Karnataka

Belgaum

CC/609/2015

Gouravva S Vaddin - Complainant(s)

Versus

The Chairman Shri Malaprabha Co-Op Cr Scty Ltd - Opp.Party(s)

R G Bhai

27 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.609/2015 to 611/2015

 

                     Date of filing: 16/12/2015

 

                                                                  Date of disposal: 27/12/2016

 

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.609/2015

 

 

COMPLAINANT   -

Smt.Gouravva Somaling Vaddin, Age: Major, Occ: Housewife, R/o: Kukadolli Village, Tq & Dist. Belagavi.                     (Rep. by Sri.R.G.Bhai, Adv.)

 

 

 

 

COMPLAINT NO.610/2015

 

 

COMPLAINANT   -

Smt.Laxmi Basappa Remani, Age: Major, Occ: Housewife, R/o: Kukadolli Village, Tq & Dist. Belagavi.                     (Rep. by Sri.R.G.Bhai, Adv.)

 

COMPLAINT NO.611/2015

 

 

COMPLAINANT   -

Shri. Somaling Fakirappa Vaddin, Age: Major, Occ: Business, R/o: Kukadolli Village, Tq & Dist. Belagavi.                     (Rep. by Sri.R.G.Bhai, Adv.)

 

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.

The Chairman, Shri. Malaprabha Co-OP Credit Society Ltd., Parishwad Village, Tq: Khanapur, Dist. Belagavi.   The Manager,   Shri. Malaprabha Co-OP Credit Society Ltd., Parishwad Village, Tq: Khanapur, Dist. Belagavi.                          (Rep. by Sri. B.N.Patil, Adv.                                           for Op.No.1 & 2)

 

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 matured amounts as per the respective F.D. receipts with interest from the date of maturity and compensation alongwith cost 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,

 

It is case of the complainants are that, the complainants have deposited the amounts in the OP Society, and OPs society have offered to pay better rate of interest and as such the complainants have kept fixed deposits with Ops society on various dates as shown in Para No.2 of the respective Complaints. The details of amounts deposited as shown below:-

 

In COMPLAINT NO.609/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Amount	Maturity Date
01.	12.09.2000	041	Rs.10,000/-	Rs.50,000/-	12.09.2010
02.	07.06.2002	062	Rs.10,000/-	Rs.50,000/-	07.06.2012
03.	07.06.2002	441	Rs.10,000/-	Rs.20,860/-	07.06.2007

 

In COMPLAINT NO.610/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Amount	Maturity Date
01.	26.06.2001	341	Rs.5,000/-	Rs.10,430/-	26.06.2006

 

In COMPLAINT NO.611/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Amount	Maturity Date
01.	06.09.2001	354	Rs.10,000/-	Rs.20,860/-	06.09.2006
02.	07.07.2001	343	Rs.30,000/-	Rs.62,580/-	07.07.2006
03.	21.03.2000	019	Rs.35,000/-	Rs.1,05,000/-	21.09.2010
04.	11.07.2000	036	Rs.10,000/-	Rs.50,000/-	11.07.2010

 

It is further contended that, after the maturity of F.D. amount, long back the complainants have requested the OPs to return 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 return the matured F.D. amounts and it is obligatory on the part of the OPs to return the above said F.D. amounts to the complainants and thereby OPs committed the deficiency of service as contemplated under the provision of C.P. Act. The complainants have to meet urgent expenses of their family, but Opponents failed to pay the respective matured F D amounts.

 

          It is also further contended that, due to persistent refusal of the OPs to repay the FDs amounts, the complainants have got issued legal notices to the OPs through their Counsel on dtd:03.09.2015 and notices were duly served to the OPs. But, the OPs have neither replied nor complied with said notices. However, the OPs refused to return the fixed deposited amounts by giving one or other reasons; hence, the complainants have constrained to file these complaints.  

 

 

3.      The Complainants have also filed I.A. U/s 24 (A) of C.P. Act praying to condone the delay in filing the Complaints, for the reasons stated in the accompanying affidavits. The respective Complainants in their affidavit filed in support of their I.A.s, reiterating the facts stated in the Complaints contended that, after the maturity date, the Opponents have failed to pay the matured amounts, despites request and service of legal notices. Further, it is stated that, the cause of action the limitation starts to run from the date of service of legal notices, not from the date of maturity, if that is so, there is no delay at all. Even otherwise, the delay from the date of maturity was unintentional and the same deserves to be condoned.

 

5.      After issue of notice to the OPs, Shri. B.N.Patil, Advocate has appeared for OP.NO.1 & 2 and the Adv. for the OPs neither filed any written version nor put-forth any affidavit evidence in the above said 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-6. On the other hand, the OPs have not produced any affidavits or documents, even written version. The Adv. for complainants have filed their written arguments and the argument of complainants taken as heard.

 

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

 

 

1.  Whether Complainants made-out a sufficient cause for condonation of delay?

 

2. Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling the payment of F.D. amounts?

 

3.  What order?

 

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

 

 

1.  Point No.1 & 2 in the Affirmative.
2.  Point NO.3 As per final Order.

 

 

R E A S O N S :-

 

6.      Point No.1:  By detail scanning the complaints pleadings,  affidavit evidence and document on records of F.D. receipts. The case of the complainants are that, the complainants have deposited the amount in F.D. Scheme on different dates as shown in the respective F.D. receipts produced before the Forum in Ops society. Of course, the Complainants have not specifically mentioned the date of approaching the OPs for demanding to pay the matured F.D. amounts. Nevertheless, it is not in dispute that, the Complainants have issued legal notice to the OPs on dated; 03.09.2015 calling upon them to make payment towards the matured F.D amounts. Despite, neither replied the legal notice nor paid the maturity F.D. amount to the complainants.

