Karnataka

Belgaum

CC/153/2015

Laxmi M Patil - Complainant(s)

Versus

The Chairman Of Shree Ragunath Sou Saha Ltd - Opp.Party(s)

M A Sayyad

16 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.153/2015

                     Date of filing: 11/03/2015

                                                                  Date of disposal: 16/12/2016

 

P R E S E N T :-

 

	(1)	Shri. A.G.Maldar, B.Com,LL.B. (Spl.) President.
	(2)	Smt.J.S. Kajagar, B.Sc. LLB. (Spl.)  Lady Member.

 

 

COMPLAINANT/S   -

1.         2.

Smt. Laxmi Malagouda Patil, Age: 35 Years, Occ: Housewife, R/o: Nipani, Tq: Chikodi, Dist. Belagavi.   Shri. Chandrakant Malagouda Patil, Age: 28 Years, Occ: Business, R/o: Nipani, Tq: Chikodi, Dist. Belagavi.                     (Rep. by Shri.M.A.Sayyad, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.

The Chairman, Shree Raghunath Souhared Sahakari Ltd., Nipani, Tq: Chikodi, Dist. Belagavi.   The Secretary, Shree Raghunath Souhared Sahakari Ltd., Nipani, Tq: Chikodi, Dist. Belagavi.                                          (Rep. by Sri. S.R.Sakri, Adv.                                           for Op.No.1 & 2)

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1)         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 matured F.D.R.

 

          2) After issue of notice to the Ops. The Op.No.2, has appeared through his Counsel and resisted the claim of the complainant by filing his written version and Op.No.1 adopt the same by filing the memo. The O.Ps. in the written version denied the all allegation and deficiency in service and contend that, there is no cause of action and alleged that, the complainant has not approached the OPs society and allegations made are baseless.  

 

          3) To prove the facts alleged in the complaint, the complainant No.1 has filed his affidavit and produced original F.D. receipts and certain other documents. The OP.No.2 has filed his affidavit.

 

          4) We have heard the arguments of the learned counsel for the both parties and we have perused the records.

 

          5) Now the point for our consideration is that;

 

1.  Whether the complainants have proved deficiency in service on the part of the O.Ps. and entitled to the reliefs sought?

 

2. What Order?

 

          6) Our finding on the points are as follows;

 

1.      Affirmative.

          2.      As per final Order.

:: R E A S O N S ::

 

          7) The evidence on record establish that, the complainants have kept a sum of Rs.11,000/- in fixed deposit under F.D. No.3013 on 02.07.2002 with interest @ 15 % p.a. to mature on 02.04.2007 as value of Rs.22,140/- and another F.D.No.3012 of Rs.10,000/- on 02.07.2002 with interest
@ 15% p.a. to mature on 02.04.2007 as value of Rs.20,127/.

 

 

 

          8) Grievance of the complainants is that, after the maturity of F.D. amount and inspite of the demands made, the maturity value remained unpaid. The complainants in his complaint have contended that, he has requested to the OPs return the said F.D. amount alongwith the maturity value. But, the OPs are postponing the same by assigning one or other reasons. The complainant further contended that, it is obligatory on the part of OPs to refund the said F.D. amount, but OPs are failed to refund the same and thereby OPs have committed the deficiency of service as contemplated under the provision of C.P. Act. The OPs contended in the version and denied the deficiency in service and contend that, there is no cause of action and alleged that, the complainants have not approached the society and allegations made are false and baseless. The OPs at para No.5 of the objection has admitted the remittance of the deposits and contended that, the complainants have never approached the Souharda Sahakari with the maturity claims and thereby they are not entitled for any future interests from 3^rd April 2007, but can only claim interest @ 5% of amounts under Savings Deposits and prayed to dismiss the complaint. In order to establish this  contention, the OPs have not filed supporting affidavit evidence and not furnished any material documents to accept the contention contended in written version. Therefore, in our consider view that, the OPs have failed to establish as alleged in the written version.

 

The complainants have established their case in respect of deficiency of service on the part of the OPs by filing the supporting affidavit evidence and material documents i.e. the original F.D. receipts is on record the said documents have been marked as Ex.P-1 & Ex.P-2 for sake of our convenience. These facts pleaded in the complaint and stated by the complainants are not disputed or denied by the OPs. Hence, the said matured F.D. amount of Rs.22,140 and Rs.20,127/- payable to the complainants by the OPs bank is proved.

No-doubt it is true that, the conduct of OPs in not paying the matured amount, even after service of legal notice which is already marked as Ex.P-5, certainly amounts to deficiency in service. The OPs not only liable to pay the matured amount, but they are also liable to pay interest
@ 8 % p.a. on the matured F.D. amount from the date of maturity till the date of payment. It is just and proper to award a compensation of Rs.2,000/- each of the complainant for inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/- with cost. Hence, we answer to the above point No 1 in affirmative.  Hence, we proceed to pass the following.

 

:: O R D E R ::

 

         

For the reason discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

          The OP.No.1 & 2 are jointly and severally are directed to pay a sum of Rs.22,140/- and Rs.20,127/-  towards maturity amount as per the F.D. receipts with interest @ 8 % p.a. respectively from the date of maturity i.e. 02.04.2007 till its realization.

 

          Further, the OP.No.1 & 2 are jointly and severally are directed to pay a sum of Rs.2,000/- to each of the complainant towards mental agony and Rs.1,000/- towards cost of the proceedings.

 

          The order shall be complied within 08 weeks from the date of this order.

 

If the order is not complied within 08 weeks from the date of this order, the complainants are entitled to recover with Additional interest @1.5% p.a. from the date of complaint till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 16^th day of December 2016).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.