Karnataka

Belgaum

CC/320/2015

Apparao V Bidikar - Complainant(s)

Versus

Shrikant R Mali. Chairman Of Shree Ashraya Sou Cr Scty Ltd - Opp.Party(s)

D G Bhat

25 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.320/2015

 

                     Date of filing: 01/07/2015

 

                                                                  Date of disposal: 25/01/2017

 

P R E S E N T :-

 

	(1)	Shri. A.G.Maldar, B.Com,LL.B. (Spl.) President.
	(2)	Smt.J.S. Kajagar, B.Sc. LLB. (Spl.)  Lady Member.

   

 

COMPLAINANTS      -

1.         2.

Shri.Apparao V. Bidikar, Age: 76 Years, Occ: Nil, R/o: “Laxmi Ravalnath”, Bldg, 9th Cross, Shastri Nagar, Belgaum.   Shri.Tukaram Apparao Bidikar, Age: 41 Years, Occ: Business, R/o: “Laxmi Ravalnath”, Bldg, Plot No.14B, Omkar Nagar, Khasbag, Belgaum.                            (Rep. by Shri.D.G.Bhat, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.               2.                 3.                   4.           5.               6.                 7.                 8.

Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rep. by its Chairman, Shri.Shrikant Rajaram Mali, Age: Major, Occ: Business, R/o: 157/29, Bhandur Galli, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rep. by its Director, Shri.Raju Shankar Shirodkar, Age: Major, Occ: Business, R/o: “Jayshankar”, Plot No.10, Opp: Mahaveer Garden, Hindwadi, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Baburao chodamani Mannolkar, Age: Major, Occ: Business, R/o: “Sai Krupa”, Plot No.B/1, Old P.B. Road, Khasbag, Belgaum.     Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Parashuram Laxman Kawale, Age: Major, Occ: Business, R/o: Pangul Galli, Belgaum.     Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri. Subhash Krishna Genji, Age: Major, Occ: Business, R/o: “Ashray Vihar, Hindu Nagar, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Ramkrishna Minaji Hadgal, Age: Major, Occ: Business, R/o: 3503, Hadgal Mansion, Narvekar Galli, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Vasu Arjun Raibagi, Age: Major, Occ: Business, R/o: 59/1B, “Arjun Nivas”, Near K.L.S. Scchool, Tilakwadi, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Badrinath Arjun Mirajkar, Age: Major, Occ: Business, R/o: “Manas Sarova” Apartment, Maratha Colony, Tilakwadi, Belgaum.        (Rep.by Sri. S.R.Sakri, Adv. for Op.No.1                                Op.No.2 to 8 Ex-parte.)

 

JUDGEMENT

 

By Smt.J.S. Kajagar, Lady Member.

 

 

1.      This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directed them to pay an amount of Rs.1,60,000/- alongwith future interest @18% with p.a. since 28.06.2015 till the date of payment and Rs.25,000/- towards Loss and Suffered and any other reliefs.

 2.     The facts of the case in brief are that;

 

          It is case of the complainants that, the complainant No.2 had deposited an amount of Rs.1,00,000/- in the name of his father i.e. Complainant No.1 the fixed deposit under Aashraya Dhanvrudhi Yojana bearing A/c No.807/38 on 11.05.2011 for a period of 15 months i.e. 11.05.2011 to 11.08.2012 with interests @10.5% p.a. and further the complainant had renewed the said deposit for another period of 19 months i.e. on 11.08.2012 to 11.03.2014 with interests @10.5% p.a. with maturity of Rs.1,34,869/- to the OPs society, after maturity of the same again the said fixed deposit was renewed on 22.05.2014 for a period of 1 year and maturity date is 21.05.2015.

 

It is further complainants contended that, after maturity period, the complainants requested the Ops to release his F.D. amount. But, the OPs society postponed the same by giving one or the other reasons. Hence, there is deficiency of service on the part of OPs. Hence, the complainants have constrained to file this complaint.  

 

3.      After issue of notice to the Opponents. The Op.No.1, has appeared through his Counsel and resisted the claim of the complainants by filing his written version and Op.No.2 to 8 neither appeared nor filed any version before this Forum, inspite of giving sufficient time. The Hon’ble Forum considered the OP.No.2 to 8 are placed Ex-parte.

 

The OP.No.1 contended in the written version that, the complainant No.2 is nowhere concerned to the deposit amounts and on perusal of the application for the deposit the signature as provided in this complainant is not tallying and seeking declaration regarding the admissibility of the signature is not deficiency in services and further contended that, the main contention of the OP is that, the complainants have not approached to the Sahakari/society and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainants are not entitle for the interest as agreed in the complaint and therefore, the OP prayed to dismiss the complaint.

