Karnataka

Belgaum

CC/400/2014

Shivanand B Sunnal - Complainant(s)

Versus

The Chairman of Belgavi Liberal Cr Sou Co-Op Ltd. - Opp.Party(s)

J.H. Govankop

19 Jan 2015

ORDER

(Order dictated by Shri. V.S. Gotakhindi, Member,)

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 F.D.R.

 

          2) O.Ps. inspite of the service of the notice, have remained absent and set exparte.

 

3) In support of the claim in the complaint, complainant has filed affidavit and certain documents including original F.D.R. is produced. We have heard arguments of the complainant’s counsel and perused the record.

 

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 that the complainant is entitled to the reliefs sought?

 

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

REASONS

 

6) Oral and documentary evidence on record establish that the complainant kept the amount in fixed deposit with the O.P. society under FDR No.04825 a sum of Rs. 1,50,000/- on 15/06/2012 for a period of 12 Months, at the rate of interest 16% P.A. and the maturity date was 15/06/2013.

 

7) The grievance of the complainant is that, inspite of the demands made the F.D.R. amount remained unpaid by the OPs. This fact is stated in the affidavit by the complainant. Considering the entire facts, it is proved that in spite of the demands made the amount remained unpaid and the said act of the Ops, amounts to deficiency in service. The agreed interest mentioned in the F.D.R. is 16% P.A. The O.Ps.  inspite of notice issued by this forum they remained ex parte. Hence deficiency of service on the part of the Ops is proved and the complainant prayed to allow the complaint.  

 

8) 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.

         

9) Accordingly, following order.

ORDER

          Complaint is partly allowed.

 

The O.Ps. Credit Souhard Co-Op. represented by the Chairman, General Manager and Manager jointly and severely are hereby directed to pay amount of Rs.1,74,000/- in respect of the F.D.R. bearing No.04825 at the rate of 16% P.A. for the period from 15/06/2012 to 15/06/2013 and thereafter at the rate of interest 10% P.A. from 15/06/2013 till realization of the entire amount.

Further, The O.P. Credit Souhard Co-Op. represented by the Chairman, General Manager and Manager jointly and severely are hereby directed to pay a sum of Rs. 2,000/- to the complainant 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, Credit Souhard Co-Op. represented by the Chairman, General Manager and Manager jointly and severely are hereby directed to pay a sum of Rs.100/- 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: 19^th day of January 2015).

 

 

           Member                 Member                       President.

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