Karnataka

Belgaum

CC/433/2015

Makdumhussain B Mujawar - Complainant(s)

Versus

Salimkhan S Pathan. Chairman Of Millat Co-Op Cr Scty Ltd - Opp.Party(s)

S.R.Sakri

09 Mar 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 S.D. amount.

          2) After the service of notice O.P.No.1 appeared through counsel but did not filed objection and affidavit. O.Ps. No.2 to 9 have remained absent. Hence they have placed ex-parte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original Passbook 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 contends of the complainant and affidavit filed by the complainant. The complainant is a retired government Employee and sustaining himself on paltry pension and has to take care of his medical needs, on believing the words of the opponent opened the S.D. Account No.6239 in the opponent society and the S.D. account shows the balance amount of Rs.3,11,145/- as on 31/3/2011. The opponents assured the complainant to return the Saving Deposit amount with interest. The Opponent assured to complainant that, the complainant will get good returns from the S.D. account. As per promise of the opponents the complainant had opened the S.D. account. But the opponents failed to make entries of the interest of the said account which is compoundable half year on 30^th September and 31^st March. The complainant further submit that the O.Ps. are not allowing the complainant to operate the S.D. account.   Thereafter, the complainant personally went and requested the opponents society but the Opponents did not pay the S.D. amount with interest. The said amount was required for the complainant for his livelihood. Hence complainant constrained to file this complaint against opponent society. Lastly fed up with the opponents behavior he has issued legal notice through his advocate on 6/8/2015. After the service of notice the opponents have not replied the notice or paid the Savings Deposit with interest.

          8) On perusal evidence affidavit of the complainant and document produced by the complainant, S.D. Account is standing in the name of complainant and complainant had deposited amount of Rs.3,11,145/- as on 31/3/2011 in the Opponent society. Inspite of the repeated requests and demands made by the complainant, the O.Ps. have not paid the amount with interest and also not allowing to operate the said S.D. account. In present case, after service of the notice to O.Ps. O.P.No.1 appeared through counsel but did not file objection and affidavit and O.Ps. 2 to 9 have remained absent. Hence placed ex-parte. On perusal contents of the affidavit and document produced by the complainant the complainant has proved 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) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.P. has been proved.

ORDER

          The complaint is partly allowed.

The Opponents are jointly and severally hereby directed and liable to pay the outstanding balance of Rs.3,11,145/- to the complainant in respect of S.D. Account No.6239 along with future interest at the rate of 4% P.A. from 1/4/2011 till realization of the entire amount.

          Further, the Opponents are jointly and severally hereby directed and liable to pay a sum of Rs.2,000/- to the complainant 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 complainant from the date of disobedience of order, till the order is complied.

 (Order dictated, corrected and then pronounced in the open Forum on: 9^th day of March 2016)

Member                Member                    President.

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