Karnataka

Belgaum

CC/4/2015

Kadesh K Kankanwadi - Complainant(s)

Versus

The Chairman Of Pragati Cr Sou Saha Ltd - Opp.Party(s)

S S Shilayyanavarmath

18 Mar 2016

ORDER

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

 

: ORDER :

 

I. The complainant/s are different in all the cases, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainant/s. In all the cases the O.P. society is same, represented by Chairman and Secretary. Hence for convenience all the cases are disposed off by the common order.

          II. Since there are 3 cases and different number complainant/s are there having same addresses and particulars of their deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular cases.

          III. The parties will be referred to as complainant/s, and opponents instead of serial number, as in all cases their numbers are same.

          1) The relevant facts of the cases are that the respective complainants have filed the complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the fixed deposits/deposit.

          2) After service of the notice the opponents are appeared through counsel and filed their objection and affidavit.

          3) In support of the claim of the complainant/s, the complainant/s have filed his/her affidavit by way of evidence and original F.D.Rs. are produced by the complainant/s.

          4) We have heard the arguments of complainant/s advocate and perused the records.

          5) Now the point for our consideration is that whether the complainant/s have 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) The complainant/s filed their affidavit by way of evidence and they have stated in their affidavit that, they were very much interested to invest their saved money in “Pragati Cash Certificate” in opponents Souhard Sahkari to get better interest, the complainant/s have approached the opponents society and they have invested their saved money in the said fixed deposits with the opponents as detailed under;

SL. No.	Complaint No.	FDR A/c. Nos.	Amounts Deposited	Date of Deposit	Maturity Amount	Date of Maturity	Interest
1	2	3	4	5	6	7	8
1	2/2015	3211	31,335	3/11/2011	35,252	4/11/2012	12.5%
		3212	31,335	3/11/2011	35,252	4/11/2012	12.5%
2	3/2015	3213	44,000	3/11/2011	49,500	4/11/2012	12.5%
		3214	31,685	3/11/2011	35,645	4/11/2012	12.5%
		3215	31,685	3/11/2011	35,645	4/11/2012	12.5%
3	4/2015	3216	31,685	3/11/2011	35,645	4/11/2012	12.5%
		3117	31,685	3/11/2011	35,645	4/11/2012	12.5%

 

The complainant/s further stated that after the maturity of the said F.D.Rs. complainant/s approached the opponent’s society personally and requested for the release of the said fixed deposits matured amount with interest, but the opponents are postponing the same on one or the other reasons. In complaint No.2/2015, the complainant No.1 and 2 are minor represented by minor guardian is complainant No.3.

          8) Lastly fed up with the opponent’s behavior they have issued legal notice through their advocate on 27/8/2014 calling upon the opponents for the immediate release of F.D.Rs. 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/s constrained to file these complaint/s before these forum.

9) On perusal objection filed by the opponents. The opponents have admitted that complainant/s had kept the F.D.Rs. in their society and same have been matured but immediately after the maturity of the amount the complainant/s have not visited and have not produced original F.D.R. receipt and not filed withdrawal voucher to get release the maturity amount with interest. The complainant/s further contended that this Hon’ble Forum has no jurisdiction to try and entertain this complaints as the complainant/s have to exhaust his remedy under Karnataka Co-Op. Souharda Act if there is any dispute between the members and the society concerned has to file dispute before the Registrar of Co-Op. Souharda Act as per the provisions. This Hon’ble forum no jurisdiction. Hence prays for dismiss the complaint.

10) On perusal evidence affidavit of the complainant/s, after maturity of F.D.Rs. the opponents have not paid F.D.Rs. amount. inspite of the demands made to the O.Ps. have not paid the amount. Hence, the claim of the complainant/s 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.

          11) The O.Ps. further contended that in view of the K.C.S. Act the forum has not jurisdiction but long back Hon’ble Apex Court has held that the Forum has jurisdiction to entertain and decide the complaint u/s. 12 of C.P. Act irrespective of section 70 of K.C.S. Act. Thus, deficiency in service on the part of the O.Ps. is proved.

 

12) Taking in to consideration of various aspects and the decision of the Hon’ble Apex Court reported in (2011) SCCR 268 as well as Hon’ble Apex Commission in a ruling reported in 2013 (2) CPR 574 as well as the purpose and object of the Act, absolutely it is just and necessary to impose heavy cost on daily basis if order remains uncomplied within period fixed for compliance of the order, so as to have feeling and pinch.

          13) Accordingly, following order.

ORDER

          The complaint is partly allowed.

The O.Ps. represented by the Chairman and Secretary jointly and severally are hereby directed and liable to pay to the complainant/s as ordered below;

SL. No.	Complaint No.	FDR A/c. Nos.	Amounts Deposited	Date of Deposit	Maturity Amount	Date of Maturity	Interest
1	2	3	4	5	6	7	8
1	2/2015	3211	31,335	3/11/2011	35,252	4/11/2012	12.5%
		3212	31,335	3/11/2011	35,252	4/11/2012	12.5%
2	3/2015	3213	44,000	3/11/2011	49,500	4/11/2012	12.5%
		3214	31,685	3/11/2011	35,645	4/11/2012	12.5%
		3215	31,685	3/11/2011	35,645	4/11/2012	12.5%
3	4/2015	3216	31,685	3/11/2011	35,645	4/11/2012	12.5%
		3117	31,685	3/11/2011	35,645	4/11/2012	12.5%

 

The maturity amount as mentioned in column No.6 with future interest at the rate of 8% P.A. from the dates mentioned in column No.7 respectively till realization of the entire F.D.Rs. amount.

          The O.Ps. represented by the Chairman and Secretary jointly and severally are hereby directed and liable to pay to the complainant/s a sum of Rs.2,000/- each 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, O.Ps. are hereby directed to pay a sum of Rs.50/- per day to the complainant/s from the date of disobedience of order, till the order is complied.

The original order shall be kept in complaint No.2/2015 and the true copy in other clubbed cases.

 (Order dictated, corrected and then pronounced in the open Forum on: 18^th day of March 2016).

           Member                   Member                   President.

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