Karnataka

Belgaum

CC/248/2015

Anant A Adkurkar - Complainant(s)

Versus

The Chairman Shree Aashraya Sou Cr Scty Ltd. - Opp.Party(s)

S M Gavade

20 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.248/2015

 

                     Date of filing: 14/05/2015

 

                                                                  Date of disposal: 20/01/2017

 

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      -

Shri.Anant Rama Adkurkar, Age: 72 Years, Occ: Business, R/o: 404, Savarkar Road, Tilakwadi, Belagavi.                     (Rep. by Shri.S.M.Gawade, Adv.)

 

- V/S -

 

OPPOSITE PARTY  -

The Chairman, Shree Aashraya Souharda Credit Society Ltd., Kalmath Road,  Belagavi.                                          (Rep. by Sri. S.R.Sakri, Adv.)

 

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1)         U/s. 12 of the C.P. Act, the complainant has filed the complaint against the OP alleging deficiency in service of non payment of the matured F.D. amount.  

 

          2) After issue of notice to the Op. The Op, has appeared through his Counsel and resisted the claim of the complainant by filing his written version and denied the all allegation and deficiency in service and contended that, there is no cause of action and alleged that, the complainant has not approached the OP society and allegations made are baseless.  

 

3) Both the parties have filed their affidavits in lieu of evidence in support of their case. The complainant has produced 03 documents, for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-3. On the contrary the OP has not produced any document. The Advocate for OP has argued the matter and we have taken as heard the argument of complainant.

 

4) Now, the following points that arise for our consideration in deciding the case are;

 

 

1. Whether the complainant has prove that there is deficiency in service on the part of the OP for not settling the payment of F.D. amount?

 

2.  What order?

 

          5) Our finding on the points are as follows;

 

1.      Affirmative.

          2.      As per final Order.

 

 R E A S O N S

 

6) By perusing the pleadings of complainant, document on record and affidavit evidence, the complainant is the customers of the OP society and as such the complainant has kept fixed deposits with Op society, the details of amounts deposited as shown below:-

 

Sl.No.	A/c No.	Date of Deposit	Date of Maturity	Deposited Amt.	Matured Amt.	Rate of Int.
01.	31	14.05.2008	14.11.2014	Rs.25,000	Rs.50,000	@ 11%
02.	32	14.05.2008	14.11.2014	Rs.25,000	Rs.50,000	@ 11%
03.	33	14.05.2008	14.11.2014	Rs.25,000	Rs.50,000	@ 11%

 

 

          7) The case of the complainant that, after the maturity of respective F.D. amounts and inspite of the demands made by the complainant to the OP, but the OP has failed to refund the said F.D. maturity value. The complainant has contended that, he has requested to the OP refund the said F.D. amounts alongwith the maturity value. But, the OP is postponing the same by assigning one or other reasons without any valid reason. The complainant further contended that, it is obligatory on the part of OP to refund the said F.D. amounts, but OP is failed to refund the same and thereby OP has committed the deficiency of service as contemplated under the provision of C.P. Act.

 

8) The OP contended in the written version and denied the deficiency in service and further contended that, the main contention of the OP is that, the complainant has not approached to the Sahakari and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainant is not entitle for the interest as agreed, therefore, the OP prayed to dismiss the complaint.

 

9) The OP has taken contentions as alleged in the complaint, in order to establish this contention, the OP has 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 OP has failed to establish as alleged in the written version.

 

10) The complainant has established their case in respect of  deficiency of service on the part of the OP by filing the supporting affidavit evidence and material documents i.e. the original F.D. receipt is on record, the said document have been marked as Ex.P-1 to Ex-P-3, for sake of our convenience. These facts pleaded in the complaint and stated by the complainant is not disputed or denied by the OP. Hence, the said matured F.D. amounts of Rs.1,50,000/- payable to the complainant by the OP society is proved.

 

11) No-doubt it is true that, the conduct of OP in not paying the matured amount, it amounts to deficiency in service on the part of the OP. The OP not only liable to pay the matured amounts, but they are also liable to pay interest
@ 8 % p.a. on the said matured F.D. amounts from the date of maturity i.e. 14.11.2014 till the date of payment. It is just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/-. 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 jointly and severally are directed to pay towards F.D. maturity amount a total sum of Rs.1,50,000/- i.e. (Lsxmiaashraya Deposit A/c No.31 of Rs.50,000/-, A/c No.32 of Rs.50,000/- and A/c No.33 of Rs.50,000/-) with interest @ 8 % p.a. from the date of maturity i.e. 14.11.2014 till its realization to the complainant.

 

          Further, the OP.No.1 & 2 are jointly and severally are directed to pay a sum of Rs.2,000/- 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 complainant is entitled to recover with Additional interest @1.5% p.a. from the date of complaint i.e. 14.05.2015 till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 20^th day of January 2017).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.