Karnataka

Belgaum

CC/567/2014

Rekha T Gugaratti. - Complainant(s)

Versus

The Chairman of Shree Kapilnath Cr Sou Saha Ltd. - Opp.Party(s)

P.S.Kulkarni.

21 Aug 2015

ORDER

(Order dictated by Smt. S.S.Kadrollimath, Member)

ORDER

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

          2) The O.P.1 inspite of service of notice remained absent and placed exparte. The O.P. No.2 is appeared through advocate, filed his objection contended that some of the board of directors of the O.P. society have tendered resignation and some other persons have taken charge of the society as new directors of O.P. society.  This O.P. No.2 submits that one Sri. Khangani has taken the charge of the O.Ps. society. Further submits that the complainant never approached the O.Ps. society at any time and never demanded the refund of the deposit amount.

3) The complainant has filed his affidavit and documents are produced. O.P.2 has filed his affidavit and objection.

          4) We have heard the arguments of the 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 O.Ps. 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 oral and the documentary evidence on record establish that under F.D.R. Nos. 1498, 1501, 1500, 1507, and 1506 the complainant had kept a sum of Rs.25,000/- each respectively on 5/6/2012, another 4 F.Ds. on 29/6/2012 in fixed deposit with the O.P. society and the maturity value is Rs.50,000/-, each as on 5/6/2018 and another 4 F.D. on 29/6/2012 respectively.

          8) The O.Ps. No. 2 is appeared through advocate, filed his objection contended that some of the board of directors of the O.P. society have tendered resignation and some other persons have taken charge of the society as new directors of O.P. society. Further this O.Ps. submits that one Sri. Khangani has taken the charge of the O.Ps. society. The said Chairman Khanagani has appointed his wife Smt. Drakshayani wife of Murgesh Khanagani as managing director of the O.P. society and thereby the entire charge was taken by said Drakshayani Khanagani from O.p.2 therefore this O.p.2 is not a secretary of the O.Ps. society from 16/9/2013 onwards. O.P. No.1 inspite of service of the notice remained absent and is placed exparte.   Grievance of the complainant is that after maturity inspite of the demands made the amount remained unpaid. The complainant prior to filing of this complaint had issued legal notice through his counsel to O.P. No.2. This fact is stated in the affidavit and considering the entire facts, it is proved that inspite of the demands made the amount remained unpaid and the said act of the O.Ps. amounts to deficiency in service.

          9) The complainant at para No.2 of his complaint contended that he was in need of money to solve the family problems, therefore he demanded pre mature amount from the O.Ps.1 and 2 but O.Ps. 1 and 2 refused to pay the amount stating that there is a financial problem in the society. On the other hand, O.Ps. 1 and 2 in his objection at para No.4 page 3 contended that “This O.P submits that complainant was need of money he would have approached fairly with O.P. society and would have received back the deposit amount pre maturely. Instead of doing so, the complainant has approached this Hon’ble Forum making false and frivolous allegations agains the opponents”.

          10) Morever, the O.P.2 has also filed in his affidavit at para No.6 contending that “if the Hon’ble forum comes to conclusion that the O.P. society has to repay the deposit amount prematurely then, the complainant is entitled to receive the actual deposit amount with interest at the rate of 4 % P.A. only”. By observing these paras and the contention taken by in his objection and affidavit, on one pretext the O.Ps. denies the contents of allegations and as noted supra demands to dismiss the complaint and on the other hand as noted supra the O.P. stated that they are ready to pay the amount at rate of 4% P.A. This itself shows that, for the sake of deniel the O.P. has taken contention in the objection that the complainant has never approached the society and demanded the amount. Another point here is to be considered that the complainant prior to approaching the forum has got issued legal notice on 9/5/2014 and the O.P.2 has acknowledged the same which is at serial No.4 of list of document produced by the complainant. To this legal notice as contended by the complainant the O.Ps. have not replied to this legal notice and also it is not the case of the O.Ps. that they have replied to the legal notice. Hence there are contradictions in the contents of objection and affidavit filed by O.Ps.

          11) The complainant has claimed prematured F.D. amount, and to claim prematured F.D. amount there is no bar. As per the direction of the R.B.I., the complainant is not entitled agreed rate of interest, but the complainant is entitled for reduced rate of interest.

12) 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.

13) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The O.P’s. represented by the Chairman and secretary as shown in the cause title jointly and severally are hereby directed to pay total sum of Rs.25,000/- to the complainant in respect of F.D.R. Nos. 1498 with interest at the rate of 8% P.A. from 5/6/2012 and Rs.1,00,000/- in respect of F.D.R.No. 1501, 1500, 1507 and 1506 with interest at the rate of 8% P.A. from 29/6/2012 respectively till realization of the entire amount.

          So also, O.P’s. represented by the Chairman and Secretary as shown in the cause title jointly and severally are hereby directed to pay a sum of Rs.2,000/- to the complainant towards costs of the proceedings.

          The order shall be complied within 30 days from the date of the order.

          (Order dictated, corrected & then pronounced in the Open Forum on this 21^st day of August 2015).

Member                    Member                    President.

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