Karnataka

Belgaum

CC/757/2014

Bharat A Bandache - Complainant(s)

Versus

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

28 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 28^th day of April 2017

1. Complaint No. 755/2014
2. Complaint No. 756/2014
3. Complaint No. 757/2014
4. Complaint No. 758/2014
5. Complaint No. 759/2014
6. Complaint No. 760/2014

 

 

Present:            1) Shri. B.V.Gudli,                     President

                        2) Smt. Sunita,                          Member

-***-

Complainant/s:

                             Mrs.Renuka Manohar Bandache,

                             Age: 35 yrs, Occ: Household work,

                             R/o: Cross No.5, Plot No.27,

New Goodshed Road, Belagavi.

C.C. No.755/2014

 

                             Mrs. Manjula Arjun Bandache,

                             Age: 55 yrs, Occ: Household work,

                             R/o: Cross No.5, Plot No.27,

New Goodshed Road, Belagavi.

C.C. No.756/2014

                            

Mr.Bharat Arjun Bandache,

                             Age: 42 yrs, Occ: Business,

                             R/o: Cross No.5, Plot No.27,

New Goodshed Road, Belagavi.

C.C. No.757/2014

 

Mr.Manohar Arjun Bandache,

                             Age: 45 yrs, Occ: Business,

                             R/o: Cross No.5, Plot No.27,

New Goodshed Road, Belagavi.

C.C. No.758/2014

 

                            

 

 

 

Mrs. Kalpana Bhau Bandache,

                             Age: 30 yrs, Occ: Household work,

                             R/o: Cross No.5, Plot No.27,

New Goodshed Road, Belagavi.

C.C. No.759/2014

 

Mr.Uday Arjun Bandache,

                             Age: 40 yrs, Occ: Business,

                             R/o: Cross No.5, Plot No.27,

New Goodshed Road, Belagavi.

C.C. No.760/2014

 

                             (By Sri. R.M.Mense, Advocate)

 

                                                          V/s.

 

Opponents:1)      The Chairman,

                             Shree Aashraya Souhard Credit Society Ltd.,

                             office at 760, Kalmath Road, Belagavi

 

                   2)       The Directors/Office Bearers,

                             Shree Aashraya Souhard Credit Society Ltd.,

                             office at 760, Kalmath Road, Belagavi

 

                   3)       The Secretary,

                             Shree Aashraya Souhard Credit Society Ltd.,

                             office at 760, Kalmath Road, Belagavi

         

                   4)       The Branch Manager,

                             Shree Aashraya Souhard Credit Society Ltd.,

                             Shahapur Branch, Dane Galli, Belagavi

                            

                              (O.Ps. 1 and 7 by Sri. S.R.Sakri, Advocate &

                             OPs-2&4 Exparte )

 

 

 (Order dictated by Shri. B.V.Gudli, President)

 

 

COMMON ORDER

            I. Though the complainant/s are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainant/s. The complainants belong to one family. In all the cases the opponents are same, as shown in the cause title. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 6 cases and same number complainant/s are there having same addresses and particulars of their deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular case only will be shown in the cause title and the details of the deposits will be shown separately in the table.

          1) The relevant facts of the cases are that the respective complainants have filed the complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the matured fixed deposits amount.

          2) After service of notice O.P.1 & 4 appeared through counsel and filed objection and evidence of affidavit, whereas inspite of issuance of notice from this forum OP.2 & 3 remained absent, hence placed exparte.

          3) In support of the claim in the complaints, complainants have filed affidavit and original F.D.Rs. are produced by the complainant/s.  Written arguments are filed by the complainants.

          4) We have heard the arguments and perused the records.

          5) Now the point for our consideration is that whether the complainant/s has proved deficiency in service on the part of the O.Ps. and entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

 

:: R E A S O N S ::

7) On the perusal contents of the complaint/s and affidavit filed by the complainant/s, the complainant/s have stated that, for the future maintenance they have deposited the amount in the opponents Souhard Society in the form of fixed deposits. The deposits made by the complainant/s are as under:

 

Sl. No.	Complt No.	F.D.R. A/c. No.	Date of Deposits	Amount Deposited	Date of maturity	Maturity Amount
1	2	3	4	5	6	7
	755/2014	786/38	18.04.11	50,000	18.07.14	71,143
1.	756/2014	790/38	18.04.11	50,000	18.07.14	71,143
1.	757/2014	791/38	18.04.11	50,000	18.07.14	71,143
1.	758/2014	787/38	18.04.11	50,000	18.07.14	71,143
1.	759/2014	782/38	18.04.11	50,000	18.07.14	71,143
1.	760/2014	789/38	18.04.11	50,000	18.07.14	71,143

 

 

          8)      After maturity of said F.D.Rs. the complainant/s approached the office of the opponents and requested the opponents to return the matured F.D.R/s amount, inspite of that opponents went on postponing the same by assigning one or other reasons. The complainant/s further allege that even after sending of legal notice to the opponents the Opponents even after receipt of the legal notice, the opponent/s not complied the same.  Hence opponent/s committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

9) On perusal objection filed by the opponent/s.1 & 4, the opponents contended that, it is true that the respective complainants have deposited the amount as FD in the OPs souhard. Further contended that, there are 9 directors to the society and there is no post of Secretary.  That none of the complainants have never approached the Sahakari with a request to release of amount. The complainants have not submitted KYC documents as per the KYC norms and also the claims are pre matured. Hence prays for dismissal of the complaints with cost.

         10) On perusal evidence affidavit of the complainants, the complainants produced original FDR Receipts, they are in the names of complainants.  It is well settled legal position that non-payment of the amount deposited, amounts to deficiency in service. Though the OPs contended that, there are 9 directors to the society and there is no post of Secretary, but the OPs have not produced any documents to prove the same.  The OPs have taken another contention that, the complainants have not complied KYC norms. Hence the OPs at liberty to collect the KYC documents at the time of release of the respective amounts to the complainants.

 11)  Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.Ps. have been proved.

          12) Accordingly, the following  

ORDER

          The complaint/s are partly allowed.

          The Opponents.1 to 4 as shown in the cause title are hereby jointly and severely directed and liable to pay to the complainant/s as order below;

Sl. No.	Complt No.	F.D.R. A/c. No.	Date of Deposits	Amount Deposited	Date of maturity	Maturity Amount
1	2	3	4	5	6	7
	755/2014	786/38	18.04.11	50,000	18.07.14	71,143
1.	756/2014	790/38	18.04.11	50,000	18.07.14	71,143
1.	757/2014	791/38	18.04.11	50,000	18.07.14	71,143
1.	758/2014	787/38	18.04.11	50,000	18.07.14	71,143
1.	759/2014	782/38	18.04.11	50,000	18.07.14	71,143
1.	760/2014	789/38	18.04.11	50,000	18.07.14	71,143

 

 

The matured F.D.Rs. amount under column No.7 from the date of their respective maturity under column no.6 along with 9% future interest P.A. till realization of entire amount.  

          The Opponents.1 to 4 as shown in the cause title are hereby jointly and severely directed and liable to pay Rs.3,000/- in each case toward costs of the proceedings to the complainants.

         The Order shall be complied within 30 days from the date of the order.

The original order shall be kept in complaint No.755/2014 and the true copy in other clubbed cases.

 

(Order dictated, corrected and then pronounced in the open Forum on this 28^th day of April 2017)

 

 

 

MSR