Karnataka

Belgaum

CC/305/2015

Vijay M Daddikar - Complainant(s)

Versus

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

R A Prabhu

28 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.214/2015

                     Date of filing: 22/04/2015 &

C.C.No.303 to 305/2015

Date of filing 19/06/2015

                                                                 Date of disposal:28/01/2017

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.

 

 

COMPLAINT NO.214/2015

 

 

COMPLAINANT   -

Shri.Nagaraj M. Pujari, Age: Major, Occ: Business, R/o: 1893, Melge Galli, Shahapur, Belgavi.                     (Rep. by MS.R.A. Prabhu.Adv.)

 

 

COMPLAINT NO.303/2015

 

 

COMPLAINANTS   -

Kumari.Achal D/o Vijay Daddikar, Age: 4 Years, Since Minor Rep. by her Minor Guardian Father, Shri.Vijay Madan Daddikar, Age: Major, Occ: Business, R/o: 1865/A, Jed Galli, Shahapur, Belgavi – 590003.                           (Rep. by MS.R.A. Prabhu.Adv.)

 

COMPLAINT NO.304/2015

 

 

COMPLAINANT   -

Kumar.Naman S/o Vijay Daddikar, Age:6 Years, Since Minor Rep. by his Minor Guardian Father, Shri.Vijay Madan Daddikar, Age: Major, Occ: Business, R/o: 1865/A, Jed Galli, Shahapur, Belgavi – 590003.                          (Rep. by MS.R.A. Prabhu.Adv.)

 

COMPLAINT NO.305/2015

 

 

COMPLAINANT   -

Shri.Vijay Madan Daddikar, Age: Major, Occ: Business, R/o: 1865/A, Jed Galli, Shahapur, Belgavi – 590003.                          (Rep. by MS.R.A. Prabhu.Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.

The Chairman, Shree Aashraya Souharda Credit Society Ltd.,760, Kalmath Road, Belgaum.   The Branch Manager, Shree Aashraya Souharda Credit Society Ltd., Shahapur, Belgaum.                        (Rep. by Sri. S.R. Sakri, Adv.)

 

By  Sri.A.G. Maldar, President.

 

COMMON JUDGEMENT

 

 

1.      All these complaints were filed by the complainants under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directing them to pay the F.D. matured amounts as per the respective F.D. receipts with interest from the date of maturity with and in one lump-sum and compensation of Rs.25,000/- each of the complainant towards the damages and any other reliefs deemed fit under the circumstances of the cases.

 

2.      Since the common question of law and facts involved in these complaints, they were taken-up together for disposal by the Common Judgments by this Forum.

 

          The brief facts leading to these complaints are that,

 

The case of the complainants are that, the complainants member/customer of the OP Society and as such the complainants have kept fixed deposits with OP society on various dates of the respective Complaints. The details of amounts deposited as shown below:-

 

In COMPLAINT NO.214/2015

 

The complainant had deposited an amount of Rs.70,000/- vide A/c No.795/38 on 27.04.2011 with maturity date 27.07.2012 and further the complainant had renewed the said deposit for another period of 22 months i.e. on 27.07.2012 to 27.05.2014 with interests @10% p.a. with maturity value of Rs.94,916.

 

 

 

In COMPLAINT NO.303/2015

 

The complainant had deposited an amount of Rs.90,000/- vide A/c No.748/38 on 18.02.2011 with maturity date 18.05.2012 and further the complainant had renewed the said deposit for another period of 27 months i.e. on 18.05.2012 to 18.08.2014 with interests @10% p.a. with maturity value of Rs.1,28,571/-.

 

In COMPLAINT NO.304/2015

 

The complainant had deposited an amount of Rs.90,000/- vide A/c No.749/38 on 18.02.2011 with maturity date 18.05.2012 and further the complainant had renewed the said deposit for another period of 27 months i.e. on 18.05.2012 to 18.08.2014 with interests @10% p.a. with maturity value of Rs.1,28,571/-.

 

In COMPLAINT NO.305/2015

 

The complainant had deposited an amount of Rs.90,000/- vide A/c No.747/38 on 18.02.2011 with maturity date 18.05.2012 and further the complainant had renewed the said deposit for another period of 27 months i.e. on 18.05.2012 to 18.08.2014 with interests @10% p.a. with maturity value of Rs.1,28,571/-.

