Karnataka

Belgaum

CC/276/2015

Smt. Sudha Kedarnath Undre - Complainant(s)

Versus

The Chairman, Shree Ashraya Souhard Credit Society Ltd, - Opp.Party(s)

Dayanand H. Choudhari

11 May 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.276/2015

 

                     Date of filing: 02/06/2015

 

                                                                  Date of disposal: 11/05/2017

 

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.

   

 

COMPLAINANTS      -

1.         2.

Mrs. Sudha Kedarnath Undre, Age : 48 Years, Occ: Housewife, R/o : H.No.1140, Saraf Galli, Shahapur, Belgaum.   Mr. Kedarnath Jotiba Undre, Age : 52 Years, Occ: Service, R/o : H.No.1140, Saraf Galli, Shahapur, Belgaum.                     (Rep. by Shri.D.C.Choudhari, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.         3.

The Chairman, Shree Aashraya Souharda Credit Society Ltd., 1st Floor Arjun Sankal, Dane Galli, Shahapur,  Belagavi.   The Chairman, Shree Aashraya Souharda Credit Society Ltd., 1st Floor Arjun Sankal, Dane Galli, Shahapur,  Belagavi.                                       (Rep. by Sri. S.R.Sakri, Adv. for OPs)

 

JUDGEMENT

 

By Shri. A.G. Maldar, President

 

 

            1)         The relevant facts of the case is that, the complainant has filed the complaint U/s. 12 of the Consumer Protection Act 1986 against the OPs. alleging deficiency in banking service of non refund of the matured fixed deposits amount.

 

          2) After issue of notice to the Op. The Ops, have appeared through their Counsel and resisted the claim of the complainant by filing their written version and denied the all allegation except deposit etc., and deficiency in service and contended that, there is no cause of action and alleged that, the complainant has not approached the OP society 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 complainants are not entitle for the interest as agreed and allegations made are baseless and prayed for dismissal of the complaint.  

 

3) Both the parties have filed their affidavits in lieu of evidence in support of their case. The complainant has produced 04 documents i.e. Original F.D. receipts, Office copy of demand notice, R.P.A.D. Slips and Acknowledgements, which are marked as Ex.P-1 to Ex.P-4. On the contrary the Ops has produced one document i.e. Statement of Accounts, which is marked as Ex.R-1, for sake of our conveniences, we have marked P & R series. Heard the argument of both sides.

 

 

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

 

 

1. Whether the complainants have 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) On the perusal contents of the complaint and affidavit filed by the complainants, the complainants have stated that, for the future maintenance, they have deposited the amount in the OPs Souhard Society in the form of fixed deposits in Masik Vetan Yojane. The fixed deposits made by the complainants are as under:

 

Sl. No.	A/C No.	Date of Dep. For 36 months	Dep. Amt.	Date of Maturity	Maturity Amt.	R.O.I.	Monthly interest income
1	154	27.01.10	45000/-	27.01.13	45000/-	13%	5850/-
2	159	03.03.10	37000/-	03.03.13	37000/-	13%	4810/-
3	205/35	14.10.10	20000/-	14.10.13	20000/-	13%	2600/-
4	206/35	18.10.10	24000/-	18.10.13	24000/-	13%	3120/-
5	237/35	03.03.11	18000/-	03.03.14	18000/-	13%	2340/-
6	290/35	12.08.11	30000/-	12.08.14	30000/-	13%	3900/-
Total					174000/-

 

          7) Grievance of the complainants are that, after the maturity of F.Ds. amount and inspite of the demands made, the maturity value remained unpaid. The complainants have contended that, they have requested to the OPs return/refund the said F.D. amounts alongwith the maturity value. But, the Ops are postponing the same by assigning one or other reasons, without valid reason. The complainants further contended that, it is obligatory on the part of OPs to refund the above said maturity 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 OPs contended in the written version and denied the deficiency in service and contend that, there is no cause of action and further admitted that, the remittance of the deposits and interest are already credited to the savings deposit account and further contended that, the complainants have 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 complainants are not entitle for the interest as agreed and prayed to dismiss the complaint. In order to establish this contention, the OPs have not filed supporting affidavit evidence and not furnished any material documents to accept the contention contended in written version but, the OP mere a relying a statement produce at the time of argument which is disputed by the complainant. hence, mere producing statement of account to show that, the Masik Vetan Yojane credited in the S.B. A/c and the Ops have not produced a document to show that, the same credited amount has been withdrawn by the complainant.  Therefore, in our consider view that, the OPs have failed to establish as alleged in the written version.

 

9) The complainants have 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 (total 6 FD receipts), for sake of our convenience. These facts pleaded in the complaints and stated by the complainants are not disputed or denied by the OPs. Hence, the said matured F.Ds. amount payable to the complainants by the OPs bank is proved.

 

10) No-doubt it is true that, the conduct of OPs in not paying the matured amount, it amounts to deficiency in service on the part of the OPs. Hence, in our consider view, the complainants have established the case as alleged in the complaint. Therefore, the OPs are directed to pay the respective F.Ds. amount i.e. Masik Vetan Yojana as per F.D receipts and further as per contention of the Ops, if there is any amount credit to the complainants account and the said credited amount has not been withdrawn, the complainants are entitled to withdraw the same amount, if the Ops have not credited the interest as per agreed rate of interest of Masik Vetan Yojana to the complainants as alleged by the OPs, the Ops have to pay interest from the date of deposit till maturity. However, the complainants are also entitled to recover the interest @ 6 % p.a. on the respective matured F.Ds. amount from the date of maturity till realization. It would be 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/- each of the complainant. 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 complainants U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

          The OPs jointly and severally are hereby directed to pay the respective F.Ds. amount i.e. Masik Vetan Yojana as per F.D. receipts to the complainants, if the Ops have not credited the interest as per agreed rate of interest to the complainants, the Ops shall to pay interest from the date of deposit till maturity and further the complainants are also entitled to recover the interest @ 6 % p.a. on the respective matured F.Ds. amount from the date of maturity till realization.

 

          Further, the OPs 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 each complainant.

 

          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 complainants are entitled to recover with Additional interest @1.5% p.a. from the date of complaint i.e. 02.06.2015 till its realization.

 

 

           (Order dictated, corrected and then pronounced in the open Forum on: 11^th day of May 2017).

 

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.