IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.
Dated this 28th day of September 2016
Complaint No.578/2015
Present: 1) Shri. B.V.Gudli, President
2) Smt.Sunita Member
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Complainant/s:
Smt. Mahadevi Shivaji Jadhav,
Age:42years, Occu: Household,
R/o. H.No.86 Jadhav Galli,
Nandhehalli, Tal: & Dist. Belagavi.
(By Shri. V.N. Savant, Advocate)
V/s.
Opponents:
- The Chairman,
Krantiveer Urban Co-Op. Credit Society Ltd.,
Desur, Tal: & Dist. Belagavi.
2) The Vice Chairman,
Krantiveer Urban Co-Op. Credit Society Ltd.,
Desur, Tal: & Dist. Belagavi.
3) The Secretary,
Krantiveer Urban Co-Op. Credit Society Ltd.,
Desur, Tal: & Dist. Belagavi.
(By Shri. S.B.Chavan, Advocate)
(Order dictated by Shri. B.V.Gudli, President)
ORDER
1) The relevant facts of the case is that the complainant has filed the complaint u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the fixed deposit.
2) After service of notice counsel for O.Ps appeared and filed memo of undertaking but, not filed vakalat, objection and affidavit.
3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.R.
4) We have heard the arguments 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 O.P. 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 complainant and affidavit filed by the complainant the complainant stated that on 17.06.2009 complainant in good faith kept an amount of Rs.25,000/- as FD with OP society for a period of 5 years and 6 months. Accordingly the OPs issued FDR No.023 to the complainant which is maturing on 17.12.2014. On maturity of FD the complainant approached the OPs society on 17/12/2014 and requested to release the maturity amount of Rs.50,000/0. But to the utter surprise of the complainant OP society purposely on one or other pretext avoided to release the said amount to the complainant. Then as a last resort on 08.10.2015 complainant got issued legal notice through her counsel calling upon OPs to release the matured amount. Though the notice is duly served on OPs and inspite of the receipt of said notice the OPs are reluctant to release the amount kept as Fixed Deposit. Hence the complainant is constrained to file this complaint.
8) On perusal evidence affidavit of the complainant the complainant produced the original F.D.R. which are in the name of complainant & inspite of the demands made to the O.Ps. have not paid the amount and remained unpaid, has to be believed and accepted. After service of notice the OPs appeared through their counsel by filing Memo of Appearance before the forum, but not filed vakalat, affidavit and objections. 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.P’s have been proved.
10) 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.
11) Accordingly, following order.
ORDER
The complaint is partly allowed.
The O.P. represented by the Chairman, Vice-Chairman and Secretary is hereby jointly and severally directed and liable to pay a total sum of FDR matured amount of Rs.50,000/- to the complainant under matured F.D.R No.023 with future interest at the rate of 9% P.A. from 17.12.2014 till realization of the entire amount.
Further, the O.P. represented by the Chairman, Vice-Chairman and Secretary is hereby jointly and severally directed and liable to pay Rs.3,000/-, to the complainant towards costs of the proceedings.
The order shall be complied within 30 days from the date of the order.
If the order is not complied within stipulated period, O.P is 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: 28th day of September 2016)
Member President.
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