Karnataka

Belgaum

CC/41/2017

Smt. Sudha Pattanna Nayak - Complainant(s)

Versus

The Chairman - Opp.Party(s)

03 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 3^rd  day of April 2017

 

Complaint No.41/2017

 

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

                        2) Smt. Sunita                           Member

-***-

 

Complainant/s:  Smt. Sudha Puttanna Nayak,

                             Age:68 years, Occ: Household work,

                             R/o: Plot No.471, Sector No.3,

          Shivbasav Nagar, Belagavi.

                            

(By Sri. R.B.Deshapande, Advocate).

 

V/s.

Opponent/s:1)    The Chairman,

                             The Belgaum Postal & R.M.S. Dn. Co-Operative Credit Society Ltd, Belagavi,

Head Post Office, Railway Station Road, Belagavi.

 

2)      The Secretary,

                             The Belgaum Postal & R.M.S. Dn. Co-Operative Credit Society Ltd, Belagavi,

Head Post Office, Railway Station Road, Belagavi.

 

 

 (O.Ps. are placed ex-parte,)

 

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

 

 

ORDER

          The complainant has filed the complaint u/s.12 of the C.P. Act against the O.Ps. alleging deficiency in service of non payment of the amount of the matured F.D.R.

          2) In-spite service of notices, O.Ps. have remained absent. Hence placed ex-parte.

          3) In support of the claim made in the complaint, the complainant has filed his affidavit and produced Xerox copy of  F.D.R. We have heard the arguments and perused the records.

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

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

REASONS

          6) On perusal contents of the complaint and affidavit filed by the complainant, the complainant’s husband invested Rs.1,50,000/- as FD in OP society  on 08.11.2011 for a period of one year bearing FDR No.1105, account no.234 and the same was renewed upto 01.01.2014. The rate of interest was 10% P.A. on the said FDR. The OPs used to pay the accrued interest every month on the said FDR upto February 2015. The complainant further submits that her husband was in need of money for family necessities and hence requested OPs for refund of the said FDR amount but the OPs went on postponing to pay the amount. Hence the complainant’s husband gave a written notice on 14.05.2015 to pay the principal amount and interest. The OPs issued a cheque for Rs.1.50 lakhs bearing cheque no.215535 drawn on The Belgaum DCC Bank dt.03.03.2015 & requested the husband of complainant not to present the cheque till he informs. But the OPs did not bother to inform nor paid the amount. The husband of complainant died on 17.07.2015. Thereafter the complainant traced the FDR & issued legal notice to OPs on 27.12.2015 calling upon to make payments within 7 days from the receipt of the legal notice. The said legal notice was served on OPs on 07.01.2017 but, the OPs did not comply the notice. Hence complainant constrained to file this complaint against opponent society.

7) On perusal documents F.D.R. produced by the complainant, the husband of complainant had deposited a sum of Rs.1,50,000/- on as FD in OP society  on 08.11.2011 for a period of one year bearing FDR No.1105, account no.234 and the same was renewed upto 01.01.2014. The rate of interest was 10% P.A. on the said FDR. The complainant further stated that, the OPs used to pay the accrued interest every month on the said FDR and have paid interest upto February 2015. The F.D.R. is standing in the name of husband of the complainant. The husband of complainant died on 17.07.2015. In this regard the complainant has produced death certificate copy of her husband.  On perusal evidence affidavit of the complainant, after the death of complainant’s husband, inspite of making repeated requests and also issuance of legal notice the opponents have not paid F.D.R. amount and interest upto date. 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 opponents failed to appear before the forum hence placed as ex-parte. The complainant in his affidavit has stated that he has received the interest on F.D.R. upto February 2015. Hence it is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

8) Taking in to consideration of various aspects and the decision of Hon’ble Apex Court reported in (2011) SCCR 268 and of the Hon’ble Apex Commission reported in 2013 (2) CPR 574 as well as other subsequent decisions, absolutely it is just and necessary to impose cost on daily basis if order remains uncomplied within the period fixed for compliance of the order, so as to have feeling and pinch.

          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 O.Ps.1 and 2  as shown in the cause title are hereby jointly and severally directed and liable to pay a sum of Rs.1,50,000/- under F.D.R. 1105, account no.234 with future interest at the rate of 6% P.A. from 1/3/2015 till realization of entire amount to the complainant.

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

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

If the order is not complied within stipulated period, O.Ps. are hereby directed to pay a sum of Rs.50/- per day to the complainant from the date of disobedience of order, till the order is complied.

(Order dictated, corrected and then pronounced in the open Forum on: 3^rd day of April 2017)

 

 

 

MSR