Karnataka

Belgaum

CC/546/2015

Sunanda G Khaple - Complainant(s)

Versus

The Chairman Bharathi Mahila Cr Sou Saha Ltd - Opp.Party(s)

V C Bembalgi

17 Feb 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.545 to 547/2015 &

C.C.No.550 & 552/2015

Date of filing 05/11/2015

                                                                   Date of disposal:17/02/2017

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.545/2015

 

 

COMPLAINANT   -

Shri.Ganapati @ Maruti Jyoti Khaple, Age: 82 Years, Occ: Retired, R/o: 1st Lane, Shrinagar, Nippani, Tq: Chikkodi, Dist. Belagavi.                   (Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

COMPLAINT NO.546/2015

 

 

COMPLAINANT   -

Smt.Sunanda Ganapati Khaple, Age: 80 Years, Occ: Household, R/o: 1st Lane, Shrinagar, Nippani, Tq:Chikkodi, Dist.Belgavi.                   ((Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

COMPLAINT NO.547/2015

 

 

COMPLAINANT   -

Smt.Madhuri W/o Vishwanath Thorat, (before Mariage her name was Kumari. Madhuri  D/o Ganapatrao Khapale) Age: 42 Years, Occ: Household, R/o: 1st Lane, Shrinagar, Nippani, Tq:Chikkodi, Dist.Belgavi.                   ((Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

 

COMPLAINT NO.550/2015

 

 

COMPLAINANT   -

Shri.Vishwanath Vishnu Thorat, Age: 48 Years, Occ: Service, R/o: 1st Lane, Shrinagar, Nippani, Tq:Chikkodi, Dist.Belgavi.                   ((Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

 

COMPLAINT NO.552/2015

 

 

COMPLAINANT   -

Sou.Manisha W/o Kiran Patil, Age: 43 Years, Occ: Household, R/o: 1st Lane, Shrinagar, Nippani, Tq:Chikkodi, Dist.Belgavi.                   ((Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.                   2.                 3.               4.                 5.                 6.                 7.                 8.                 9.                 10.                 11.                 12.

The Chairman, Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Kangale Building, Mangalwarpeth, Tq:Chikkodi, Dist.Belagavi.                                      (Exparte)   The Secretary, Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Kangale Building, Mangalwarpeth, Tq:Chikkodi, Dist.Belagavi The Manager,   The Director, Smt.Shubhangi W/o Sanjay Salave, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Kodani, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Vimala Gangadhar Dudharkar, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Ravan Galli, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Sunita Vishwas Shinde, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Saishankar Nagar, Akkol Road, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Shailaja Mahadev Savashe, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Shivaji Chowk, Nippani, Ravan Galli, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Rajashree Sanjay Wagh,, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Patankundi, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Padma Vishnu Vaidhya, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Kamgar Chowk,  Tq:Chikkodi, Dist.Belagavi.   The Director, Smt.Padma Mohan Patil, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Kamagar Chowk, Tq:Chikkodi, Dist.Belagavi.   The Director, Vasundhara Datajirao Naik, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Sakharwadi, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Jayashree Dattatraya Tarale, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, Biroba Mal, Tq:Chikkodi, Dist.Belagavi.   The Director, Smt. Mangal Baban Chougule, Of the Bharati Mahila Credit Souhard Sahakari Ltd., Nippani, (Previously it was called as Bharati Mahila Sahakari Pat Sansha Ltd., Nippani), At/Po: Nippani, 2nd Lane, Shivaji Nagar, Tq:Chikkodi, Dist.Belagavi.                        (Rep. by Sri. S.R. Sakri, Adv.                                      for Op.No.2 to 12).

 

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 invested amounts with interest @ 7%  and future interest till complete realization and compensation of Rs.5,000/- and Rs.2,000/- towards cost of the each 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 in various dates with the OPs Society, and OPs society have offered to pay better rate of interest and as such the complainants have kept fixed deposits with Ops society. The details of amounts deposited as shown below:-

 

In COMPLAINT NO.545/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	002475	Rs.92,351/-	20.11.2007	46 days & above	7%
02	002484	Rs.68,896/-	20.02.2008	46 days & above	7%
03	002607	Rs.71,136/-	21.05.2008	46 days & above	7%
04	002696	Rs.35,360/-	27.07.2009	46 days & above	7%
05	002698	Rs.35,945/-	27.10.2009	46 days & above	7%
Total		Rs.3,03,688/-

 

In COMPLAINT NO.546/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	002454	Rs.66,728/-	20.11.2007	30 days & above	8%
02	002485	Rs.68,896/-	20.02.2008	46 days & above	7%
03	002617	Rs.38,587/-	26.06.2008	46 days & above	7%
04	002618	Rs.38,587/-	26.06.2008	46 days & above	7%
05	002619	Rs.38,587/-	26.06.2008	46 days & above	7%
06	002620	Rs.38,587/-	26.06.2008	46 days & above	7%
07	002697	Rs.40,800/-	27.07.2009	30 days & above	7%
08	002447	Rs.66,728/-	24.10.2007	30 days & above	8%
09	002699	Rs.41,475/-	27.10.2009	30 days & above	7%
Total		Rs.4,38,975/-

 

In COMPLAINT NO.547/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	002421	Rs.56,642/-	09.08.2007	30 days & above	8%
02	002457	Rs.56,642/-	20.11.2007	30 days & above	8%
Total		Rs.1,13,284/-

 