The Complaints have filed I.A. U/s 24-A (2) of C.P. Act 1986 for condonation of delay before this Forum on 16.12.2015. In order to prove this contention, OPs have not put forth their objections in respect of I.A. filed U/s 24 (A) and even also the OPs have not filed the objection to main complaints, More ever the complainants have deposited the F.D. amount in OPs society, it is their legal right to take F.D. maturity amount from the OPs. Under such circumstances we would like to a refer a decision of Gujarat State Consumer Disputes Redressal Commission, Ahamadabad reported in III 2004 CPJ 741, wherein the Hon’ble State Commission observe that, complainant demanded his amounts from the company/OP, limitation starts from the date of demand or refusal of payment, the said above decision is applicable to these complaints for the reason that, in the instant complaints, the complainants have issued legal notice on dtd:03.09.2014, for sake of our convenience we have already marked as Ex.P-6 and further we would like to refer another decision of Maharashtra State Consumer Disputes Redressal Commission, Mumbai reported decision in III 2005 CPJ 176 wherein the Hon’ble State Commission observe that, non-refund of maturity amount after the matured date, and further, the contention of OPs that, the complaint barred by limitation not acceptable, the complainant has pardonable excuse, delay if any can legitimately be condoned. Hence, with above observation, we are of the consider view that, delay has been condoned for adjudicate the matter though the complainants have legitimate right over the deposited F.D. amounts. If the date of service is taken into consideration in these Complaints were filed within limitation. The delay has been calculated from the date of maturity which is incorrect. Actually, the limitation starts to run from the date of denial or from the date of demand. Therefore, the contention stated in the I.A.’s filed U/s 24 (A) is tobe considered and it deserves to be allowed. Hence, we are of the consider view that, by relying the above decision and considering the facts and circumstances, condone the delay. No doubt, it is true that, the complaints have deposited the F.D. amounts in the OPs society and several times requested the OPs to make good and paid the maturity amounts and even the complainants have issued legal notice to the OPs in respect of same but, the OPs did not heed the request and not paid the maturity amount. If this principle is applied, absolutely there is no delay and it is within limitation in filing the Complaints. The limitation cannot be computed from the date of maturity. It is clear from the law laid down in the above referred decisions, non-payment of F.D. amounts always liable to be paid and the question of limitation arises either on the date of refusal to pay or from the date of demand. Therefore, the Complaints have filed on 16.12.2015, therefore the Complaints are filed within limitation. Hence, we answer the Point No.1 in the affirmative.

 

7.      Point No.2 : We have gone through the pleadings, evidence of complainants and as well as documents on records. It is admitted fact that, the complainants have deposited the F.D. amounts in Ops society and OPs have issued F.D. receipts to the complainants, the said documents of Original F.D. receipts were marked for shake of our convenience as Ex.P-1 to Ex.P-3. Further, the case of the complainants are that, several times approached the OPs and requested to refund the F.D. amounts but, the Opponents society failed to pay the matured F.D. amounts with interest on maturity. Inspite of receipt of legal notice and request, the OPs have not bothered to pay back the complainants F.D. matured amounts, 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 were fixed by the complainants in Ops society, but the OPs failed to pay F.D. maturity amounts 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 these cases. 

 

Therefore, the complainants are entitled to receive the respective F.D. maturity amount as per the F.D. receipts with interest @ 6 % p.a. from the date of maturity till realization.  Hence, due to non-payment of F.D. matured amounts 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.3,000/- each of the complainant for inconvenience and mental agony and we also award litigation expenses of Rs.1,000/- each of the complainants. Hence, we answer to Point No.2 in partly Affirmative.

 

 

8.      Point No: 3:- With these findings on Point No.1 & 2, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

O R D E R

 

For the reason discuss above, the complaints filed by the complainants U/s 12 of the C.P. Act – 1986 in Complaint Nos.609/2015, 610/2015 and 611/2015 are here by partly allowed with costs.

 

 

The Opponent No.1 & 2 are hereby directed to pay the respective F.D. maturity amount as per the F.D. receipts with interest @ 6 % p.a. from the date of maturity till realization as   shown below;

In COMPLAINT NO.609/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Amount	Maturity Date
01.	12.09.2000	041	Rs.10,000/-	Rs.50,000/-	12.09.2010
02.	07.06.2002	062	Rs.10,000/-	Rs.50,000/-	07.06.2012
03.	07.06.2002	441	Rs.10,000/-	Rs.20,860/-	07.06.2007

 

In COMPLAINT NO.610/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Amount	Maturity Date
01.	26.06.2001	341	Rs.5,000/-	Rs.10,430/-	26.06.2006

 

In COMPLAINT NO.611/2015

 

Sl.No.	Date of F.D.	F.D. No.	Deposit Amount	Maturity Amount	Maturity Date
01.	06.09.2001	354	Rs.10,000/-	Rs.20,860/-	06.09.2006
02.	07.07.2001	343	Rs.30,000/-	Rs.62,580/-	07.07.2006
03.	21.03.2000	019	Rs.35,000/-	Rs.1,05,000/-	21.09.2010
04.	11.07.2000	036	Rs.10,000/-	Rs.50,000/-	11.07.2010

  

 

The Opponent No.1 & 2 also hereby directed to pay compensation of Rs.3,000/- and Rs.1,000/- towards cost of each complainant within 10 weeks from the date of this order, failing to which, the complainants are entitled to recover Addition interest
@ 2 %  p.a. from the date of complaints till payment.

 

Keep the Original Judgement in Complaint.No.609/2015 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  27^th day of December, 2016).

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.