Karnataka

Belgaum

CC/309/2015

Sadashiv A Khade - Complainant(s)

Versus

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

P B Pawar

21 Oct 2015

ORDER

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

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.Rs.

          2) Despite service of notice, both O.Ps. have remained absent. Hence place ex-parte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.Rs. are 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 respondent had approached the complainant and assured to the complainant to pay higher rate of interest. Believing the words of the respondent. 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	000550	16/5/2006	12,000/-	24,000/-	17/5/2013
2	000549	16/5/2006	10,000/-	20,000/-	17/5/2013
3	000682	5/5/2007	30,000/-	40,000/-	6/5/2014

          Therefore the complainant after maturity the approached respondent to return F.D.Rs. maturity amount along with interest, the respondent failed to return the matured F.Ds. amount in favour of the complainant. Inspite of several request and reminders the respondents 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 respondent.  Hence complainant filed the complaint against the respondents, to pay the maturity F.Ds. amount along with future interest.

8) On perusal documents produced by the complainant and 3 F.D.Rs. which are standing in the name of the complainant. Inspite of maturity the respondents have not paid the amount. The complainant had deposited under F.D.R. No.000550 and amount of Rs.12,000/- for 84 months the date of maturity on 17/5/2013 for Rs.24,000/- and another F.D.R. bearing No.000549 an amount of Rs.10,000/- date of maturity on 17/5/2013 for Rs.20,000/- and another F.D.R. No.000682 maturity amount of Rs.40,000/- maturity date on 6/5/2014. The O.Ps. failed to pay the maturity amount to the complainant after service of notice O.Ps. failed to appear before the forum and failed to pay the maturity amount. Hence deficiency in service on the part of the O.Ps. On perusal contents of the affidavit evidence and documents produced by the complainant, complainant has proved deficiency in service on the part of the opponents.

          9) 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.

          10) 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.

          11) 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.24,000/- to the complainant in respect of F.D.R. No.000550 with future interest at the rate of 8% P.A. from 18/5/2013 till realization of entire amount and in respect of F.D.R.No.000549 an amount of Rs.20,000/- with future interest at the rate of 8% P.A. from 18/5/2013  till realization of entire amount and in respect F.D.R. No.000682 an amount of Rs.40,000/- with future interest at the rate of 8% P.A. from 7/5/2014 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: 21^st day of October 2015)

Member                Member                            President.

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