In COMPLAINT NO.550/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	10865	Rs.25,000/-	30.07.2005	30 days & above	8%
02	10866	Rs.25,000/-	30.07.2005	30 days & above	8%
Total		Rs.50,000/-

 

In COMPLAINT NO.552/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	002448	Rs.66,728/-	24.10.2007	30 days & above	8%
02	002605	Rs.71,136/-	24.04.2008	30 days & above	7%
Total		Rs.1,37,864/-

 

 

It is further complainants contended that, at the nick of time to solve the domestic financial problems, the complainants have requested to refund their invested amount with accrued interest. But, the OPs society does not heed the request of the complainants and the OPs have failed to refund the invested 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, lastly, the complainants have got issued legal notices to the OPs through their Counsel on dtd:21.09,2015 and notices were returned back with an endorsement “as not claimed” on dtd:29.09.2015. But, the OPs have not refund the FDs amount till today. Hence, the complainants have constrained to file these complaints.  

 

3.      After issue of notice to the Opponents. The Op.No.1 has neither appeared nor filed any version before this Forum, inspite of giving sufficient time. The Hon’ble Forum considered the OP.No.1 is placed Ex-parte and Op.No.2 to 12 have appeared through their Counsel and Op.No.2 has resisted the claim of the complainants by filing his written version and Op.No.3 to 12 have filed memo stating that, the written version of Op.No.2 adopt the same.

 

The OP.No.2 further contended in the written version that, the cause of actions are clubbed and have tried to mislead the Hon’ble Forum and further contended that, the point of limitations be treated as preliminary issue is disposing these cases and 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 due discharge of the amount and/or for renewal of the deposits and the above said deposits does not earn any interests after the maturities and they are entitled for only agreed rates till the date of maturity and further contended that, the post maturity rates is not more than 6% of the claims and the complainants are not entitle for the interest as agreed in the complaints and therefore, the OP.No.2 prayed to dismiss the complaints.

 

 4.     The Complainants have filed their affidavits in support of their claim and produced Copy of legal notices, Postal Cover Endorsement as not claimed and F.D. receipts, for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-3. On the other hand, the OP.No.2 has filed his affidavit and not produced any documents. The Adv. for complainants have filed their written argument and heard the argument on both sides.

 

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?

 

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 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 which are marked as Ex.P-3. The claim of the complainants in respect of above said F.Ds amount, though the complainants are depending on said FDs amount and interest accrued on FDs, to solve the domestic financial problems and it is very difficult for lead the life in the absence of the respective FDs amount and interest.

 

Further, the case of the complainants are that, the complainants have claiming the respective FDs amount with future interest till realization, for that contention, the Complainants have not produced any cogent, material document to hold that, the complainants are entitle interest as alleged in the complaints and there is no any material document to show that, after the maturity of respective FDs amount, the Ops are liable to pay the interest as alleged by the complainants. Therefore, in our consider view that, the complainants have not entitled the future interest as alleged by the complainants, for the reason that, the complainants have not produced any document to established that, there is deficiency of Ops towards not refunding the respective maturity FDs amount and there is no any single document to hold that, the complainants have approached to the Ops to demand for maturity amount as well as interest and even they have not give application to renew the respective FDs as prevailing rate of interest on FDs. So, the contention of the complainants cannot be consider towards the rate of interest.  

 

The case of the OPs that, the complainants have not approached with clean hand and they are not entitled as claimed in the complaints and further the said deposits have not been renewed by the complainants. Hence, the above said deposits did not earn any interests as claimed by the complainants, but after the maturities the complainants are entitled for only agreed rates till the date of maturity and further the said complaints are not come under the perview of limitation, it is time barred cases.

 

Looking to the facts and circumstances that, the alleged FD receipts kept in Ops society, it is a mandatory duty of the OP Society, whenever the said respective FDs amount are matured on demand, the Ops would have been refund the above said FDs amount to the complainants. But, in the instant cases, the Ops did not returned the above said FDs amount to the complainants, even after request, demand and issued legal notices, it means that, from the date of legal notices, the cause of action arose and the said instant complaints are within the limitation. Therefore, the contention of the Ops regarding limitation does not have merit. So, the contention of the OPs is not acceptable. More ever, if the Ops could have returned the above said FDs amount to the complainants, they would not have been filed the instant complaints against the Ops and does not arise the question of payment. Under such circumstances and above observation no question of limitation arises.

 

It is a duty of the OPs that, the OPs should have paid or settled the F.Ds amount and further it is the right of the complainants that, the respective F.Ds maturity amount. However, the complainants are entitled interest @ 6 % p.a. only from the date of complaints i.e. 05.11.2015 till realization and the complainants have established their case by producing FDs receipts which is not disputed by the Ops. Therefore, in our considered opinion that, the Ops not only liable to pay the respective F.Ds amount, but they are also liable to pay compensation of Rs.3,000/- 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.545/2015, 546/2015, 547/2015, 550/2015  and 552/2015 are here by partly allowed with costs.

 

 

The OP.No.1 to 12 are hereby directed to pay the respective maturity F.Ds amounts with interest @ 6 % p.a. only from the date of complaints i.e. 05.11.2015 till realization to the complainants.

 

 

 

Further, the Opponent No.1 to 12 also hereby directed to pay compensation of Rs.3,000/- 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 this order till final realization.

 

Keep the Original Judgement in Complaint.No.545/2015 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 17^th day of February, 2017).

 

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.