Karnataka

Belgaum

CC/43/2015

Vishnu G Sarda - Complainant(s)

Versus

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

D H Choudhari

15 Feb 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.40 to 45/2015

Date of filing 22/01/2015

                                                                   Date of disposal:15/02/2017

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.

 

 

COMPLAINT NO.40/2015

 

 

COMPLAINANT   -

Shri.Dilip Appasaheb Sarda, Age: 48 Years, Occ: Business, R/o: 737, Narvekar Galli, Shahapur, Belgaum.                   (Rep. by Shri.D.H.Choudhari, Adv.)

 

 

COMPLAINT NO.41/2015

 

 

COMPLAINANT   -

Sou.Sarita Vishnu Sarda, Age: 50 Years, Occ: Household, R/o: 1281/E, Ganesh Marg, Hindwadi, Belgaum.                   (Rep. by Shri.D.H.Choudhari, Adv.)

 

 

COMPLAINT NO.42/2015

 

 

COMPLAINANT   -

Sou.Yogeshwari Dilip Sarda, Age: 42 Years, Occ: Household, R/o: 737, Narvekar Galli, Shahapur, Belgaum.                   (Rep. by Shri.D.H.Choudhari, Adv.)

 

 

 

COMPLAINT NO.43/2015

 

 

COMPLAINANT   -

Shri. Vishnu Gopaldas Sarda, Age: 53 Years, Occ: Business, R/o: 1281/E, Ganesh Marg, Hindwadi, Belgaum.                   (Rep. by Shri.D.H.Choudhari, Adv.)

 

COMPLAINT NO.44/2015

 

 

COMPLAINANT   -

Sou. Namrata Vishnusa Latkan, Age: 33 Years, Occ: Household, R/o: 129, Sambhaji Road, Khasbag, Belgaum.                   (Rep. by Shri.D.H.Choudhari, Adv.)

 

COMPLAINT NO.45/2015

 

 

COMPLAINANT   -

Kumari Prapti Vishnusa Latkan, Age: 11 Years, Occ: Student, Rep. by her Natural Guardian Father Shri. Vishnu Subhash Latkan, Age: 38 Years, Occ: Business, R/o: 129, Sambhaji Road, Khasbag, Belgaum.                   (Rep. by Shri.D.H.Choudhari, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.

The Chairman, Shree Aashraya Souharda Credit Society Ltd.,1st Floor, Arjun Sankal, Dane Galli, Shahapur, Belgaum.   The Manager, Shree Aashraya Souharda Credit Society Ltd.,1st Floor, Arjun Sankal, Dane Galli, Shahapur, Belgaum.                        (Rep. by Sri. S.R. Sakri, Adv.)

 

By  Sri.A.G. Maldar, President.

 

COMMON JUDGEMENT

 

 

1.      All these complaints were filed by the complainants under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directing them to pay the claim amounts with interest and future interest till complete realization and compensation of Rs.50,000/- each of the complainant and any other reliefs deemed fit under the circumstances of these cases.

 

2.      Since the common question of law and facts involved in these complaints, they were taken-up together for disposal by the Common Judgments by this Forum.

 

          The brief facts leading to these complaints are that,

 

The case of the complainants are that, the complainants have kept fixed deposit and savings account amounts in the OPs Society, and OPs society have offered to pay better rate of interest and as such the complainants have kept fixed deposits and Savings account amounts with Ops society. The details of amounts deposited as shown below:-

 

In COMPLAINT NO.40/2015

 

 

Sl. No.	S.B. A/c No.	Date of Dep.	S.B A/c Balance as on 29.03.14.
01.	632/45	29.06.2011	Rs.2,29,180/-

 

 

 

 

In COMPLAINT NO.41/2015

 

 

Sl. No.	F.D. No.	A/c No.	Date of Dep.	Deposit Amount	Date of Maturity	Maturity Amount	Rate of Int.
01	11FD 2107	3167/31	20.08.13	Rs.107710/-	31.03.14	Rs.114291/-	10%
02	11FD 2115	3175/31	07.10.13	Rs.55439/-	06.04.14	Rs.58188/-	10%

 

In COMPLAINT NO.42/2015

 

 

