Karnataka

Belgaum

CC/384/2014

Rajesh A Shirpannvar - Complainant(s)

Versus

The Chairman of Bharati Mahila Cr Sou Saha Ltd - Opp.Party(s)

V.D. Chougla

29 Jul 2015

ORDER

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

: ORDER :

          The complainant has filed complaint against Opponents U/s. 12 of C.P. Act alleging deficiency in service of non payment of the amount of S.B. account.

          2) O.P. No.1 in-spite of service of notice has remained ex-parte.  O.P.2 filed her objection denying deficiency in service and contended that she is not responsible for any alleged claims in her individual capacity and no complaint is maintainable against employee and further contended the complainant has never visited the Sahakari for making transactions and despite of he claiming balance of Rs.18,000/-. This opponent submits that it has already been credited the interest to the said Savings Deposit Account and the balance as on 31/3/2014 stands at Rs.22,559/-. The complainant had never approached the Sahakari for claiming the amounts, the question of deficiency does not arise. In her affidavit/objection Souharda Sahakari as per its usual practice has already classified, saving account as the Dormant Account. Account being inoperative since inception and also been remitting the interest against the said account for year 31/3/2007 till 31/3/2014.

          3) In support of the claim of the complainant, complainant has filed his affidavit by way of evidence and produced original Passbook, receipt for having opening the account. On the other hand O.P.No.2 has filed is affidavit.

          4) We have heard the arguments learned counsel for complainant and O.P.2 and perused the records.

          5) Now the point for our consideration is that whether the complainant has 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) On perusal contention of the complaint and affidavit filed by the complainant. Complainant has opened his S.B. Account under S.B.A/c. No. 2327 for the amount of Rs.18,000/- on 22/1/2007. It is admitted fact that, the complainant has opened his account in S.B.A/c. No.2327 for Rs.18,000/-. The O.P.2 admitted in her objection as well as in affidavit, on perusal Passbook produced by the complainant, after opening account on 22/1/2007 he did not approach the Opponents for balance and also he did not operated account. Hence the account of the complainant treated as dormant account and said account being inoperative.

          8) On perusal objection and affidavit of the Opponent No.2 she has credited interest towards the savings account of the complainant as on 31/3/2014 for Rs.22,559/- stands in the name of the complainant. The Opponent did not inform to the complainant at the time of considering account of complainant as Dormant Account. It is duty of the Opponent inform the consumer at time of considering the account as Dormant Account and after issuance of the legal notice the Opponent failed to reply the said notice and he has not complied notice issued by the complainant. Hence complainant has proved 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. has been proved.

          10) Hence we proceed to pass the following order;

: ORDER :

          The complaint is partly allowed.

          The O.Ps. represented by the Chairman and Secretary jointly and severally are hereby directed to pay to the complainant a sum of Rs.22,559/- in respect of S.B.A/c. 2327 with interest at the rate of 4% P.A. from 1/4/2014 till realisation of the entire amount.

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

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

          (Order dicted, corrected & then pronounced in the Open Forum on this 30^th day of July 2015)      

Member                    Member                    President

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