Karnataka

Belgaum

CC/69/2017

Smt. Mahadevi Neelakant Hullolli - Complainant(s)

Versus

The Chairman - Opp.Party(s)

D.S.Pachandi

29 Jun 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 29 June 2017

 

Complaint No. 69/2017

 

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

                        2) Smt.Sunita                            Member

-***-

Complainant/s:

Smt.Mahadevi Neelakhant Hulloli,

Age: 52 years, Occ: Household,

R/o. Plot No.07, Basava Krupa, Joshi Garden, Vinayak Nagar, Kelageri Road, Dharwad, Tq. &Dist. Dharwad.

 

(By Shri. D.S.Pachandi, Adv)

 

                                                          V/s.

Opponent/s:

 

1. The Chairman, Oneness Urban Credit Souhardh Sahakari Niyamit, Sankeshwar, C/o.S.B.Building, Post Road, Sankeshwar, Tq.Hukkeri, Dist.Belagavi. 

 

2. The Secretary/CEO, Oneness Urban Credit Souhardh Sahakari Niyamit, Sankeshwar, C/o.S.B.Building, Post Road, Sankeshwar, Tq.Hukkeri, Dist.Belagavi. 

 

(OP.1 & 2 by Sri.A.P.Misale, Adv.)

 

 (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 payment of the F.D.Rs. amount.

          2) Upon service of notice Sri. A.P.Misale Advocate filed memo of undertaking for OP.1 and 2 but not filed vakalat and contested the case.  

          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 & 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 her amount in OP souhard as detailed below:

Sl. No	Complt  No.	FDR  No.	Date of deposit	Dt of Maturity	Deposit Amt	Matured/payable Amt
1	2	3	4	5	6	7
1	69/17	3078	01.02.16	01.02.17	1,00,000	1,13,500
2		3079	01.02.16	01.02.17	1,00,000	1,13,500
3		3080	01.02.16	01.02.17	75,000	85,125

 

After the date of maturity of the said FDRs amounts the complainant requested the OPs to refund the said FDRs amounts with accrued interest, but OPs postponed the same on one or other reasons. Till today the OPs have not paid amount to the complainant. 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 original F.D.Rs and its receipt produced by the complainant, the FDRs are standing in the name of the complainant, after maturity of F.D.Rs the opponents have not paid total F.D.Rs amounts. Upon service of notice Sri. A.P.Misale Advocate filed memo of undertaking for OP.1 and 2 but not filed vakalat and contested the case.  Hence, the claim of the complainant that inspite of the demands made the FDRs amounts remained unpaid, has to be believed and accepted. 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 the 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	Complt  No.	FDR  No.	Date of deposit	Dt of Maturity	Deposit Amt	Matured/payable Amt
1	2	3	4	5	6	7
1	69/17	3078	01.02.16	01.02.17	1,00,000	1,13,500
2		3079	01.02.16	01.02.17	1,00,000	1,13,500
3		3080	01.02.16	01.02.17	75,000	85,125

 

The matured FDRs amount at column 7 with future interest @9% P.A. from the date of maturity i.e. at column 5, till realization of the entire amount.

Further, the O.Ps.1 & 2 as shown in the cause title are  hereby jointly & severally directed and liable to pay to the complainant a sum of Rs.3,000/-, 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: 29 June 2017)

 

 

 

MSR