Karnataka

Belgaum

CC/342/2015

Smt. Gangubai Jinagouda Malgoudannavar, - Complainant(s)

Versus

The Chairman, Shree Om Sai Multipurpose Souhard Sahakari Niyamit, Hukkeri - Opp.Party(s)

S.T.Hulennavar

27 May 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.342/2015

 

                     Date of filing: 08/07/2015

 

                                                                  Date of disposal:27/05/2017

 

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.

 

 

COMPLAINANT      -

Smt.Gangubai W/o Jinagouda Malagoundannavar, Age: 80 Years, Occ: Household Work, R/o: Yalimunoli Village, Tq: Hukkeri, Dist.Belagavi.                  (Rep. by Shri.S.T.Hulennavar, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.       2.

The Chairman, Shree Om Sai Multipurpose Shouhard Sahakari Niyamit, Hukkeri.     The Secretary, Shree Om Sai Multipurpose Shouhard Sahakari Niyamit, Hukkeri, Dist.Belagavi.                               (Rep. by Sri. S. D. Patil, Adv.                                             for Op.No.1 & 2.)

 

JUDGEMENT

 

By  Smt. J.S. Kajagar, Lady Member.

 

 

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 the matured F.D. amount of Rs.2,00,000/- alongwith interest till its realization and compensation of Rs.20,000/- towards mental agony and any other reliefs etc.,

 

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

 

It is case of the complainant that, the complainant has deposited the amount in the OP Society and OPs society have offered to pay better rate of interest and as such the complainant has kept fixed deposits with Ops society. The details of amount deposited as shown below:-

Sl. No.	F.D. Receipt	F.D. Amount	Date of F.D.	Date of Maturity	Maturity Amt.
01.	00868	100000/-	04.04.08	04.09.13	200000/-

 

 

 

 

It is further case of the complainant that, after the maturity of F.D. amount, long back the complainant has requested the OPs to refund the said matured F.D. amount alongwith accrued interest, but OPs have not paid the amount and thereby avoided to make payments by giving one or the other reasons. Inspite of repeated request the OPs failed to refund the matured F.D. amount and it is obligatory on the part of the OPs to refund the above said F.D. amount to the complainant and thereby OPs committed the deficiency of service as contemplated under the provision of C.P. Act.

 

          It is also further case of the complainant that, due to persistent refusal of the OPs to repay the FD amount, the complainant has got issued legal notices to the OPs through his Counsel on dtd: 17.03.2015 and notice was duly served to the OPs. But, the OPs have neither replied nor complied with said notice. However, the OPs refused to return the fixed deposited amount by giving one or other reasons. Hence, the complainant has constrained to file this complaint.  

 

 

3.      After issue of notice to the OPs, Shri. S.D. Patil, Advocate has appeared for Op.No.1 & 2 and he has neither filed any written version nor put-forth any affidavit evidence in the above said complaint. 

 

4.      The Complainant has filed his affidavit in support of his claim and produced Original F.D. Receipt, copy of legal notice, Postal receipts and Acknowledgements for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-4. On the other hand, the OPs have not produced any affidavits or documents, even written version. The Adv. for complainants has argued the matter. Heard the argument of complainant.

 

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

 

 

01. Whether the complainant has prove that there is deficiency in service on the part of the OPs for not settling the F.D. amounts?

 

02. What order?

 

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

 

 

01. Point No.1  In the Affirmative.

02. Point No.2  As per final Order.

 

 

 

R E A S O N S :-

 

6.      Point No.1:   We have gone through the pleadings, affidavit evidence of complainant and as well as documents on records. It is admitted fact that, the complainant has deposited the F.D. amount in Ops society and OPs have issued F.D. receipt to the complainant, the said document of Original F.D. receipt marked for sake of our convenience as Ex.P-1. Further, the case of the complainant that, several times approached the OPs and requested to refund the F.D. amount but, the OPs society failed to pay the matured F.D. amount with interest on maturity. Inspite of receipt of legal notice and request, the OPs have not bothered to pay back the complainant F.D. matured amount, these acts of the Ops are clearly shows that, 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
is fixed by the complainant in Ops society, but the OPs failed to pay F.D. maturity amount and one or the other reason dragging the same without valid reasons, these attitude of the
OPs are amounts to deficiency of service on the part of OPs.  For that proposition of law, 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 light of the law laid down by the Hon’ble Supreme Court and National Commission regarding maintainability of complaint, it is aptly applicable to this case. 

 

Therefore, the complainant is entitled to receive the F.D. maturity amount as per the F.D. receipt with interest @ 6 % p.a. from the date of maturity i.e. 04.09.2013 till realization. Hence, due to non-payment of F.D. matured amount by the OPs is caused mental agony and harassment to the complainant. In our considered view that, it is just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony and we also award litigation expenses of Rs.1,000/-. Hence, we answer to Point No.1 in partly 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 hereby directed to pay the F.D. maturity amount as per the F.D. receipt with interest @ 6 % p.a. from the date of maturity i.e. 04.09.2013 till realization.

 

The OP.No.1 & 2 jointly and severally are hereby directed to pay compensation of Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of the litigation within 10 weeks from the date of this order, failing to which, the complainant is entitled to recover Addition interest @ 2 %  p.a. from the date of complaint i.e. 08.07.2015 till realization.

 

 

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this  27^th day of May, 2017).

 

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.