Karnataka

Belgaum

CC/282/2015

Shainaji B Nadaf - Complainant(s)

Versus

S C Ingalgi. Liquidator for Katkol Co-Op Bank Ltd - Opp.Party(s)

Ravi N Shastri

22 Mar 2016

ORDER

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

 

ORDER

            The complainants have filed the complaint u/s.12 of the C.P. Act against the O.Ps. alleging deficiency in service of non payment of the amount of the Balance Certificate.

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

          3) In support of the claim made in the complaint, the complainant has filed his affidavit and produced certain documents. We have heard the arguments and perused the records.

          4) 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?

          5) Our finding on the point is partly in affirmative for the following reasons.

:: R E A S O N S ::

 

          6) The complainants alleged that the husband of complainant No.1 and father of complainant No.2 to 4 had kept fixed deposit with the O.P. bank and the total amount that he was entitled to is shown in the balance certificate issued by the Liquidator to the husband of complainant No.1 and father of complainant No.2 to 4. The Liquidator has paid part amount to the husband of complainant No.1 and father of complainant No.2 to 4 when he visited to the opponent Bank and same is mentioned in the said certificate and balance to be paid is also mentioned in his certificate. The amounts of balance according to certificate are mentioned in the table shown. For this, the O.P. bank Liquidator has issued balance certificate on the date. The original balance certificate is on record.

Sl. No.	D.I.C.G.C. Certificate No./ Letter Head	D.I.C.G.C. claim amount	D.I.C.G.C.  amount paid	Remaining Balance	Date of certificate
1	2	3	4	5	6
1	No.3, Claim No.19000	2,05,896	1,00,000	1,05,896	6/10/2014

The complainants requested the opponent to return the balance amount, in-spite of that opponent went on postponing the same by assigning one or other reasons. In-spite of that the opponent did not return the D.I.C.G.C. balance amount to the complainants. Hence opponent committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

7) These facts pleaded in the complaint and stated by the complainant are not disputed by the OP, as opponent is placed exparte. Hence, the said balance payable to the complainant by the OP bank is proved.

8) On perusal documents D.I.C.G.C. balance certificate produced by the complainants, husband of complainant No.1 and father of complainant No.2 to 4 deposited a sum of Rs.2,05,896/- on 6/10/2010 said balance certificate is standing in the name of the husband of complainant No.1 and father of complainant No.2 to 4. On perusal evidence affidavit of the complainants, the claim of the complainants that, inspite of the demands made the amount remained unpaid has to be believed and accepted. In-spite of receipt of the notice the O.P. failed to pay the amount nor reply to the said notice. After receipt of the notice opponent failed to appear before the forum. Hence there is deficiency in service on the part of opponent.

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 complaints are allowed.

          The O.P. Bank Liquidator is hereby directed to pay to the complainant/s as ordered below;

Sl. No.	D.I.C.G.C. Certificate No./ Letter Head	D.I.C.G.C. claim amount	D.I.C.G.C.  amount paid	Remaining Balance	Date of certificate
1	2	3	4	5	6
1	No.3, Claim No.19000	2,05,896	1,00,000	1,05,896	6/10/2014

 

The O.P.-Liquidator is hereby directed and liable to pay the balance amount to the complainants as mentioned in column No.5 with future interest at the rate of 8% P.A. from date mentioned in column No.6 till realization of the entire balance amount as per the certificate.

          Further, the O.P.-Liquidator is hereby directed to pay a sum of Rs.3,000/- to the complainants towards costs of the proceedings.

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

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 complainants from the date of disobedience of order, till the order is complied.

(Order dictated, corrected and then pronounced in the open Forum on: 22^nd day of March 2016)

Member                Member                            President.

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