Karnataka

Belgaum

CC/28/2016

Surekha R Belagundkar - Complainant(s)

Versus

The Chairman Navajeevan Multi Purpose Co-Op Scty Ltd - Opp.Party(s)

P S Yadav

30 Mar 2016

ORDER

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

ORDER

          The complainant has filed the complaint u/s. 12 of the C.P. Act against the O.Ps. alleging deficiency in service of non payment of the amount of the matured F.D.R.

          2) In-spite service of notices, O.Ps. have remained absent. Hence placed ex-parte.

          3) In support of the claim made in the complaint, the complainant has filed his affidavit and produced original F.D.R. We have heard the arguments and perused the records.

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

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

REASONS

          6) On perusal contents of the complaint and affidavit filed by the complainant. The complainant deposited Rs.7,000/- on 9/8/2007 under F.D.R. No.132 and which was matured on 9/8/2013 and maturity value was Rs.14,000/-. After maturity of the said amount the complainant approached the opponents society and requested to return the maturity F.D.R. amount to solve the financial problems. But the opponents postpone the same one or other reasons.

7) Lastly fed up with the opponents behavior he has issued legal notice through his advocate on 15/12/2015 calling upon the opponents 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 constrained to file this complaint against opponent society.

8) On perusal documents F.D.R. produced by the complainant she had deposited a sum of Rs.7,000/- on 9/8/2007 under F.D.R. No.132 which was matured on 9/8/2013 with agreed to pay the double amount. The F.D.R. is standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.R. the opponents have not paid F.D.R. amount. Hence, the claim of the complainant 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 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.

          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.

 

ORDER

          The complaint is partly allowed.

          The O.Ps. are hereby directed and liable to pay a sum of Rs.14,000/- under F.D.R. No.132 with future interest at the rate of 8% P.A. from 10/8/2013 till realization of entire amount to the complainant.

          Further the O.Ps. are hereby directed and liable to pay sum of Rs.2,000/- to the complainant towards costs of the proceedings.

          Above order shall be complied within 30 days 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 from the date of disobedience of order, till the order is complied.

(Order dictated, corrected and then pronounced in the open Forum on: 30^th day of March 2016)

                    Member                                    President.

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