Karnataka

Belgaum

CC/81/2016

Anuradha S Anvekar - Complainant(s)

Versus

Ramesh G Shiragavi. Chairman. The Belagavi Liberal Cr Sou Co-Op Ltd - Opp.Party(s)

Raghavendra K

29 Apr 2016

ORDER

(Order dictated by Shri. B.V.Gudli, President)

ORDER

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

          2) In-spite of service of notice O.Ps. remained absent. Hence placed ex-parte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.R., is produced by the complainant.

          4) We have heard the argument of the complainant counsel and 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.P. 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 perusal contents of the complainant and affidavit filed by the complainant. The opponents Souharda had offered to pay the better rate of interest and as such the complainant had invested the money in form fixed deposit scheme. She has deposited the following sum with opponents details are as below;

SL.No.	FDR No.	Date of Deposit	F.D. Amount	Maturity Date	Maturity Amount	Interest
1	04677	16/6/2011	2,00,000/-	16/7/2012	2,28,167/-	13%

 

          The complainant requested the opponents to return the matured amount, inspite of that opponents went on postponing the same by assigning one or other reasons. In-spite of that the opponents did not return the F.D.R. amount to the complainant. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

8) On perusal documents F.D.R. produced by the complainant he had deposited a sum of Rs.2,00,000/- on 16/6/2011, said F.D.R. was matured on 16/7/2012 and the agreed rate of interest was 13%. F.D.R. is standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.R. the opponents has not paid F.D.R. amount. The complainant in his complaint at page 2 para No.3 submits that the complainant has received interest on F.D. from 16/7/2011 to 16/9/2014 and the opponents deposited the said in complainant’s S.B.A/c. No.690. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. The complainant in his prayer contends that the complainant is entitled for amount deposited Rs.2 lakhs and interest from 16/9/2014 at the rate of 13%.  It is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

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

          10) Accordingly, following order.

ORDER

          The complaint is partly allowed.

The O.Ps. represented by the Chairman, Vice Chairman and General Manager/C.E.O./Secretary are hereby directed and liable to pay deposited amount of Rs.2,00,000/- in respect of F.D.R. No.04677 to the complainant with future interest at the rate of 9% P.A. from 17/9/2014 till realization of entire amount.

          Further, the O.Ps. represented by the Chairman, Vice Chairman and General Manager/C.E.O./Secretary are hereby directed and liabe to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.

          If the order is not complied within stipulated period, O.Ps. are hereby directed to pay a sum of Rs.50/- per day to the complainant from the date of disobedience of order, till the order is complied.

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

 (Order dictated, corrected and then pronounced in the open Forum on: 29^th day of April 2016)

Member                Member                    President.

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