IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI, AT BELAGAVI.
Dated this 17th day of August, 2016
Complaint No.188/2016
Present: 1) Shri. B.V.Gudli, President.
2) Shri. V.S. Gotakhindi Member
3) Smt. Sunita Member
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Complainants:
1) Smt. Vimala W/o. Shivanand Dabannavar,
Age: 52years, Occ: Household work,
R/o: Hubbarawadi,
Tq: Raibag, Dist.Belagavi.
2) Sri. Sajay S/o.Shivanand Dabannavar,
Age: 28years,
R/o: Hubbarawadi,
Tq: Raibag, Dist.Belagavi.
3) Sri. Vijay S/o.Shivanand Dabannavar,
Age: 24years,
R/o: Hubbarawadi,
Tq: Raibag, Dist.Belagavi.
4) Smt. Pushpa W/o. Adiveppa Jinarale,
Age: 26years, Occ: Household work,
R/o: Hubbarawadi,
Tq: Raibag, Dist.Belagavi.
(By Sri. S.R.Kawali & Smt.G.S.Kawali, Advocate).
V/s.
Opponents:
1) Shri. Beereshwar Co-Op Credit Society Ltd.,
Raibag, Tq: Raibag, Dist.Belagavi.
2) The Chairman,
Shri. Beereshwar Co-Op Credit Society Ltd.,
Raibag, Tq: Raibag, Dist.Belagavi.
3) The Secretary/Manager,
Shri. Beereshwar Co-Op Credit Society Ltd.,
Raibag, Tq: Raibag, Dist.Belagavi.
(O.Ps. are placed ex-parte.)
(Order dictated by Smt. Sunita, Member)
ORDER
U/s.12 of the C.P. Act, complainants have filed the complaint against the O.Ps. alleging deficiency in service of non payment of the amount laying in S.B. Account.
2) In-spite of service of notice O.Ps. remained absent. Hence placed as ex-parte.
3) In support of the claim in the complaint, complainants have filed affidavit, original S.B. Account Passbook and other documents are produced by the complainants.
4) We have heard the argument of the complainant’s counsel and perused the records.
5) Now the point for our consideration is that whether the complainants have 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.
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7) On perusal contents of the complainants and affidavit filed by the complainants, the opponent society had offered to pay the better rate of interest and on the assurance of the opponent society deceased Shivanand Aparai Dabbannavar has opened the S.B. account No.903 in OPs. society and on 09/01/2009 the outstanding balance amount is of Rs. 1,39,974/-, who is the husband of the complainant No.1 and the father of the complainant No. 2 to 4. The complainants further alleged that the deceased SB Account holder was the Member of the OP Society & for that OP society have received an amount of Rs.20,000/- from him as the share amount. The complainants alleged that, number of times the husband of the complainant No.1 and the father of the complainant No. 2 to 4 i.e. original S.B. account holder approached the society and requested to the OPs. society to release the said amount but the opponent society not released the amount. The complainants further alleged that, on 06/12/2012 the original SB account holder died and the legal heirs of the account holder i.e. the present complainants have approached and requested to opponents society to release the S.B. amount after furnishing all the documents several times but the opponents went on postponing the same by assigning one or other reasons.
9) Lastly fed up with the opponents behavior they had issued legal notice through his advocate on 30/03/2016 calling upon the opponents for the immediate release of amount lying in S.B. account with interest, but the O.Ps. did not replied the notice and also failed to make the payment. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986.
10) On perusal of the contents of the complainants they have produced five documents which are marked as Original Pass Book as Ex.P 1, Certified copy of legal heirship certificate as Ex.P 2, Certified copy of death certificate as Ex.P 3, Office copy of legal notice as Ex.P 4 and the acknowledgement as Ex.P 5. On perusal of the documents produced by the complainants the passbook is standing in the name of the deceased Shivanand Aparai Dabbannavar who is the husband of the complainant No.1 and the father of the complainant No. 2 to 4 and the complainants are the legal heirs of the deceased Shivanand Aparai Dabbannavar has to be believed and accepted. On perusal of the complaint reveals that the complainants pleaded in their complaint that the deceased SB Account holder was the Member of the OP society & for that the OP society have received Rs.20,000/- from him as share amount. But for support of this contention the complainants have not produced any single document. But in the present complaint though the notices are served on OPs, the OPs remained exparte and in regards to the allegations of share amount Rs.20,000/- even there is no document produced by the complainants, but it has been contended in the affidavit which is duly sworn. Therefore to disbelieve the allegation of the complainants there is no defense putforth by the OPs. On perusal evidence affidavit of the complainants, the deceased original S.B. account holder and the present complainants approached to the O.Ps. society several times and requested the opponents to return the amount lying in the S.B. account and till today the opponents have not paid the amount lying in S.B. account. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. Therefore it is well settled legal position that non payment of the amount lying in S.B. account, amounts to deficiency in service.
12) 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’s have been proved.
13) 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.
14) Accordingly, following order.
ORDER
The complaint is partly allowed.
The O.P’s. represented as shown in the cause title are hereby directed and liable to pay the amount of Rs.1,39,974/- lying in the S.B. account No. 903 to the complainants along with future interest at the rate of 4% P.A. from 10/01/2009 till realization of the entire amount.
Further the O.P’s. represented as shown in the cause title are hereby directed and liable to pay the amount of Rs.1,39,974/- lying in the share amount of Rs.20,000/- to the complainants.
Further, the O.P’s. represented as shown in the cause title are hereby directed and liable to pay a sum of Rs.3,000/- to the complainants towards costs of the proceedings.
If the order is not complied within stipulated period, O.Ps. represented as shown in the cause title are hereby directed and liable to pay a sum of Rs.50/- per day to the complainants 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: 17th day of August 2016)
Member Member President.
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