Karnataka

Belgaum

CC/538/2015

Javerben D Patel - Complainant(s)

Versus

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

V C Bembalgi

13 Apr 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.538 & 539/2015

Date of filing 02/11/2015

                                                                   Date of disposal:13/04/2017

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.538/2015

 

 

COMPLAINANT   -

Sou.Javerben W/o Damodar Patel, Age : 50 Years, Occ: Household, R/o : Nipani, Tq: Chikodi, Dist.Belagavi.                   (Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

COMPLAINT NO.539/2015

 

 

COMPLAINANT   -

Sou.Vimalaben W/o Praveenkumar Patel, Age : 45 Years, Occ: Household, R/o : Nipani, Tq: Chikodi, Dist.Belagavi.                   (Rep. by Shri.V.C.Bembalgi, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.                   2.

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                        (Rep. by Sri. S.R. Sakri, Adv.)

By  Sri.A.G. Maldar, President.

 

COMMON JUDGEMENT

 

 

1.      The above complaints have been 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 F.D. matured amounts as per the respective F.D. receipts with interest and future interest awarded till complete realization and compensation and cost also be awarded and any other reliefs deemed fit under the circumstances of the 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 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 are as shown below:-

 

In COMPLAINT NO.538/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	002674	Rs.24,925/-	18.03.2009	46 days & above	7%
02	002675	Rs.24,925/-	18.03.2009	46 days & above	7%
Total		Rs.49,850/-

 

In COMPLAINT NO.539/2015

 

 

Sl. No.	F.D.R. No.	Invested Amount	Date of Investment	Date of Maturity	Rate of Int.
01	002672	Rs.24,925/-	18.03.2009	46 days & above	7%
02	002673	Rs.24,925/-	18.03.2009	46 days & above	7%
Total		Rs.49,850/-

 

 

 

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: 24.04,2015, but the Ops, inspite of the service of the legal notices they have not complied till today and further the OPs have not refund the FDs amount to the complainants and further submitted that, earlier the complainants have filed compt.No.251 & 252/2015 before this Forum and the said cases were withdrawn on 28.09.2015 with a permission to file fresh complaints. Hence, the complainants have constrained to file this complaints.  

 

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

 

The OP.No.2 contended in the written version that, the complainants are not entitled to the claims of more than matured amounts and they have not entitled to any interests from the date of maturity onwards and further the main contention of the OP.No.2 is that, the complainants have not approached to the Sahakari/society with due discharge of the amounts, but the complainants have not entitled to further claims of either interest or costs as alleged the above said deposits does not earn any interests after the maturities and they are not entitle for the interest as agreed in the complaints and there is no any deficiency of service on the part of the Op.No.2 and therefore, the OP.No.2 prayed to dismiss the complaints.

 

4.      The Adv. for complainant has filed his affidavit and produced  documents i.e. Certified Copy of order-sheet in C.C.No.251 & 252/2015, Office copy of Legal Notices, Postal Receipts and Acknowledgement and Original F.D. receipts, for sake of our convenience we have marked as Ex.P-1 to Ex.P-5. On the contrary the OP.No.2 has filed his affidavit and not produced any document. 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 F.D. amounts?

 

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 complainants, affidavit evidence of both parties 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-4 & P-5. 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 future interest towards F.Ds till realization, for that proposition, the Complainants have not produced any cogent, material document to hold that, the complainants are entitle for future interest as alleged in the complaints and there is no any material document to show that, after the maturity of respective FDs amount as agreed rate of interest by the Ops and further the complainants have not established that, the Ops are liable to pay the future interest as alleged in the complaints.

 

Therefore, in our consider view that, the complainants are not entitled future interest as alleged in the complaints and there is no any single document to hold that, the complainants have approached to the Ops and demanded for future 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. However, the complainants are entitled @ 6 % p.a. from the date of legal notice.     

 

It is case of the OP.No.2 that, the OP.No.2 put forth his written version in these cases and taken contention in written version that, the complainants are not entitled to the claims of more than matured amounts and they have not entitled to any future interests from the date of maturity onwards and further the main contention of the OP.No.2 is that, the complainants have not approached to the Sahakari/society and not furnished the details as required under law to claim the benefits and the complainants are not entitle for the interest as agreed. For that proposition, the OP.No.2 has not lead the affidavit evidence and not produced any cogent and material documents to hold that, the complainants have not approached to the OPs society as alleged in the written version. Therefore, the OP.No.2 has failed to establish as stated in the written version. Therefore, the contention of the OP.No.2 cannot be hold good and it is not acceptable and it has no merit at all.

 

 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, which is marked as Ex.P-2. Therefore, in our considered view that, on perusal of the contents of the affidavit evidence and documents produced by the complainants, the OPs failed to refund the above said F.Ds amount as well as interest to the complainants. The OPs violated the terms of the contract to pay interest as promised to the complainants, it amounts to deficiency in service as contemplated under the provisions of C.P. Act – 1986 and further in the instant cases, the complainants have filed the certified copy of compt.No.251 & 252/2015 before this Forum and the Hon’ble Forum has permission to filed the fresh complaints on the same cause of action and the same is marked as Ex.P-1 and it has not explained and clarified by the complainants to this Forum, why he has withdrawn the cases and the Ops also not disputed in the same. Therefore, we are not gone in detail for the same.  

 

Moreover, it is a duty of the OPs that, the OPs ought to have paid or settled the respective F.Ds amount and further it is the right of the complainants that, the respective F.Ds maturity amount. However, the complainants are entitled to receive the respective F.D. maturity amount as per the F.D. receipts at agreed rate and the Ops liable to pay interest @ 6 % p.a. from the date of legal notice i.e. 24.04.2015, which is marked as Ex.P-2 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.2,000/- each complainant towards inconvenience and mental agony and Rs.1,000/- towards cost of litigation to the 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.538 and 539/2015 are here by partly allowed with costs.

 

 

The OP.No.1 & 2 are hereby directed to pay the respective F.D. maturity amount as per the F.D. receipts and further the Ops are  liable to pay interest @ 6 % p.a. from the date of legal notice i.e. 24.04.2015 till realization.

 

 

The OP.No.1 and 2 also hereby directed to pay compensation of Rs.2,000/- each of the complainant towards mental agony and Rs.1,000/- towards cost of the litigation within 10 weeks from the date of this order, failing to which, the complainants are entitled to recover Addition interest @ 2 % p.a. from the date of complaint i.e. 02.11.2015 till realization.

 

         

 

Keep the Original Judgement in Complaint.No.538/2015 and copies thereof in other complaint for ready reference.

         

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 13^th day of April, 2017).

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.