Karnataka

Belgaum

CC/161/2015

Mallappa S Khandugoal - Complainant(s)

Versus

The Chairman Of Pragati Co-OpCr Scty Ltd - Opp.Party(s)

S S Shilayyanavarmath

13 Apr 2016

ORDER

(Order dictated by Smt. Sunita, Member)

ORDER

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

          2) In-spite service of notice, both O.Ps. have appeared through their counsel but did not filed objection and affidavit.

          3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.R. is produced by the complainant.

          4) We have heard the argument of the complainant counsel 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) The complainant has filed his affidavit by way of evidence and he has stated in his affidavit that the opponent had approached the complainant and assured to the complainant to pay higher rate of interest. Believing the words of the opponents. The complainant kept the fixed deposit amount as mentioned below;

SL.No.	FDR A/c Nos.	Date of Deposit	F.D. Amount	Maturity amount	Maturity Date
1	1187	27/6/2005	5,000/-	10,000/-	28/6/2012

          Therefore the complainant after maturity the approached opponents to return F.D.R. maturity amount along with interest, the opponents failed to return the matured F.D. amount in favour of the complainant. In-spite of several request and reminders the opponents failed to pay the maturity amount. The matured amount is very much necessary to the complainant to meet out his financial difficulties and other necessities. Due to the act of the opponents inconvenience caused to the complainant, which amounts the deficiency of service on the part of the opponents.  Hence complainant filed this complaint against the opponents, to pay the maturity F.D. amount along with future interest.

8) On perusal documents produced by the complainant and F.D.R., which is standing in the name of the complainant. In-spite of maturity the opponents have not paid the amount. The complainant had deposited under F.D.R. No. 000387 and amount of Rs.5,000/-, the date of maturity was on 28/6/2012 and maturity amount is Rs.10,000/-. The O.Ps. failed to pay the maturity amount to the complainant after service of legal notice. The complainant alleges that for the non compliance even after legal notice, the complainant was constrained to file before this forum. Hence deficiency in service on the part of the O.Ps.

9) On the perusal of the order sheet the opponents have not filed objection and affidavit of the opponents. The forum after giving sufficient opportunity to file objection, the objection were taken as not filed on 16/11/2015. The opponents even failed to file their evidence affidavit. As the opponents did not file their objection and affidavit, the argument of the complainant is heard and posted for order. On perusal of the documents produced by the complainant, the complainant has proved deficiency on service on the part of the opponents.

          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) 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.

          12) 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 directed to pay a sum of Rs.10,000/- to the complainant in respect of F.D.R. No.000387 with future interest at the rate of 8% P.A. from 29/6/2012 till realization of entire amount.

          The O.Ps. represented by the Chairman and Secretary jointly and severally are directed to pay a sum of 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.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: 13^th day of April 2016)

Member                Member                            President.

gm*