S M Gavade

12 Apr 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.617/2015

Date of filing 18/12/2015

                                                                  Date of disposal: 12/04/2017

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.

 

 

 

COMPLAINANT   -

Mrs.Amruta Anilkumar Ammannavar, Age: 44 Years, Occ: Household, R/o: R.K. Colony, Near Sai Mandir, Chikodi, Dist. Belagavi.                      (Rep. by Shri.S.M.Gavade, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.           2.

The President, Shri Shivasagar Multipurpose Souhard Sahakari Ltd., Udapudi, Tq: Ramdurg having its Branch at Gokak, Tq: Gokak, Dist. Belagavi.   The Secretary, Shri Shivasagar Multipurpose Souhard Sahakari Ltd., Udapudi, Tq: Ramdurg having its Branch at Gokak, Tq: Gokak, Dist. Belagavi.                          (Rep. by Sri.S.R. Sakri, Adv.                                        for Op.No.1 & 2)

 

JUDGEMENT

 

By  Sri.A.G. Maldar, 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 an amount of Rs.1,28,042/- alongwith future interest @15% p.a. from 01.07.2015 till realization and compensation of Rs.50,000/- and any other reliefs.

 

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

 

          The case of the complainant that, the complainant is not member of OPs Society and as customer of the Ops and as such the complainant had deposit his F.D amount with Ops society educational purposes of his child. The details of amounts deposited as shown below:-

 

Sl. No.	FDR No.	Amounts Deposited	Date of Deposit	Maturity	Rate of Int.
01	000463	29,063/-	14.01.15	30.06.15	15 %
02	000464	31,242/-	26.09.14	30.06.15	15 %
03	000465	27,188/-	14.01.15	30.06.15	15 %
04	000466	27,187/-	15.01.14	30.06.15	15 %

 

          The complainant is seriously and is being in dire need of finance and approached chairman for withdrawal of the maturity deposits, but, President and Secretary at Souharda was able to make the remittance of the paltry amounts of deposits.

 

          It is further contended that, the non-disbursement of maturity claims on demand for educational purposes of his child is serious deficiency and the opponents are not making disbursement. The complainant has suffered mental agony. The complainant is ready to take amounts as per policies of society for maturity withdrawals of deposits. Hence, the complainant has constrained to file this complaint.  

 

3.      After issue of notice to the Opponents. The Op.No.2, has appeared through his Counsel and resisted the claim of the complainant by filing his written version and Op.No.1 has filed memo stating that, the written version of Op.No.2 adopt the same.

 

The OP.No.2 further contended in the written version that, the main contention of the OP is that, the complainant has not approached to the Sahakari/society and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainant is not entitle for the interest as agreed in the complaint and therefore, the OP prayed to dismiss the complaint.

 

 4.     The Complainant has filed his affidavit in support of his claim and produced one document i.e. Original F.D. Receipts, for sake of our conveniences, we have marked as Ex.P-1. On the other hand, the OP.No.2 has filed his affidavit and not produced any documents. Heard the argument on both sides.

 

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

 

01.Whether the complainant has prove that there is deficiency in service on the part of the OPs for not settling/refunding the  F.D. amount?

 

02. What order?

 

 

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

 

 

01. Point No.1  in the Affirmative.

02. As per final Order.

 

 

 

R E A S O N S :-

 

6.      Point No.1:  We have gone through the pleadings, affidavit evidence, written version and as well as documents on records. It is admitted fact that, the complainant is customer of the Ops society. The Ops society have issued F.D. receipts to the complainant, the said documents of Original F.D. receipts are marked as Ex.P-1. Further, the case of the complainant is that, several times approached to the OPs society and requested to refund the F.Ds. amounts, but the Opponents society failed to pay the matured F.Ds. amount. Inspite of repeated requests, the opponents have not bothered to return the complainant F.Ds. matured amount, these acts of the Ops, it amounts to deficiency of service on the part of the Ops.

 

The main contention of the OPs that, the complainant has not approached to the society and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainant is not entitle for the interest as agreed. For that proposition, the OPs have not produced any cogent and material evidence and document to hold that, the complainant has not approached to the OPs society. Therefore, the OPs have failed to establish as stated in the written version. Therefore, the contention of the OPs cannot be hold good and it is not acceptable.

 

Moreover, the above said F.Ds. amount has not been denied by the OP except the contents taken in the written version, as to KYC norms and interest. Therefore, in our considered view that, on perusal of the contents of the affidavit evidence and documents produced by the complainant, the OPs failed to refund the above said F.Ds amount as well as interest to the complainant. The OPs violated the terms of the contract to pay interest as promised to the complainant, it amounts to deficiency in service as contemplated under the C.P. Act - 1986.

 

It is a duty of the OPs that, after the maturity of F.Ds. amount a mandatory duty on the part of OPs to disburse or settle the F.Ds. amount, The F.Ds. which were fixed by the complainant in Ops society, but the OPs failed to pay F.Ds. maturity amount and one or the other reason dragging and alleging untenable contention is amounts to deficiency of service on the part of OPs.

 

When, the OPs Society not refunding the respective F.Ds. maturity amount to the complainant, even after completion period of maturity, it amounts to deficiency of service on the part of the Ops. For that proposition, we would like to relied a decision of Hon’ble Tamil Nadu State Consumer Disputes Redressal Commission, Chennai reported in 2010 (1) CPR 62. It has been held that, non-refund of maturity of F.D. amount, it amounts to deficiency of service on the part of the Ops attracting Sec.2(1) (g) of C.P. Act 1986. Therefore, the complainants are entitled to receive the respective F.D. maturity amount as per the F.D. receipts with interest @ 6 % p.a. from the date of maturity till realization.  Hence, due to non-payment of F.Ds. matured amount by the OPs is 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. Added to this we also award litigation expenses of Rs.1,000/- to the complainant. Hence, we answer to Point No.1 in affirmative. Accordingly, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

O R D E R

 

For the reason discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

 

The OP.No.1 & 2 are hereby directed to pay the respective F.Ds amounts as agreed rate of interest ( in F.D.Nos.000463, 000464, 000465 and 000467) and further the OP.No.1 & 2 are directed to pay with interest @ 6 % p.a. after the maturity dates i.e. 30.06.2015 till realization to the complainant. 

 

 

The Opponent No.1 & 2 also hereby directed to pay compensation of Rs.2,000/- and Rs.1,000/- towards cost to the  complainant within 10 weeks from the date of this order, failing to  which liable to pay Addition interest @ 2 % p.a. from the date of complaint i.e. on 18.12.2015 till final realization.

 

                      (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 12^th day of April, 2017).

 

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.