Karnataka

Belgaum

CC/277/2014

Ruturaj V Delekar - Complainant(s)

Versus

Represented by Chairman And board of Directories of Janavikas Co Op Cr Scty Ltd - Opp.Party(s)

P S Bennalkar

18 May 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 matured F.D.R.

          2) The objections are filed by the O.Ps. 1J and 1H others O.Ps. remained absent and placed exparte. O.Ps.1J and 1H have denying deficiency in service and contending that the allegations are false and the complaint is no way concerned to O.P. O.P. No. 1J contended in objection that the complainant has made him unnecessary party even he is no way concerned with the affairs and functioning of the society as he has resigned on 12/12/2010 and his resignation is accepted by the society by passing resolution dated 12/12/2010 and prayed to dismiss the complaint.

          3) In support of the claim in the complaint, the complainant has filed affidavit and produced original F.D.Rs. On the other hand, for O.P. No.1J and 1H have filed their affidavit along with certain documents.

          4) We have taken the arguments for complainant and O.Ps., as heard and  we have perused the records and proceeded to pass the order.

          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) Oral and documentary evidence on record establish that the complainant kept the amount in fixed deposit under F.D.R.No.448 and 449 and A/c. No.260, 261 with the O.P society a sum of Rs.25,000/- each on 12/10/2007 for a period of 5 years, 9 months and maturity values is Rs.50,000/- each and maturity date was 13/7/2013 respectively.

         

8) The facts mentioned above are pleaded in the complaint and stated by the complainant in affidavit. That statement is supported by the original F.D.Rs.        

9) Grievance of the complainant is that, after maturity deposited amount remained unpaid inspite of the demands made. This fact is pleaded in the complaint and stated by the complainant in the affidavit. Thus, the evidence establish that inspite of the demands made, after maturity, the amount remained unpaid. It amounts to deficiency in service.

10) O.P. No. 1J contended in objection that the complainant has made him unnecessary party even is no way concerned with the affairs and functioning of the society as he has resigned on 12/12/2010 and his resignation is accepted by the society by passing resolution. Further, O.P.1J has also contended that in his objection that he is no way concerned with the O.P. Society. But this O.P. has not produced document to show that his resignation is accepted by the society or by the concerned authority. O.p.1H contended that the Secretary of the society is the chief administrative officer of the society and is incharge of the day today affairs of the society and this present O.P. has nothing to do with day today affairs of the society. Further he contended that the complainant has not issued any legal notice this O.P. and nor as brought this fact to the to her notice, hence on this ground itself the complaint deserve to be dismissed. The O.P. 1H has not produced a single document to show that the secretary is incharge of the society and he is looking day to day affairs of the society. Mere allegations in the objections and affidavit cannot be accepted.

11) 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.

          12) Accordingly, following order.

ORDER

          The complaint is partly allowed.

The O.Ps. as shown in the cause title jointly and severally are hereby directed to pay Rs.50,000/- each to the complainant in respect of F.D.R. No.448, 449 and A/c. No.260, 261 with interest at the rate of 8% P.A. from 13/7/2013 till realization of the entire amount.

Further, The O.Ps. as shown in the cause title jointly and severally are hereby directed to pay a sum of Rs.2,000/- to the complainant towards costs of the proceedings.

Order shall be complied within one month from the date of the order.

 If the order is not complied within stipulated period, O.Ps. jointly and severally 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.

(Order dictated, corrected and then pronounced in the open Forum on: 18^th day of May 2015).      

 

 Member           Member                    President

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