 

 5.     Both the parties have filed their affidavits in lieu of evidence in support of their case. On behalf of complainants have produced 2 documents, for shake of our convenience we have marked as
Ex.P-1 & Ex.P-2. On behalf of OP.No.1 has not filed any documents. Heard the argument of both sides.

 

Now, the following points that arise for our consideration in deciding the case are;

 

 

 

1. Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling/refunding the payment of F.D. amount?

 

2.  What order?

 

6.      Our findings on the above points are as fallow;

 

 

1.  Point No.1  in the Affirmative.
2.  As per final Order.

 

 

R E A S O N S :-

 

7.      Point No.1:  We have gone through the pleadings, evidence of complainants and as well as documents on records. The Ops society established with an object to help the members of the said society. The Ops society has issued F.D. receipt to the complainant No.1, the said document of Original F.D. receipt which is marked as Ex.P-1, the case of the complainants are that, the complainant No.2 had deposited an amount of Rs.1,00,000/- in the name of his father i.e. Complainant No.1 the fixed deposit under Aashraya Dhanvrudhi Yojana bearing A/c No.807/38 on 11.05.2011 for a period of 15 months i.e. 11.05.2011 to 11.08.2012 with interests @10.5% p.a. and further the complainant had renewed the said deposit for another period of 19 months i.e. on 11.08.2012 to 11.03.2014 with interests @10.5% p.a. with maturity of Rs.1,34,869/- to the OPs society, the  said F.D. receipt produced before the Forum, which is already marked as Ex.P-1, several times approached the OPs and requested to refund the F.D. amount, but the OPs society failed to pay the matured F.D. amount, it amounts to deficiency of service on the part of the Ops.

 

Further, the case of the complainants are that, the complainants have claiming an amount of Rs.1,60,000/- for that proposition he has not produced any cogent document to hold that, the complainant No.1 is entitled for Rs.1,60,000/-. Hence, in our consider view that, the complainant No.1 has not entitled the claim amount, but as per FD receipt, which is already marked and it reveals that, the said maturity FD amount which has been maturity on 11.03.2014 for Rs.1,34,869/- and the said maturity has been not renewed, it is evident from the document which is already marked as Ex.P-1. Therefore, the complainant is entitled for of Rs.1,34,869/- under F.D. A/c. No. 807/38 with interest
@ 8% P.A. from the date of maturity i.e. 11.03.2014 till realization.

 

 

It is a duty of the OPs that, after the maturity of F.D. amount a mandatory duty on the part of OPs to disburse or settle the F.D. amount by giving the make good payment which was fixed by the complainants in Ops society, but the OPs failed to pay F.D. maturity amount and one or the other reason dragging and alleging untenable contention is amounts to deficiency of service on the part of OPs.  We would like to refer a decision of Hon’ble Tamil Nadu State Consumer Disputes Redressal Commission, Chennai in 2010 (1) CPR 62. Wherein the Hon’ble State Commission observe that, non-refund of maturity amount of F.D. amount, amounts to deficiency of service attracting Sec.2(1) (g) of C.P. Act and further observe that, Consumer Forum have jurisdiction to entertain complaint against the Co-Operative Societies.  In the law laid down by Hon’ble Supreme Court and National Commission regarding maintainability of complaint, it is aptly applicable to this case. 

 

Therefore, the complainant No.1 is entitled to receive the fixed deposited maturity amount as per the F.D. receipt amount of Rs.1,34,869/- with interest @ 8 % p.a. from the date of maturity till realization.  Hence, due to non-payment of F.D. matured amount by the OPs is caused mental agony and harassment to the complainants. In our considered view that, it is just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony. Added to this we also award litigation expenses of Rs.1,000/-. Hence, we answer to Point No.2 in partly affirmative. Accordingly, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

O R D E R

 

          For the reasons discussed above, the complaint filed by the complainants U/s.12 of the Consumer Protection Act, 1986 is hereby partly allowed with costs.

 

The OPs are hereby directed to pay the matured fixed deposited amount of Rs.1,34,869/- under F.D. A/c. No.807/38 to the complainant No.1 with interest @ 8% P.A. from the date of maturity i.e. 11.03.2014 till realization.

 

Further, the OPs are hereby directed to pay a sum of Rs.2,000/-  towards mental agony and Rs.1,000/-  being the cost of the litigation to the Complainant No.1.

 

          The order shall be complied within 10 weeks from the date of this order, failing to which the complainant No.1 is entitled to recover additional interest @ 1.5 % p.a. from the date of complaint i.e. 01.07.2015 till its realization.

         

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 25^rd day of January, 2017).

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.