 

It is further complainants contended that, after the maturity of respective F.D. amount, long back the complainants have requested the OP.No.2 to refund the said matured respective F.D. amount alongwith accrued interest, but even after the said period the OP thereby avoided to make payments by giving one or the other reasons. Inspite of repeated request, the OP failed to refund the matured F.D. amounts and it is obligatory on the part of the OP to refund the above said F.D. amounts to the complainants and thereby OP committed the deficiency of service as contemplated under the provision of C.P. Act.

 

          It is also further complainants contended that, due to persistent refusal of the OP to repay the FDs amounts, the complainants have got issued legal notices to the OP through their Counsel on dtd:13,02,2015 in Compt.No.214/2015 and 18.08.2014 in C.C.No.303 to 305/2015 and notices were duly served to the OP. But, the OP has neither replied nor complied with said notices. However, the OP refused to return the fixed deposited amounts by giving one or other reasons, hence, the complainants have constrained to file these complaints.  

 

3.      After issue of notice to the Opponents. The Op.No.1, has appeared through his Counsel and resisted the claim of the complainants by filing his written version and Op.No.2 has filed memo stating that, the written version of Op.No.1 adopt the same.

 

The OP.No.1 further contended in the written version that, the main contention of the OP is that, the complainants have not approached to the Sahakari/society and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainants are not entitle for the interest as agreed in the complaints and therefore, the OP prayed to dismiss the complaints.

 

 4.     The Complainants have filed their affidavits in support of their claim and produced Original F.D. Receipts, Postal Acknowledgements and the copy of legal notices, for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-3. On the other hand, the OP.No.1 has filed his affidavit and not produced any documents. The Adv. for complainants have filed their written arguments and heard the argument on both sides.

 

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

 

 

 

1. Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling/refunding the payment of F.D. amount?

 

2.  What order?

 

 

5.      Our findings on the above points are as fallow;

 

 

1.  Point No.1  in the 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 complainants and as well as documents on records. It is admitted fact that, the complainants are members of the Ops society. The Ops society has issued F.D. receipts to the complainants, the said documents of Original F.D. receipts were marked as Ex.P-1. Further, the case of the complainants are that, several times approached the OPs and requested to paid the F.D. amounts, but the Opponents society failed to pay the matured F.D. amounts with interest on maturity. Inspite of receipt of notice, the opponents have not bothered to pay back the complainants F.D. matured amounts, these acts of the Ops it amounts to deficiency of service on the part of the Ops.

 

 

It is a duty of the OPs that, after the maturity of F.D. amount a mandatory duty on the part of OPs to disburse or settle the F.D. amount by giving the make good payment which were fixed by the complainants in Ops society, but the OPs failed to pay F.D. maturity amount and one or the other reason dragging and alleging untenable contention is amounts to deficiency of service on the part of OPs.  We would like to refer a decision of Hon’ble Tamil Nadu State Consumer Disputes Redressal Commission, Chennai in 2010 (1) CPR 62. Wherein the Hon’ble State Commission observe that, non-refund of maturity amount of F.D. amount, amounts to deficiency of service attracting Sec.2(1) (g) of C.P. Act and further observe that, Consumer Forum have jurisdiction to entertain complaint against the Co-Operative Societies.  In the law laid down by Hon’ble Supreme Court and National Commission regarding maintainability of complaint, it is aptly applicable to these cases. 

 

Therefore, the complainants are entitled to receive their respective maturity amount as per the F.D. receipts with interest
 @ 8 % p.a. from the date of maturity till realization.  Hence, due to non-payment of F.D. matured amount by the OPs is caused mental agony and harassment to the complainants. In our considered view that, it is just and proper to award a compensation of Rs.2,000/- each of the complainant for inconvenience and mental agony. Added to this we also award litigation expenses of Rs.1,000/- to the each of the complainant. Hence, we answer to Point No.1 in affirmative. Accordingly, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

O R D E R

 

For the reason discuss above, the complaint filed by the complainants U/s 12 of the C.P. Act – 1986 in Complaint Nos.214/2015, 303/2015, 304/2015 and 305/2015 are here by partly allowed with costs.

 

 

The Opponent No.1 & 2 is hereby directed to pay the respective maturity amount as per the F.D. receipts with interest
 @ 8 % p.a. from the date of maturity till realization. 

 

 

The Opponent No.1 & 2 also hereby directed to pay compensation of Rs.2,000/- and Rs.1,000/- towards cost of each complainant within 8 weeks from the date of this order, failing to  which liable to pay Addition interest @ 1.5 % p.a. from the date of complaints till final realization.

 

Keep the Original Judgement in Complaint.No.214/2015 and copies thereof in other complaints for ready reference.

         

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 28^th day of January, 2017).

 

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.