Karnataka

Belgaum

CC/475/2015

Shankar S Mungarwadi - Complainant(s)

Versus

The Chairman, Kundarnad Urban Co-op Cr Scty Ltd - Opp.Party(s)

Prashant B Patil

09 Mar 2016

ORDER

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

: ORDER :

          I. The complainant/s are different in all the cases, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainant/s. In all the cases the O.P. society is same, represented by Chairman, Secretary and Special Officer. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 6 cases and same number complainant/s are there having different addresses and particulars of their deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular cases.

          III. The parties will be referred to as complainant/s, and opponents instead of serial number, as in all cases their numbers are same.

          1) The relevant facts of the cases are that the respective complainants have filed the complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the fixed deposits/deposit.

          2) Notices were issued against Opponents, said notices were served on opponents. Inspite of service of notice O.Ps. remained absent. Hence they have placed exparte.

          3) In support of the claim of the complainant/s, the complainant/s have filed his/her affidavit by way of evidence and original F.D.Rs. are produced by the complainant/s.

          4) We have heard the arguments of complainant/s advocate and perused the records.

          5) Now the point for our consideration is that whether the complainant/s have proved deficiency in service on the part of the opponents and entitled to the reliefs sought?

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

:: REASONS ::

          7) The complainant/s filed their affidavit by way of evidence and they have stated in their affidavit that, for the future maintenance and to solve the domestic and financial problem they were very much interested to invest their saved money in fixed deposits scheme and to get better interest, the complainant/s have approached the opponents society and they have invested their saved money in the said fixed deposits with the opponents as detailed under;

SL. No.	Complaint No.	FDR Nos.	Amounts Deposited	Date of Deposit	Maturity Amount	Date of Maturity	Interest
1	2	3	4	5	6	7	8
1	470/2015	462	20,140	7/6/2006	30,965	6/9/2010	10.50%
		465	24,253	16/4/2008	30,296	15/10/2010	9%
		467	35,385	28/3/2006	55,798	27/9/2010	10.50%
2	471/2015	497	75,058	2/10/2009	80,455	1/10/2010	7%
		498	24,565	2/10/2009	26,331	1/10/2010	7%
3	472/2015	466	10,105	16/4/2008	12,623	15/10/2010	9%
4	473/2015	463	16,112	24/8/2006	24,772	23/11/2010	10.50%
		483	82,345	25/7/2008	1,00,600	24/10/2010	9%
5	474/2015	305	57,883	5/10/2007	75,595	4/10/2010	9%
6	475/2015	468	6,725	14/5/2006	10,340	13/8/2010	10.50%
		470	2,017	15/6/2006	3,100	14/9/2010	10.50%
		471	2,690	25/7/2006	4,135	24/10/2010	10.50%
		472	6,873	7/10/2006	10,203	6/10/2010	10%
		473	4,124	21/10/2006	6,182	20/10/2010	10%
		474	27,096	18/7/2007	37,351	17/10/2010	10%
		475	3,005	11/8/2008	3,671	10/11/2010	9%

 

The complainant/s further stated that after the maturity of the said F.D.Rs. and to solve the domestic financial problems complainant/s approached the opponents society personally and requested for the release of the said fixed deposits matured amount with interest, but the opponents are postponing the same on one or the other reasons. The complainant further alleged that on 11/6/2015 the Special Officer has been appointed to the said society and the complainant/s. have also requested to the opponent No.3 to release the maturity F.D.Rs. amount, but the Special Officer did not heed the same.

          8) Lastly fed up with the opponents behavior they have issued legal notice through their advocate on 13/8/2015 calling upon the opponents No.1 to 3 for the immediate release of F.D.R. amount with interest, but they failed to make payment as mentioned above within the stipulated period till today. Thus opponents caused deficiency of service and due to the deficiency on the part of the opponents their financial problems are not solved within time. Hence complainant/s constrained to file these complaint/s before these forum.

          9) On perusal of documents produced by the complainant/s  and F.D. Receipts which are standing in the name of complainant/s and having deposited amount in the O.P. society, in-spite of maturity the opponents have not paid the maturity amount and O.Ps. failed to pay F.D.Rs. amount after maturity period. The O.Ps. after service of the notice, failed to appear before the forum and failed to pay maturity amount and hence there is deficiency in service on the part of the opponents. On perusal contents of the affidavit and documents produced by the complainant/s, the complainant/s have proved deficiency in service on part of opponents.

          10) 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.

          11) Taking in to consideration of various aspects and the decision of Hon’ble Apex Court reported in (2011) SCCR 268 and of the Hon’ble Apex Commission reported in 2013 (2) CPR 574 as well as other subsequent decisions absolutely it is just and necessary to impose cost on daily basis if order remains uncomplied within the period fixed for compliance of the order, so as to have feeling and pinch.

          12) Accordingly, following order.

: ORDER :

          The complaint is partly allowed.

The O.Ps. represented by the Chairman, Secretary and Special Officer jointly and severally are hereby directed and liable to pay to the complainant/s as ordered below;

SL. No.	Complaint No.	FDR Nos.	Amounts Deposited	Date of Deposit	Maturity Amount	Date of Maturity	Interest
1	2	3	4	5	6	7	8
1	470/2015	462	20,140	7/6/2006	30,965	6/9/2010	10.50%
		465	24,253	16/4/2008	30,296	15/10/2010	9%
		467	35,385	28/3/2006	55,798	27/9/2010	10.50%
2	471/2015	497	75,058	2/10/2009	80,455	1/10/2010	7%
		498	24,565	2/10/2009	26,331	1/10/2010	7%
3	472/2015	466	10,105	16/4/2008	12,623	15/10/2010	9%
4	473/2015	463	16,112	24/8/2006	24,772	23/11/2010	10.50%
		483	82,345	25/7/2008	1,00,600	24/10/2010	9%
5	474/2015	305	57,883	5/10/2007	75,595	4/10/2010	9%
6	475/2015	468	6,725	14/5/2006	10,340	13/8/2010	10.50%
		470	2,017	15/6/2006	3,100	14/9/2010	10.50%
		471	2,690	25/7/2006	4,135	24/10/2010	10.50%
		472	6,873	7/10/2006	10,203	6/10/2010	10%
		473	4,124	21/10/2006	6,182	20/10/2010	10%
		474	27,096	18/7/2007	37,351	17/10/2010	10%
		475	3,005	11/8/2008	3,671	10/11/2010	9%

The maturity amount as mentioned in column No.6 with future interest at the rate of 8% P.A. from the dates mentioned in column No.7 respectively till realization of the entire F.D.Rs. amount.

          The O.Ps. represented by the Chairman, Secretary and Special Officer jointly and severally are hereby directed and liable to pay to the complainant/s a sum of Rs.2,000/- each towards costs of the proceedings.

          Order shall be complied within one month from the date of the order.

If the order is not complied within stipulated period, O.Ps. are hereby directed to pay a sum of Rs.50/- per day to the complainant/s from the date of disobedience of order, till the order is complied.

The original order shall be kept in complaint No.470/2015 and the true copy in other clubbed cases.

          (Order dictated, corrected & then pronounced in the Open Forum on this 9^th day of March 2016)

          Member                    Member                    President

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