Karnataka

Belgaum

CC/302/2015

Gayatri V Wagh - Complainant(s)

Versus

The Chairman, Bharati Mahila Credit Souharad Sahakari Ltd - Opp.Party(s)

R A Banne

26 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.302/2015

 

                     Date of filing: 18/06/2015

 

                                                                  Date of disposal:26/12/2016

 

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.

 

 

COMPLAINANT      -

Sou. Gayatri Vijay Wagh, Age: 38 Years, Occ: Household, R/o: Pattankundi, Tq: Chikodi,  Dist. Belagavi.                     (Rep. by Shri.R.A. Banne, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.             2.

The Chairman, Bharati Mahila Souhard Sahakari Ltd., Nipani, Tq: Chikodi, (Previously called as Bharati Mahila Sahakari Path Sanshta Ltd., Nippani) At/Po: Old P.B. Road, Near C.M.C. Nippani.                                        (Ex-parte)   The Secretary, Bharati Mahila Souhard Sahakari Ltd., Nipani, Tq: Chikodi, (Previously called as Bharati Mahila Sahakari Path Sanshta Ltd., Nippani) At/Po: Old P.B. Road, Near C.M.C. Nippani                         (Rep. by Sri.S.R.Sakri, Adv)

 

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1)       U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.P. alleging deficiency in Banking service i.e. non-payment of the S.B. A/c amount.

 

          2) After issue of notice to the Ops. The OP.No.1 has not appeared through his Counsel and placed ex-parte and OP.No.2 has appeared through his counsel and resisted the claim of the complainant by filing his written version and denied the all allegation and deficiency in service and contended that, the complainant has not approached the OP society and allegations made are baseless. 

 

          3) To establish the facts alleged in the complaint by the complainant, has filed his affidavit and produced original S.B. A/c pass book and certain other documents. The OP.No.2  has filed his affidavit.

 

          4) We have heard the arguments of the learned counsel for the both parties and we have perused the records.

 

          5) Now the point for our consideration is that;

 

1.  Whether the complainant has proved deficiency in service on the part of the OP and entitled to the reliefs sought?

 

2. What Order?

 

          6) Our finding on the points are as follows;

 

1.      Affirmative.

          2.      As per final Order.

 

:: R E A S O N S ::

 

          7) The evidence on record establish that, the complainant had invested her saved money with the OPs society and complainant is having saving account with the OP Society. The matured F.D.R – T.D.R amount was transferred to the complainants S.B. A/c No.2116 for Rs.82,222/-.

 

          8) Grievance of the complainant is that, after domestic her financial problems, the complainant has contended to the OP for release her S.B. A/c amount with interest, but, the OP is postponing the same by assigning one or other reasons. Further, the complainant has issued legal notice through her Counsel on 07.04.2015 calling upon the OP to release the S.B. A/c amount with interest, but OP is failed to make payment till today this act of the OP, the complainant has caused deficiency of service and financial problems.

 

9) The OP contended in the written version and denied the deficiency in service and further contended that, the complainant has not approached the society and allegations made are false and baseless. The OP at para No.3 of the objection has admitted that, the complainant has deposited the amount in his S.B. A/c No.2116 and the balance of Rs.82,222/- as on 22.07.2010 and the present account stands as an Non-Operative Account and the balance on 31.03.2015 at Rs.84,168/- and further OP contended that, the complainant has stopped the operating account and further the complainant has never approached the Sahakari without disclosing all these facts and thereby the complainant has not entitled to the claims of balances as detailed in the pass book alongwith interest, and the complainant is not entitle for the interest as agreed and prayed to dismiss the complaint.

 

10) In order to establish this  contention, the OP mere filed the affidavit evidence and not furnished any material documents to accept the contention contended in written version or to hold that, there is no any deficiency as alleged by the complainant. Therefore, in our consider view that, the contention of the OP has no merit at all and it is not acceptable for the reason that, OP has not substantiate as alleged in the written version and affidavit evidence. Therefore, in our consider view that, non payment of Savings account amount it amounts to deficiency of service on the part of OP.

 

11) The complainant has established his case in respect of  deficiency of service on the part of the OP by filing the supporting affidavit evidence and material documents i.e. the original S.B. A/c pass book is on record, the said document has been marked as Ex.P-1 for sake of our convenience. These facts pleaded in the complaint and stated by the complainant is not disputed or denied by the OP. Hence, the said S.B.A/c No.2116 of Rs.82,222/- payable to the complainant by the OP bank is proved.

 

12) No-doubt it is true that, the conduct of OP in not paying the savings account amount, even after service of legal notice issued by the complainant on dtd:07.04.2015 which is  marked as Ex.P-2, when the legal notice issued to OPs it is mandatory duty of the OPs society and as per R.B.I. rules, the society has to refund the amount with interest on savings accounts, but the OP has failed to comply, even he has not given reply also, certainly these attitudes of society an amounts to deficiency in service on the part of OPs. In our consider view, under such circumstances, the OP not only liable to pay the savings account an amount of Rs.82,222/-, but also liable to pay interest @ 9 % p.a. from the date of legal notice dtd:07.04.2015 on the S.B. A/c amount of Rs.82,222/- till the date of payment. It is just and proper to award a compensation of Rs.4,000/- for inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/-. Hence, we answer to the above point No 1 in affirmative.  Hence, we proceed to pass the following.

 

:: O R D E R ::

 

         

For the reasons discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

          The OPs are hereby directed to pay an amount of Rs.82,222/- which is kept in S.B. A/c No.2116 with interest @ 9 % p.a. from the date of legal notice i.e. 07.04.2015 till realization.

 

          Further, the OP is hereby directed to pay a sum of Rs.4,000/- towards mental agony and Rs.1,000/- towards cost of the proceedings.

 

          The order shall be complied within 08 weeks from the date of this order.

 

           (Order dictated, corrected and then pronounced in the open Forum on: 26^th day of December 2016).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.