Karnataka

Belgaum

CC/99/2017

Miss. Jyoti D/o. Shankar Pattanshetti - Complainant(s)

Versus

The Chairman - Opp.Party(s)

N.A.Holkar

30 May 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 30 May 2017

 

Complaint No. 99/2017 

 

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

                        2) Smt.Sunita                            Member

-***-

Complainant/s:  

 

Miss.Jyoti D/o.Shankar Pattanshetti,

Age: 30 years, Occ: Advocate,

                   R/o.IV Cross, Bhagya Nagar, Belagavi.

 

(By Miss.N.A.Holkar, Advocate).

 

V/s.

Opponent/s:      

 

1.     The Chairman,

Nisarg Urban Souhard Sahakari Ltd.,

Hukkeri, Tq. Hukkeri, Dist.Belagavi. 

 

2.     The Chief Executive Officer/Secretary,

Nisarg Urban Souhard Sahakari Ltd.,

Hukkeri, Tq. Hukkeri, Dist.Belagavi. 

 

(O.Ps.1 &2 are exparte)

 

(Order dictated by Smt.Sunita, Member)

 

 

ORDER

 

          U/s.12 of the C.P. Act, complainant has filed the complaint against the O.Ps. alleging deficiency in service of non refund of the F.D.Rs. amount.

          2) In-spite of service of notice O.Ps.1 and 2 remained absent. Hence, placed ex-parte.  

 

          3) In support of the claim in the complaint, complainant has filed her affidavit and original F.D.Rs are produced by the complainant.

          4) We have heard the argument of the counsel of the complainant and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the O.P’s. 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 perusal contents of the complaint and affidavit filed by the complainant, the complainant had invested her hard earned amount in OP society as detailed below:

 

Sl. No.	F.D.R. A/c. No.	Date of Deposits	Amount Deposited	Date of maturity	Maturity Amount
1	2	3	4	5	6
	17	02.11.15	30,000	02.11.16	33,900
	18	01.12.15	55,000	01.12.16	62,150

 

The complainant further submits that, after the date of maturity of the said FDRs the complainant approached the OPs requested to pay FDRs amount with interest but, OPs postponed the same and till today are not paying the amount. Hence the complainant issued legal notice to OPs through her counsel on 06.02.2017. The said legal notice was served on OPs but, they failed to comply the same. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986. Therefore the complainant is constrained to file this complaint against OPs.

8)      On perusal documents F.D.Rs produced by the complainant they are standing in the name of the complainant. On perusal evidence affidavit of the complainant, the opponents have not paid F.D.Rs amount. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. After service of the notice the OPs.1 & 2 failed to appear before the forum hence placed as ex-parte. Hence it is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

       9) 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.

       10) Accordingly, following

 

 

:ORDER:

 

          The complaint is partly allowed.

          The Opponents.1 & 2 as shown in the cause title are hereby jointly and severely directed and liable to pay the complainant as ordered below

 

Sl. No.	F.D.R. A/c. No.	Date of Deposits	Amount Deposited	Date of maturity	Maturity Amount
1	2	3	4	5	6
	17	02.11.15	30,000	02.11.16	33,900
	18	01.12.15	55,000	01.12.16	62,150

 

The matured FDRs amount at column.6 with future interest @ 9% P.A from the date of maturity i.e. at column.5 till realization of the entire amount.

 

          Further, Opponents.1 & 2 as shown in the cause title are hereby jointly and severely directed and liable to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.

 

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

 

 (Order dictated, corrected and then pronounced in the open Forum on: 30 May 2017)

 

 

 

 

 

 

 

MSR