Sl. No.	F.D. No.	A/c No.	Date of Dep.	Deposit Amount	Date of Maturity	Maturity Amount	Rate of Int.
01	11FD 2109	3169/31	20.08.13	Rs.107710/-	31.03.14	Rs.114291/-	10%
02	11FD 2117	3177/31	07.10.13	Rs.55439/-	06.04.14	Rs.58188/-	10%

 

In COMPLAINT NO.43/2015

 

 

Sl. No.	S.B. A/c No.	Date of Dep.	S.B A/c Balance as on 29.03.14.
01.	623/45	29.06.2011	Rs.2,29,180/-

 

 

 

 

In COMPLAINT NO.44/2015

 

Sl. No.	Masik Vetan Yojana A/c No.	Date of Dep.	Deposit Amount	Date of Maturity	Maturity Amount	Rate of Int.
01	162	20.04.10	Rs.100000/-	20.04.14	Rs.100000/-	12.6%
02	164	20.04.10	Rs.100000/-	20.04.14	Rs.100000/-	12.6%

 

 

Sl. No.	S.B. A/c No.	S.B A/c Balance as on 17.06.14.
01.	252/45	Rs.2,29,180/-

 

 

 

 

In COMPLAINT NO.44/2015

 

Sl. No.	Masik Vetan Yojana A/c No.	Date of Dep.	Deposit Amount	Date of Maturity	Maturity Amount	Rate of Int.
01	167	20.04.10	Rs.100000/-	20.04.14	Rs.100000/-	12.6%
02	166	20.04.10	Rs.100000/-	20.04.14	Rs.100000/-	12.6%

 

 

Sl. No.	S.B. A/c No.	S.B A/c Balance as on 17.06.14.
01.	252/45	Rs.2,29,180/-

 

 

 

 

It is further complainants contended that, the complainants have requested to refund their F.Ds amount and S.B. A/c amounts. But, the OPs society postponed the same by giving one or the other reasons. Inspite of repeated request, the OPs have failed to refund the above said F.Ds amount and S.B. A/c amount to the complainants and thereby OPs committed the deficiency of service as contemplated under the provision of C.P. Act.

 

          It is further case of the complainants that, the complainants have got issued demand letter dtd:08.07.2014 to the Ops to refund the respective F.Ds amount and S.B. A/c amounts, but OPs did not even care to return the respective F.Ds amount and S.B. amounts. Lastly, the complainants have got issued legal notices to the OPs through their Counsel on dtd:27.01,2015 and notices were duly served to the OPs. But, the OPs have neither replied nor complied with said notices. Hence, the complainants have constrained to file these complaints.  

 

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 has filed memo stating that, the written version of Op.No.1 adopt the same.

 

The OPs further contended in the written version that, there are no deficiencies of services on the part of the OPs and main contention of the OP is that, the complainants have not approached to the Sahakari/society with required documents to operate the account and deposits are under scanner of being fake as there has been large scale misappropriation by the Ex.General Manager, using the official stationary of the society and further the complainant have 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 complaints and therefore, the OP prayed to dismiss the complaints.

 

 4.     The Complainants have filed their affidavits in support of their claim and produced Original S.B. A/c passbook, Xerox copy of F.D. Counter Slip, Copy of legal notices, Postal Acknowledgements and receipts, for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-5. On the other hand, the OP.No.1 has filed his affidavit and not produced any documents. Heard the argument on both sides.

 

At the time of argument of Counsel of complainants, the Counsel of the complainants filed memo stated that, the Share Certificate of the complainants kindly be returned and not claiming Share Certificate amount, in view of the said memo, we have given direction to the office that, return the Original Share Certificate to the complainants by obtaining certified copy of the same. Hence, claim of Share Certificate is rejected.  

 

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

 

 

 

01.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.Ds amount and S.B. A/c amount?

 

02. What order?

 

 

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

 

 

01. Point No.1  in the Affirmative.

02. As per final Order.

 

 

R E A S O N S :-

 

6.      Point No.1 : We have gone  through the pleadings of both parties, affidavit evidence and as well as documents on record. It is admitted fact that, the complainants have kept fixed deposit and amount in S.B. A/c to secure their future and made deposit to the OPs society.

 

On perusal of affidavit evidence of the complainants and the document produced by the complainants i.e. the F.D receipts and Original pass book of S.B. A/c which is marked as Ex.P-1. The claim of the complainants in respect of above said F.Ds amount and S.B. A/c amounts, though the complainants are depending on said FDs amount and interest accrued on FDs, to lead the life and for his livelihood and it is very difficult for lead the life in the absence of the FDs amount and interest.

