Karnataka

Belgaum

CC/138/2015

Basappa S Gireppagol - Complainant(s)

Versus

The Chairman,The Belagavi Liberal Credit Souhard Co-Op Ltd. - Opp.Party(s)

M V Vardhmane

29 Jul 2015

ORDER

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

: ORDER :

        The complainant has filed complaint against Opponents U/s. 12 of C.P. Act alleging deficiency in service of non payment of the amount of matured F.D.Rs. and lying in S.B. account.

        2) Notices were issued against Opponents, said notices were served on opponents. Inspite of service of notice O.Ps. remained absent. Hence they have placed exparte.

        3) In support of the claim of the complainant, complainant has filed his affidavit by way of evidence and original F.D.Rs. are produced by the complainant.

        4) We have heard the arguments 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 opponents and entitled to the reliefs sought?

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

:: REASONS ::

        7) The complainant filed his affidavit by way of evidence and he has stated in his affidavit that the opponents No.1 had opened its branch at Sankeshwar and he called for deposits at Sankeshwar branch but entire affairs were used to be Manager by one Sri.Raju Hosamani, General Manager of the Souharda Saahkari and the amount are retained at Belgaum branch only. The complainant has following sums;

SL.No.	FDR Nos.	Amounts Deposited	Date of Deposit	Maturity Amount	Interest
1	03444	50,000	3/2/2014	57,000	14%
2	03454	1,00,000	3/2/2014	1,00,000	14%

 

After maturity, the complainant had approached the office at Sankeshwar but it was closed and it was informed that the entire affiars are with the General Manager of the Souharda as there was an administrator appointed to the Souharda Society. After election there is duly constituted body existing and that the opponents are the office bearers and when they were approached they had refused to make the payments stating that they will be doing leisure and thereby it has caused due harassment financially and mentally, which is deficiency in service.  Hence he constrained file the case against the O.Ps. for issuing direction to the O.Ps. to pay amount mentioned in the petition.

        8) On perusal documents produced by the complainant two F.D.Rs. which is are standing in the name and also as produced pass book for having deposited amount in the O.P. society. Inspite of maturity the opponents have not paid the maturity amount. The complainant has deposited amount of Rs.50,000/- as per the FDR. receipt No.03444 and Rs.1,00,000/- under FDR. receipt No.03454 date of maturity on 3/2/2015 and O.Ps. fails to pay F.D.Rs. amount after maturity period. The O.Ps. after service of the notice, failed to appear before the forum and failed to pay maturity amount and hence there is deficiency in service on the part of the opponents. On perusal contention of the affidavit and documents produced by the complainant. The complainant has proved 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. has been proved.

        10) Hence we proceed to pass the following order;

: ORDER :

        The complaint is partly allowed.

        The O.Ps. represented by the Chairman and General Manager jointly and severally are hereby directed to pay to the complainant a sum of Rs.57,000/- in respect of FDR No.03444, a sum of Rs.1,14,000/- in respect of FDR No.03454 with future interest at the rate of 9% P.A. from 3/2/2015 till realisation of the entire amount.

        Further the O.Ps. represented by the Chairman and General Manager jointly and severally are hereby directed to pay to the complainant a sum of Rs.27,968/- in respect of S.B.A/c. 571 with interest at the rate of 4% P.A. from 1/8/2014 till realisation of the entire amount.

        The O.Ps. represented by the Chairman and General Manager jointly and severally are hereby directed to pay to the complainant a sum of Rs.2,000/- towards costs of the proceedings.

        Order shall be complied within one month from the date of the order.

        (Order dicted, corrected & then pronounced in the Open Forum on this 29^th day of July 2015)

        Member                   Member                   President

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