BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.  28/2018
DATE OF FILING: 14/02/2018

                            Date: 06^th day of July, 2018

   P r e  s e n t: 

01) Smt.Sharada.K.                                                    President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                         Lady   Member…

                            B.A (Music)

                V/s

JUDGEMENT DELIVERED BY SMT.SHARADA.K., PRESIDENT

The Complainants have filed this complaint u/sec. 12 of Consumer protection Act, 1986 seeking direction to Opposite Parties (herein after referred in short as Ops) to pay Rs.5,45,207/- along with interest @ 18% p.a. from the maturity, Rs.5,00,000/- towards compensation, Rs.5,000/- towards cost of the proceeding and any other reliefs deems fit under the circumstances of the case.

2.   Brief facts of the case are as follows:

       The complainant filed this complaint against the OP’s alleging that the complainant No.1 is the wife of deceased Muttappa S/o. Chinnappa Konnur and Complainant No.2 is the daughter of the deseased Muttappa. The deceased Muttappa S/o.Chinnappa Konnur died on 23/06/2015 left behind the above said complainant and when Muttappa was alive he and the Complainant No.1 has jointly made the fixed deposit of Rs.5,00,000/- at Opponent Bank and the Opponent has issued the F.D. receipt as Akashaya Cash Certificate Receipt No. 261699 dated : 02/03/2015 and date of maturity on 02/03/2016. After the maturity on 02/03/2016 the opponent have to pay a sum of Rs.5,47,207/- to the complainant No.1 and deceased Muttappa S/o. Chinnappa Konnur who is the husband of Complainant No.1. Complainant No.1 approached to the O.P. with original F.D. receipt and death certificate of Muttappa S/o. Chinnappa Konnur and survivor certificate issued by Revenue Department. Opponent has postponed the same one to another pretexts.

 Further, complainant submits that this complainant issued the legal notice through his counsel on 19/10/2017 the legal notices was served to OP’s and OP’s not replied the said notice and refused to pay the F.D. amount, hence complainant prayed to order against the OP on F.D.R. maturity amount of Rs. 5,45,207/- along with 18 % interest till realization and further complainant prays to other reliefs against the OP’s. Hence opponent committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

3. After receipt of notice, the OP-Counsel present before the Forum and filed objection of O.P.

        Objection of O.P. is as hereunder:

          The OP submits that the contents of the complaint are all false, vexatious and not tenable under the law and facts. O.P. admits the contents of para No.2 of the complaint.  It is true to say that the complainants are the resident of Arakeri Village, Dist. Bagalkot and it is true Complainant No.1 is the wife of deceased Mutappa S/o. Chinappa Konnur and complainant No.2 is the daughter of the deceased Muttappa. Further O.P. admits the contents of para No.3 of the complaint. It’s true deceased Muttappa S/o. Chinnappa Konnur died on 23/06/2015 left behind the complainants and when Muttappa was alive he and the complainant No.1 were jointly made the fixed deposit of Rs.5,00,000/- at O.P. Bank and O.P. has issued the F.D. receipt as Akashaya Cash Certificate Receipt No. 261699 dated : 02/03/2015 and maturity on 02/03/2016. Complainant No.1 approached to the O.P. with original F.D. receipt and death certificate of Muttappa S/o. Chinappa Konnur and Survivor certificate etc., It is denied that the O.P. has postponed the same one to another pretext. It is true that the complainants have issued legal notice through their counsel on 07/10/2017 to the opponent and legal notice was received on 19/10/2017.  O.P. further submits that partly admits and denied the contents of para No.6 to 9 of the complaint and O.P. humbly submits that one of the claimant by name Laxmappa S/o. Hanamappa Biroji is who claims the F.D. amount on the basis of the registered will is also necessary party to this complaint etc., The documents has been furnished to prove their case and prayed to dismiss the case with cost.  

4.     The complainant has filed his chief affidavit and written argument along with documents, behalf of the complainant. The documents are as follows:

List of Documents

1. Original F.D. Receipts,

2. Xerox copy of Death certificate,

3. Xerox copy of survival certificate,

4. Legal Notice,

5. Postal receipt.  

6. Record of rights (RTC) Form No.16

7. Marriage card. 

5.      On the other hand OP’s filed their objection and affidavit along with the documents and the documents are as follows:

 List of Documents

1. Xerox copy of applications dated 08/08/2016,14/9/2016,

16/09/2016 (3),

          2. Xerox copy of Intimation,            

3. Xerox copy of Registered will deed,

4. Xerox copies of postal acknowledgements,

          6.      We have heard the arguments and perused the records.

7.      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?

          8.   Our finding on the point is partly in affirmative, for the following reasons.

R E A S O N S

9.      From the evidence on record it has been proved that the complainants have fixed deposited the amount in O.P. Bank in Akshaya Cash certificate Receipt No.261699 date of issuance on 02/03/2015 and date of maturity on 02/03/2016 and after the maturity the complainants requested the opponent to return the matured amount, inspite of that opponent went on postponing the same by assigning one or other reasons. Thereafter the complainants got issued legal notice through their counsel said notice was duly served to the O.P. Inspite of that the O.P. did not return the F.D. amount to complainants. But the O.P. argued that the before releasing the said F.D. amount one Lakkappa Hanamappa Beeroji R/o. Machakanur Tq: Mudhol has also made an application to this O.P. by requesting to release the above said F.D. amount in his favour on the strength of a registered will deed executed by late Muttappa S/o. Chinnappa Konnur during his life time.  Therefore when there were two rival claimants were made applications to this O.P. in respect of same F.D. amount, and the opposite party submitted that there is zerox copy of will in in favour of one Lakkappa S/o. Hanamappa Beeroji.  The position of law is very clear the authenticity of the will in question is to be decided only by the competent Civil Court. Therefore Consumer Forum hands are circumscribed to go into the validity of the will.  Further it is admitted fact that the complainant and her husband jointly deposit. Further when the husband dies naturally wife and children succeeded to the property left by the deceased. Hence the Bank lost its sight without honouring the legitimate demand of the complainant and made of the complainant and made her to wonder from piller to post and hence it amounts to deficiency in service as contemplated under the provision of the Consumer Protection Act 1986.

On perusal evidence affidavit of the complainant after maturity of F.D. the O.P. has not paid F.D. amount. Inspite of the demands made to the O.P. have not paid. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid has to be believed and accepted. It is well settled legal position that non payment of the amount deposited F.D. amount to deficiency in service and as per the above reasons we allow this complaint along with cost. O.P. directed to pay Rs.5,45,207/- with 8.75% interest from the date of maturity i.e., from 02/03/2016 to till the realization to the complainant and further OP’s are liable to pay the said amount along with Rs.2,000/- towards mental agony and Rs.2,000/- towards cost of the litigation.

10.    Accordingly, we proceed to pass the following:

O R D E R

     Complainant’s complaint is allowed in part as follows;

1. The Op’s are directed to pay F.D. maturity amount of Rs.5,45,207/- (Five lakhs forty five thousand two hundred seven Rupees only ) to the complainant with interest @ 8.75% per annum from the date of maturity i.e., 02/03/2016 to till the realization to the complainant.

2. Further Op’s are directed to pay Rs.2,000/- (Rupees two thousand) towards mental agony and Rs.2,000/- (two thousand rupees) towards cost.

3. The O.P. are directed to pay the said amount within 45 days from the date of receipt of the copy of order failing which OP’s are liable to pay 12% interest on Rs.5,45,207/- till realization.
4. Free copy of this order shall be sent to the parties immediately.

           (Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 6^th day of July, 2018).