Karnataka

Belgaum

CC/711/2014

Vandana V Kulkarni. - Complainant(s)

Versus

The Chairman of Sri Basaveshwara Cr Sou Saha Nyt - Opp.Party(s)

S G Jamkandi

17 Aug 2015

ORDER

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

: ORDER :

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

          2) Notices were issued against Opponents, said notices were served on opponents. Inspite of service of notice O.Ps. remained absent. Hence they have placed exparte.

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

          4) We have heard the arguments 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 opponents and entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

:: REASONS ::

          7) On perusal contents of the complaint and affidavit filed by the complainant.  The case of the complainant is that Sri. Basaveshwara Credit Souharda Sahakari Niyamit, Satti, Tal: Athani is engaged in Banking business and it is advanced loan with needy persons and also accepting deposit from the customers. The opponents having branch at Athani. The complainant was interested in investing her hard earned money. The opponents Souharda Sahakari offered better rate of interest and advised the complainant that she should deposit the money under the scheme “Basava Vetana”. The opponents told to the complainant that she would get Rs.1,000/- per month as interest for every One lakh deposited by her. Accordingly the complainant has deposited the sum of Rs.1,00,000/- on 15/4/2010 for a period of 6 years i.e. till 15/4/2016. The complainant was promised and get Rs.1,000/- per month as interest and accordingly till August 2013 the opponents have paid complainant Rs.1,000/- per month as interest. Interest for the said amount the deposited by her crediting the same to her S.B.A/c bearing No.2502 at said branch. After August 2013 opponents have not paid the complainant any interest as promised. The complainant had approached opponents Souharda Sahakari number of occasions but they have failed pay interest as promised under the said scheme to the complainant. Even though the said fixed deposit mature on 5/5/2016, complainant is not interested in continuing the same as opponents have violated terms of the contract and committed braech of contract. Complainant is depending on the interest amount for her livelihood and it is very difficult for her living in the absence of the interest. The opponents failed to pay the interest as promised to the complainant that amounts to deficiency of service as contemplated under the act.

          8) On perusal contents of the affidavit and documents produced by the complainant and notices were issued by the complainant through her counsel, the said notice are duly served on the opponents. In-spite of service of notice opponents failed to reply to the said notice and failed to pay the amount as well as interest to the complainant. Opponents violated the terms of the contract to pay interest as promised to the complainant, that amounts to deficiency in service as contemplated under the act. There is deficiency in service on the part of the opponents has been proved.  

          9) 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.

          10) Hence we proceed to pass the following order;

: ORDER :

          The complaint is partly allowed.

          The O.Ps. represented by the Chairman and Secretary shown in the cause title jointly and severally are hereby directed to pay to the complainant a sum of Rs.1,00,000/- in respect of FDR No.0900 and pay the interest amount of Rs.1,000/- per month from August 2013 till August 2014 and with future interest at the rate of 6% P.A. till realisation of the entire amount.

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

          Order shall be complied within one month from the date of the order.

          (Order dicted, corrected & then pronounced in the Open Forum on this 17^th day of August 2015)

          Member                    Member                    President

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