Karnataka

Belgaum

CC/310/2015

Mahantesh S Bellad - Complainant(s)

Versus

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

G S Gokak

23 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.310/2015

 

                     Date of filing: 23/06/2015

 

                                                                  Date of disposal: 23/01/2017

 

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.Mahantesh Shrishail Beellad, Age: 52 Years, Occ: Business, R/o: 1st Floor, 2nd Main, 5th Cross, Sadashiv Nagar, Belagavi.                        (Rep. by Sri.G.S.Gokak, Adv.)

- V/S -

 

OPPOSITE PARTIES  -

1.       2.

The Chairman, Shree Aashraya Souharda Credit Society Ltd., Ashraya Empire Building, Near RPD Cross, Tilakwadi, Belagavi.                                                   (Ex-parte)   The Manager, Shree Aashraya Souharda Credit Society Ltd., Ashraya Empire Building, Near RPD Cross, Tilakwadi, Belagavi.                             (Rep. by Sri.S.R. Sakri, Adv.)

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1.      This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directed to pay an amount of Rs.2,01,851/- alongwith interest and compensation of Rs.25,000/- towards Mental agony and cost Rs.5,000/-.

 

2.      The facts of the case in brief are that;

 

          It is case of the complainant that, the complainant is the customer of the OP society and as such the complainant has kept deposit of Rs.69,039 vide its F.D. R.No.547/35, Rs.90,696/- vide its F.D.R.No.548/35 and Rs.73,836/- vide its F.D.R.No.591/35 dtd:05.10.2013 respectively and further the OPs have transferred the above said F.D. amounts to the S.B.A/c No.1303/45 of the complainant and the same is pending in the OPs society outstanding balance of Rs.2,01,851/-.   

 

          It is further complainant contended that, the complainant requested the Ops to release his F.D. amounts alongwith interest by closing the said accounts, as the complainant is a need of money for family debts and for business. But, the OP society postponed the same by giving one or the other reasons. Hence, there is deficiency of service on the part of OPs, finally the complainant had issued legal notice to the OPs on 05.05.2013. Even after the service of the notice the Ops have not made any payments. Hence, the complainant has constrained to file this complaint.   

 

3.      After issue of notice to the Opponents, the Op.No.1 has appeared through his counsel & Op.No.2 has neither appeared nor filed any version before this Forum. The OP.No.2 is placed Ex-parte and the OP.No.1 contended that, the complainant is the member of Souhard Sahakari and cannot maintain complaint against Souharda Sahakari as complainant has recourse to Sec.39 of KSS Act, the court has no jurisdiction to entertain the complaint and  the OP.No.1 further contended that, the complainant has neither appraised the Forum nor the OPs to assist him to take note as to where the Savings Deposit account lies and there is no deficiency in service on the part of the OPs.

 

            It is further OP contended that, the complainant has never approached the Souharda Sahakari with the above said deposited amount 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.

 

 4.     Both the parties have filed their affidavits in lieu of evidence in support of their case. On behalf of the complainant has produced 7 documents, for shake of our convenience, we have marked as Ex.P-1 to Ex.P-7. On behalf of Opponent has not filed any documents. The Adv. for Complainant has filed his Written Argument and heard the argument of both sides.

 

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

 

1.  Whether the complainant has proved that there is deficiency in service on the part of the OPs for not refund the Savings deposit amount?

 

2.  What order?

 

5.         Our findings to the above points are as under:

 

 

1.  Affirmative.
2.  As per final Order.

 

 

R E A S O N S :-

 

6.      Point No.1 : We have gone  through the pleadings, evidence of complainant and as well as documents on record. It is admitted fact that, the complainant has deposited the amounts to secure his future and made deposit of Rs.69,039 vide its F.D. R.No.547/35, Rs.90,696/- vide its F.D.R.No.548/35 and Rs.73,836/- vide its F.D.R.No.591/35 dtd:05.10.2013 respectively and further the OPs have transferred the said matured F.D. to the S.B.A/c No.1303/45 on dtd:05.01.2013 of complainants account of Rs.2,01,851/-.

 

On perusal affidavit evidence of the complainant and the document produced by the complainant i.e. the Original pass book of S.B. A/c which is marked as Ex.P-2 and complainant being an old aged person. The claim of the complainant in respect above said S.B.A/c No.1303/45 amounts, though the complainant is depending on the interest amount for his livelihood and it is very difficult for his living in the absence of the interest.

 

The Ops have failed to pay the interest as promised to the complainant despite request and even the OP society is not ready to give the said amounts. Hence, these attitude and acts of the OPs is amounts to deficiency of service on the part of the OPs society as contemplated under the C.P. Act.

 

The Ops put forth in his objection and taken contention in written version of the that, the main contention of the Opponent is that, the complainant has not approached to the society 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. For that proposition, the OP has not produced any cogent and material evidence and document to hold that, the complainant has not approached to the OP society. Therefore, the OP has failed to establish as stated in the written version. Therefore, the contention of the OP cannot be hold good and it is not acceptable.

 

 Moreover, the above said transferred of F.D. amount to the  S.B. A/c No.1303/45 of Rs.2,01,851/- is not been denied by the OP except the contents taken in the written version, as to KYC norms and interest. Therefore, in our considered view that, on perusal of the contents of the affidavit evidence and documents produced by the complainant and notice was issued by the complainant through his counsel, the said notice is duly served on the Ops. In-spite of service of notice OPs failed to reply to the said notice and failed to pay the said amount of Rs.2,01,851/- of S.B.A/c No.1303/45 as well as interest to the complainant. The OPs violated the terms of the contract to pay interest as promised to the complainant, it amounts to deficiency in service as contemplated under the act.

 

It is a duty of the OPs that, the OP ought to have paid or settled the amount as per pass book balance amount of complainant and further it is the right of the complainant, the said balance amount of Rs.2,01,851/- with interest @ 8 % p.a. from the date of balance i.e. 05.01.2013, till the date of payment.  Hence, in our considered opinion that, the Ops not only liable to pay the above said amount, but they are also liable to pay compensation of Rs.2,000/- towards inconvenience and mental agony and Rs.1,000/- towards cost of litigation to the complainant, with this we answer to Point No.1 in partly Affirmative. Hence, we proceed to pass the following;

           

O R D E R

 

          For the reasons discussed above, the complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is hereby partly allowed with costs.

 

The OPs are hereby directed to pay an amount of Rs.2,01,851/- of S.B.A/c No.1303/45 to the complainant with interest @ 8% P.A. from the date i.e. 05.01.2013 till realization.

 

Further, the OPs are hereby directed to pay a sum of Rs.2,000/-  towards mental agony and Rs.1,000/-  being the cost of the litigation to the Complainant.

 

          The order shall be complied within 10 weeks from the date of this order, failing to which the complainant is entitled to recover additional interest @ 1.5 % p.a. from the date of complaint i.e. 23.06.2015 till its realization.

 

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 23^rd day of January, 2017).

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.