(Order dictated by Smt.Sunita, Member)

ORDER

          1) The complainant has filed the complaint u/s. 12 of the Consumer Protection Act 1986 against the O.P. alleging deficiency in banking service of non refund of the amount of fixed deposits.

          2) Upon service of notice O.Ps. appeared through his counsel & filed affidavit, objections & written arguments.

          3) In support of the claim in the complaint, complainant has produced some documents.

          4) We have heard the argument 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.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 perusal contents of the complainant and affidavit filed by the complainant, in the year 2006-07 the complainant has sent his sugarcane crop to Sri.Halasidanath Sahakari Sakkare Karkane, Nipani, for crushing. Accordingly the OPs approached complainant and requested to transfer sugarcane bill of the above named factor to their society & further they assured the complainant to pay the attractive & higher interest on the said amount. Accordingly, the complainant agreed for the same and requested the said factory authorities authorizing to pay his bill Rs.1,11,903/- to the OP society. The factory authorities have released the said amount to OP society vide cheque no.172823 dt.26.02.2007 which is drawn in favour of OP society & the same has been encashed by OPs & got released the cheque amount & the sugarcane bill of the complainant has been deposited with OP society in his name. The complainant to solve his financial problems contacted OP Society to immediately release the said FD amount with update interest but, OPs failed to do so. Therefore the complainant got issued legal notice to OPs on 26.12.2014 through his advocate calling upon the OPs to refund the said FDR amount with update interest. The said legal notice has been duly served upon OPs. Instead of refunding the said amount the OPs got issued false reply stating that, they have transferred the said amount to S.B. Account of complainant and hence, the complainant is neither entitled to charge the interest nor he is liable to claim the interest over the said amount. However the OPs neither intimated or noticed the complainant about the Account number of his S.B. Account with the OP Society. Further, the complainant averred that complainant has no any such S.B. Account with OP Society nor he has any intention to keep his amount in S.B. Account for this loan period, thus, the question of transferring the amount of the complainant to his S.B. Account does not arise & now the OPs have falsely claiming that the amount of the complainant are with their society and the same are in his S.B. Account only in order to avoid payment of interest thereon which is absolutely false and imaginary one. Therefore the complainant got issued another legal notice to OPs dt.23.01.2015 calling upon them to pay the amount lying in his FDR within 7 days from the date of receipt of the said notice. Instead of making payment the OPs issued another false reply to the said notice denying to pay FDR amount to the complainant. Hence the complainant has  constrained to file this complaint before this forum.

          8)      Upon service of notice O.Ps. appeared through their counsel and & filed affidavit, objections denying & disputing the complaint averments and further taken contention that the allegations made in the complaint para.1 that, in the year 2006-07 the complainant has sent his sugarcane crop to Sri.Halasidanath Sahakari Sakkare Karkane, Nipani, for crushing may be true. Further it is true that the relations between the complainant and OPs was and is cordial & accordingly the complainant got transferred his sugarcane bill to the OP Society. Further it is true that the said factory authorities have released the said sugarcane bill of Rs.1,11,903 vide cheque no.172823 dt.26.02.2007 which is drawn in favour of OP society & the same has been encashed by OPs & got released the cheque amount. Further it is replied by the OPs that the said amount is neither invested by the complainant under FD deposit schemes nor he is entitled to claim the alleged interest thereon @12% p.a. Further the OPs have notice through their reply that, they are ever ready to pay the amount if any, pending with their Society. Hence prays for dismissal of the complaint with cost.

          9)      On perusal of contention of both parties, it is evident that in the year 2006-07 the complainant has sent his sugarcane crop to Sri.Halasidanath Sahakari Sakkare Karkane, Nipani, for crushing. Accordingly the OPs approached complainant and requested to transfer sugarcane bill of the above named factor to their society & further they assured the complainant to pay the attractive & higher interest on the said amount. Accordingly, the complainant agreed for the same and requested the said factory authorities authorizing to pay his bill Rs.1,11,903/- to the OP society. The factory authorities have released the said amount to OP society vide cheque no.172823 dt.26.02.2007 which is drawn in favour of OP society & the same has been encashed by OPs & got released the cheque amount is true and believable.

          10)    The another allegation of the complainant is that, the said sugarcane bill which is encashed by the OPs, has been deposited with OP society in his name. On perusal of objections and affidavit of the OPs, the complainant has neither deposited such amount with OPs society under FD Scheme but the said amount is still in the  SB Account of the complainant and they are ready to pay the amount if any, pending at the foot of the S.B.A/c of the complainant with their society. But nowhere either the complainant or OPs have made clear that, the said bill Rs.1,11,903/- encashed by OPs, is deposited in FD scheme. The FD receipt is also not produced by either complainant or OPs to show that, the amount encashed was invested in FD Scheme. If really the said amount was invested in FD Scheme the FD Receipt would have been produced by the complainant. It is the burden on complainant to prove that the amount in question has been invested in OPs FD Scheme. There is no evidence to prove the same. In the absence of  proper evidence if the bill Rs.1,11,903/- encashed by OPs is treated as the same invested in the S.B. Account and interest to that effect is awarded from the date of investment till realization, it will meets the ends of justice.

         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.P has been proved.

          12) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The O.Ps. 1 and 2 are hereby directed and liable to pay to the complainant the amount of Rs.1,11,903/- with  interest @6% P.A. from  27.02.2007 till realization.

Further, the O.Ps. 1 and 2 are hereby directed and liable to pay 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: 26 July 2017)