Karnataka

Belgaum

CC/260/2015

Gopalrao R Mense - Complainant(s)

Versus

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

S R Hiremath

25 Apr 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.260/2015

 

                     Date of filing: 20/05/2015

 

                                                                  Date of disposal: 25/04/2017

 

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. Gopalrao S/o Rudrappa Mense, Age : 83 Years, Occ : Now Nil, R/o : CTS No.2032, Ganapat Galli,  Belagavi.                       (Rep. by Shri.A.M.Patil, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.             2.

The Chairman, Shree Aashraya Souharda Credit Society Ltd., 760, Kalamath Road, Belagavi.                         (Rep. by Sri. S.R.Sakri, Adv.)                                               The Manager, Shree Aashraya Souharda Credit Society Ltd., 760, Kalamath Road, Belagavi.                                                                  (Ex-parte)

 

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

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

 

          2) After issue of notice to the Ops, the Op.No.1 has appeared through his Counsel and resisted the claim of the complainant by filing his written version and OP.No.2 has neither appeared nor filed any version. Hence, the Hon’ble Forum considered the OP.No.2 is placed Ex-parte and Op.No.1 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 two documents i.e. Original F.D. receipts, for sake of our conveniences, we have marked as Ex.P-1 & Ex.P-2.
On the contrary the OPs have not produced any document. Heard the argument of both sides.

 

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 OPs for not settling/refunding the F.Ds. 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 records and affidavit evidence establish that, the complainant has kept deposits in Masik Vetan Yojana a sum of Rs.5,00,000/- under A/c No.561/35 on dtd: 11.02.2011 for a period of 48 months with interest @ 12 % p.a. to mature on 11.02.2015 and another A/c No.562/35 for a sum of Rs.5,00,000/- on dtd: 11.02.2011 for a period of 48 months with interest @ 12 % p.a. to mature on 11.02.2015.

 

          7) Grievance of the complainant is that, after the maturity of F.D. amount and inspite of the demands made, the maturity value remained unpaid. The complainant in his complaint has contended that, he has requested to the OPs return/refund the said F.Ds. amount alongwith the maturity value. But, the OPs are postponing the same by assigning one or other reasons, without valid reason. The complainant further contended that, it is obligatory on the part of OPs to refund the said F.Ds. 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 1986.

 

          8) The OP.No.1 contended in the written version and denied the deficiency in service and contend that, there is no cause of action and alleged that, the complainant has not approached the society and allegations made are false and baseless.

 

9) The OP.No.1 at para No.4 of the written version has admitted the remittance of the deposits and interest are already credited to the savings deposit account and further contended that, the complainant has never approached the Souharda Sahakari with the maturity claims 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 and prayed to dismiss the complaint. In order to establish this contention, the OP.No.1 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.No.1 has failed to establish as alleged in the written version.

 

10) The complainant has established his 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 complainant is not disputed or denied by the OPs. Hence, the said matured F.D. amount of Rs.5,00,000/- and Rs.5,00,000/- payable to the complainant by the OPs bank is proved.

 

11) No-doubt it is true that, the conduct of OPs in not paying the matured amount, it amounts to deficiency in service. The OPs are directed to pay the Masik Vetan Yojana deposit amount for a sum of Rs.5,00,000/- and Rs.5,00,000/- from the date of deposit i.e. 11.02.2011 to 11.02.2015 with interest @ 12 % and further the OPs not only liable to pay the matured amount, but also liable to pay interest @ 7 % p.a. on the matured F.Ds. amount from the date of maturity i.e. 11.02.2015 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/-. Accordingly,  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  F.D. maturity amount a total sum of Rs.10,00,000/- i.e. (Masik Vetan Yojana invested A/c No.561/35 for Rs.5,00,000/-  and another A/c No.562/35 for
Rs.5,00,000/-) with interest @ 7 % p.a. from the date of maturity i.e. 11.02.2015 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 10 weeks from the date of this order.

 

If the order is not complied within 10 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. 20.05.2015 till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 25^th day of April 2017).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.