Karnataka

Belgaum

CC/351/2016

Smt. Demawwa W/o M Chalkoppa - Complainant(s)

Versus

The Chairman - Opp.Party(s)

27 Jun 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 27 June 2017

 

Complaint No. 351/2016

 

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

                        2) Smt.Sunita                            Member

-***-

Complainant/s:

1. Smt. Demavva Wd/o.Mahadevappa Chalkopp, 

Age: 75 years, Occ: Household work,

R/o. Yarazarvi village, Tal.Saundatti, Dist.Belagavi.

 

2. Smt. Shantawwa W/o.Goudappa Patil, 

Age: 56 years, Occ: Household work,

R/o. Hargopp, Tal.Saundatti, Dist.Belagavi.

 

3. Sri. Basavaraj s/o. Mahadevappa Chalkopp, 

Age: 52 years, Occ: Agriculture,

R/o. Yarazarvi village, Tal.Saundatti, Dist.Belagavi.

 

4. Smt. Nagavva W/o.Rudrappa Kotambari, 

Age: 48 years, Occ: Household work,

R/o. Kotari Galli, Bailhongal.

 

5. Sri. Mahantesh s/o. Mahadevappa Chalkopp, 

Age: 42 years, Occ: Govt. Service,

R/o. LIG 183, Mahantesh Nagar, Belagavi.

 

 

(By Shri. A.M.Khot, Adv)

 

                                                          V/s.

Opponent/s:

 

1)      The Chairman,

The Kanakdas Urban Co-Operative Society Ltd., Renuka Complex, Gokak Road, Yaragatti, Tal.Saundatti, Dist.Belagavi.

 

2)      The Secretary,

The Kanakdas Urban Co-Operative Society Ltd., Renuka Complex, Gokak Road, Yaragatti, Tal.Saundatti, Dist.Belagavi.

 

3)      The Manager,

The Kanakdas Urban Co-Operative Society Ltd., Renuka Complex, Gokak Road, Yaragatti, Tal.Saundatti, Dist.Belagavi.

 

 (OP.1 & 3-Exparte, OP-2 by Sri.S.A.Patil, Adv.)

 

 (Order dictated by Smt.Sunita, Member)

ORDER

          U/s.12 of the C.P. Act, complainant/s have filed the complaint against the O.Ps. alleging deficiency in service of non payment of the F.D.R. & SB Account amount.

          2) Upon service of notice the OP.2 appeared through his counsel and filed objections and evidence affidavit. The OP.2 also filed written arguments and produced some documents. Inspite of service of notice, OP-1 and 3 remained absent, hence placed exparte.

          3) In support of the claim in the complaint, complainant.5 has filed his affidavit on behalf of other complainants and original F.D.R is produced by the complainants.

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

          5) Now the point for our consideration is that whether the complainant/s have 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 complainants the complainant.1 is the wife and complainant 2 to 5 are children of Sri.Mahadevappa Yallappa Chalkop born to the complainant.1 from said Mahadevappa. During the lifetime of Mahadevappa, had kept FD of Rs.20,000/- in OP society under FDR No.306 and having SB A/c No.43 & said FD dt.05.02.2004. The deceased Mahadevappa Yallappa Chalkop kept the said FD No.306 and A/c No.904, on 05.02.2004 to 05.08.2009 with 13% interest which comes to Rs.40,000/- till 05.08.2009 & so also he has kept account no.43, which amount is Rs.8,130/- in the SB a/c passbook. The husband of complainant.1 died on 13.06.2006. Thereafter complainants being class.1 LRs of the said Mahadevappa Yallappa Chalkop, have approached OPs & requested to release the FD and SB amount with interest, but OPs postponed the same on one or other reasons. Hence the complainants issued legal notice to OPs on 05.10.2009. The said legal notice was served on OPs, inturn OP.2 replied on 08.07.2016 admitting the contents of legal notice in respect of FD & SB a/c standing in the name of Mahadevappa Yallappa Chalkop and further contended that the said Mahadevappa Yallappa Chalkop  during his life time was surety to the loan availed by  Basavaraj Nesargi & 5 others. Hence the complainant/s again issued legal notice to OP-2 on 13.06.2016 to pay the said FD amount with interest. For that the OP.2 evasively replied but not paid the amount to the complainant/s. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986. Therefore the complainant/s are constrained to file this complaint against OPs.

        8)        On perusal of objections filed by OP-2, the OP-2 has contended that, the contention of the complainant/s that, complainant.1 is the wife and complainant 2 to 5 are children of Sri.Mahadevappa Yallappa Chalkop born to the complainant.1 from said Mahadevappa, is not within the knowledge of this OP. Further the OP-2 has contended that, during the lifetime of Mahadevappa, had kept FD of Rs.20,000/- in OP society under FDR No.306 and having SB A/c No.43 & said FD dt.05.02.2004, is true. The contents of para.5 of the complaint are partly true and partly false. The contention of the complainant/s that, the husband of complainant.1 died on 13.06.2006. Thereafter complainants being class.1 LRs of the said Mahadevappa Yallappa Chalkop, is not within the knowledge of this OP. It is true that, the said Mahadevappa Yallappa Chalkop  during his life time was surety to the loan availed by  Basavaraj Nesargi & 5 others. It is true that the complainant/s have issued 2 legal notices to the OPs. Further the OP contended that in case of death of certificate holder, the society is ready to give the maturity value to deceased LRs, but as per rules it has no authority to give interest beyond its limit. Further the OP society specifically stated in the reply notice that OP society is ready to give SB a/c amount with interest as on the date of reply notice. Today also OP society is ready to release the FD amount of Rs.40,000/- without further interest & SB account amount with future interest to the name of complainant/s if complainant/s become ready to comply the formalities of the society.  Hence there is no deficiency of service on the part of OPs & prays for dismissal of the complaint with cost.

9)      On perusal of objections of OP-2, the OP-2 has mainly contended that, OP society is ready to release the FD amount of Rs.40,000/- without further interest & SB account amount with future interest to the name of complainant/s if complainant/s become ready to comply the formalities of the society. In this regard the OPs are directed to release the award amount of this complaint only after receiving the required documents from the complainant/s. The OP has taken another contention that, the said Mahadevappa Yallappa Chalkop  during his life time was surety to the loan availed by  Basavaraj Nesargi & 5 others.  To prove the said contention of OP.2, the OP.2 has not produced any documents.        

10)    On perusal of original F.D.R produced by the complainant/s, the FDR is standing in the name of the Mahadevappa Yallappa Chalkop and after maturity of F.D.R the opponents have not paid F.D.R amount and SB account amount as admitted by the OPs. Hence, it is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

      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 is partly allowed.

          The Opponents. 1 to 3 as shown in the cause title are hereby jointly and severely directed and liable to pay  the matured  FDR No.904 amount of Rs.40,000/- to the complainants with future interest @9% P.A. from the date of maturity till realization of the entire amount.  

          The Opponents. 1 to 3 as shown in the cause title are hereby jointly and severely directed and liable to pay  the SB Account No.43   amount of Rs.8,130/- to the complainants with future interest @6% P.A. from the date of filing this complaint till realization of the entire amount. 

          Further, the Opponents. 1 to 3 as shown in the cause title are hereby jointly and severely directed and liable to pay a sum of Rs.3,000/- to the complainants towards cost 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: 27 June 2017)

 

 

 

MSR