IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 21 September 2017

Complaint No. 193 & 194 of 2017

Present:            1) Shri. B.V.Gudli,             President

                        2) Smt.Sunita                    Member

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Complainant/s:

                              Sri.Goussaheb s/o.Faqaruddin Sutar,  

Age: 74 years,  Occ:Retired,

                              R/o. Honnihalli, Tq.Hukkeri, Dist.Belagavi.

                             CC/193/17

                             Sri. Mamuddin s/o.Goussaheb Sutar,   

Age: 38 years,  Occ:cooli,

                             R/o. Honnihalli, Tq.Hukkeri, Dist.Belagavi.

                             CC/194/17

 (By Sri.S.I.Mulla, Advocate)

                                                          V/s.

Opponent/s:

1. The Chairman,

Garib Nawaz Urban Co-Op. Credit Society Ltd. Hudco Colony, Sankeshwar, Tq.Hukkeri, Dist.Belagavi.

2. The Secretary,

Garib Nawaz Urban Co-Op. Credit Society Ltd. Hudco Colony, Sankeshwar, Tq.Hukkeri, Dist.Belagavi.

(OPs.1 & 2 are Exparte)

(Order dictated by B.V.Gudli, President)

COMMON ORDER

            I. Though the complainants are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the complainants.  In all the cases the opponent is  same, as shown in the cause title. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 2 cases and different complainants are there having same address and particulars of his deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular case only will be shown in the cause title and the details of the deposits will be shown separately in the table.

          1) U/s.12 of the C.P. Act, complainants have filed these complaints against the O.Ps. alleging deficiency in service of non payment of the F.D.Rs amount.

          2) Inspite of service of notice OPs remained absent. Hence, placed ex-parte.

          3) In support of the claim in the complaints, complainants have filed their affidavits and original F.D.Rs are produced by the complainants.

          4) We have heard the argument of the complainants and perused the records.

          5) Now the point for our consideration is that whether the complainants have proved deficiency in service on the part of the O.Ps. and entitled to the reliefs sought?

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

:: R E A S O N S ::

          7) On perusal contents of the complaints and affidavits filed by the complainants they had invested their money of in OP society as detailed below:

After the date of maturity complainant/s approached OP society and requested to pay their matured FDRs amount with interest, but the OPs postponed the same on one or other reasons. Lastly on 17.05.2017 complainant/s got issued legal notice to OPs, but the OPs have not complied the said legal notice. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986. Therefore the complainants are constrained to file these complaints against OPs.

8)      On perusal documents F.D.Rs produced by the complainants F.D.Rs are standing in the name of the complainants. On perusal evidence affidavit of the complainants, after maturity of F.D.Rs the opponents have not paid F.D.Rs amount. After service of the notice the OPs failed to appear before the forum, hence placed as ex-parte. Hence, the claim of the complainants 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, amounts to deficiency in service.

      9)          Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.Ps. have been proved.

       10)       Accordingly the following  

:ORDER:

          The complaints are partly allowed.

          The Opponents.1 and 2 as shown in the cause title are hereby jointly and severally directed and liable to pay the complainants as ordered below.

The matured FDRs as per column.7 with future interest @9% P.A. from the date of maturity as per column.6 till realization of the entire amount.

          Further, the Opponents.1 and 2 as shown in the cause title are hereby jointly and severally directed and liable to pay a sum of Rs.3,000/- to the complainants in each case towards costs of the proceedings.

The order shall be complied within 30 days from the date of the order.

The original order shall be kept in complaint No.193/2017 and its copy in Complt.194/2017.

(Order dictated, corrected and then pronounced in the open Forum on: 21 September 2017)

MSR