 

The Ops have failed to refund the F.Ds amount and S.B. A/c amount with the interest as promised and assured to the complainants, when the complainants have approached to the Ops society and request for refund the above said amount, despite request and even the OPs society is not ready to give the respective F.Ds amount and S.B. A/c amounts. Hence, these attitude and acts of the Ops, it amounts to deficiency of service on the part of the OPs society as contemplated under the C.P. Act 1986.

 

The Ops contended and put forth that, in their written version in these cases and taken contention in written version that, the complainants have not approached to the 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.

 

The Contention of the Ops as alleged in the written version as well as affidavit evidence are not established by leading a supporting affidavit evidence and the OPs have not produced any cogent and material evidence and document to hold that, the complainants have not approached to the OPs society and as alleged in the written version towards misappropriation by the Ex.General Manager, using the official stationary of the society and further the complainant have 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. Therefore, the OPs have failed to establish as stated in the written version and in our consider view, the contention of the OPs cannot be hold good and it is not acceptable and no merit at all and further also the Ops have not taken any action against the said persons as alleged and even there is no any criminal complainant against those persons who have indulge in the misappropriation as alleged by the OPs. So, the Ops have failed to substantiate as contended in written version, affidavit evidence and oral argument.   

 

 Moreover, the above said F.D. amount and amount in S.B. A/c is not been denied by the OPs except the contents taken in the written version, as to KYC norms and interest. Therefore, in our considered view that, on perusal of the contents of the affidavit evidence and documents produced by the complainants and notices were issued through their counsel, after service of said notices, the Ops did not heed the request of complainants and failed to pay the respective F.Ds amount and S.B. A/c amounts as well as interest to the complainants. Therefore, it is prima facia to shows that, the OPs violated the terms of the contract to refund the FDs amount and pay the interest as promised to the complainants, these attitude of the Ops are  amounts to deficiency in service on the part of the OPs.

 

It is a duty of the OPs that, the OPs ought to have paid or settled the F.Ds amount as well as S.B. amount as per pass book balance of complainants and further it is the right of the complainants that, the respective F.Ds amount with interest @ 8 % p.a. from the date of maturity and S.B. A/c amounts with interest @ 6 % p.a. from the date of balance till realization. Hence, in our considered opinion that, the Ops not only liable to pay the respective F.Ds amount and S.B. A/c amounts, but they are also liable to pay compensation of Rs.2,000/- towards inconvenience and mental agony and Rs.1,000/- towards cost of litigation to the each complainant, with this we answer to Point No.1 in partly Affirmative. Accordingly, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

O R D E R

 

For the reason discuss above, the complaint filed by the complainants U/s 12 of the C.P. Act – 1986 in Complaint Nos.40/2015, 41/2015, 42/2015, 43/2015, 44/2015 and 45/2015 are here by partly allowed with costs.

 

 

The OP.No.1 & 2 are hereby directed to pay the respective F.Ds amounts with interest @ 8 % p.a. from the date of maturity till realization to the complainants in C.C.No.41/2015 & 42/2015.

 

The OP.No.1 & 2 are hereby directed to pay the respective F.Ds amounts with interest @ 8 % p.a. from the date of maturity till realization and also pay the respective S.B. A/c amount with interest @ 6% p.a. from the date of balance i.e. 03.06.2014 till realization to the complainants in C.C.No.44/2015 & 45/2015.

The OP.No.1 & 2 are hereby directed to pay the respective S.B. A/c amounts with interest @ 6 % p.a. from the date of balance i.e. 29.03.2014 till realization to the complainants in C.C.No.40/2015 and C.C.No.43/2015. 

 

 

 

Further, the Opponent No.1 & 2 also hereby directed to pay compensation of Rs.2,000/- and Rs.1,000/- towards cost of each complainant within 8 weeks from the date of this order, failing to  which liable to pay Addition interest @ 2 % p.a. from the date of complaints i.e. 22.01.2015 till final realization.

 

Keep the Original Judgement in Complaint.No.40/2015 and copies thereof in other complaints for ready reference.

         

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 15^th day of February, 2017).

 

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.