Karnataka

Belgaum

CC/272/2015

Fayaz Babusab Sanadi, - Complainant(s)

Versus

The General Manager, Millat Co.Op. Society Ltd, - Opp.Party(s)

M.D.Pakali

18 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.272/2015

 

                     Date of filing: 27/05/2015

 

                                                                 Date of disposal:18/01/2017

P R E S E N T :-

 

	(1)	Shri. A.G.Maldar, B.Com,LL.B. (Spl.) President.
	(2)	Smt.J.S. Kajagar, B.Sc. LLB. (Spl.)  Lady Member.

 

 

COMPLAINANT   -

Fayaz Babusab Sanadi, Age: 48 Years, Occ: Agriculture, R/o: Uchagaon, Tq: & Dist.Belagavi.                       (Rep. by Sri.M.D.Pakali, Adv.)

 

 

 

 

- V/S –

 

 

OPPOSITE PARTIES  -

1.           2.

The General Manager, Millat Co-Op. Credit Society Ltd., Khadak Galli, Belagavi.                                    (Ex-parte)   The Chairman, Millat Co-Op. Credit Society Ltd., Khadak Galli, Belagavi.                       (Rep.by Sri.Manikanta T.S. Adv.)

 

By  Sri.A.G. Maldar, President.

 

1.      This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directed to refund the F.D. amount of Rs.20,000/-  with accrued interest and future interest @18% p.a. till realization and compensation of Rs.10,000/- towards Mental agony and cost.

 

2.      The facts of the case in brief are that;

         

The case of the complainant that, the complainant is the customer of the Opponents society and had made deposit under FDR No.013615 on 30.06.2004 deposited Rs.10,000/- with agreed rate of interests @10% p.a. to matured on 30.12.2011  as Rs.20,000/-.

 It is further complainant contended that, on 29.09.2014 the complainant has issued notice to the OPs through her counsel calling upon the refund of the said matured F.D. amount alongwith accrued interest and notice duly served to the OPs and Ops are assured that, they will refund the matured amount with accrued interest thereon within a short period, believing the words of the OP, the complainant has kept quite for certain period on the good hope that, the OP will get further interest on matured amounts, but even after the said period the OP thereby avoided to make payments by giving one or the other reasons. Inspite of repeated request, the OP failed to refund the matured F.D. amount, it is obligatory on the part of the OP to refund the F.D. amount to the complainant and thereby OP committed the deficiency of service as contemplated under the provision of C.P. Act and further the complainant has faced financial difficulties for her medical expenses, but OP failed to pay the respective matured F.D. amount. Hence, the complainant has constrained to file this complaint.  

 

 

3.      After issue of notice to the OPs, the OP.No.1 has neither appeared nor filed any version before this Forum, inspite of giving sufficient time. The Hon’ble Forum considered the OP.No.1 is placed Ex-parte and Shri.Manikanta. T.S. Advocate for OP.No.2 has appeared, but neither filed any written version nor put-forth any affidavit evidence in the above said complaint. 

 

4.      The Complainant has filed his affidavits in support of his claim and produced 04 documents, for sake of our conveniences, we have marked as Ex.P-1 to Ex.P-4. On the other hand, the OPs have not produced any affidavits or documents, even written version. The Adv. for complainant has argued the matter and  Op.No.2 argument taken as heard.

 

Now, the following points that arise for our consideration in deciding the cases are;

 

 

 

1. Whether the complainant has prove that there is deficiency in service on the part of the OPs for not settling the payment of F.D. amount?

 

2.  What order?

 

5.      Our findings on the above points are as fallow;

 

 

1.  Point No.1 In the Affirmative.
2.  Point NO.2 As per final Order.

 

 

R E A S O N S :-

 

6.      Point No.1:  By detail scanning the complaint pleadings,  affidavit evidence of complainant and as well as documents on records. It is fact that, the complainant has deposited the F.D. amounts in Op society and OP has issued F.D. receipt to the complainant, the said document of Original F.D. receipt already marked as Ex.P-2 and further, the complainant has approached the OPs society and requested to refund the F.D. amount, but the OPs society failed to pay the matured F.D. amount with interest, these acts of the Ops are clearly shows that, it amounts to deficiency of service on the part of the Ops.

           

          The complainant had fixed deposits in OPs society for Rs.10,000/- for the period from 30.06.2004 to 30.12.2011 for double the F.D. amount, it means Rs.20,000/-. After the said maturity period, the complainant has renewed the said F.D. for further period from 30.12.2011 to 30.12.2013 @ 10% p.a.

 

It is a duty of the OPs that, after the maturity of F.D. amount a mandatory duty on the part of OP to disburse or settle the F.D. amount by giving the make good payment which is  fixed by the complainant in OPs society, but the OPs failed to pay F.D. maturity amount one or the other reasons dragging the same without valid reasons, these attitude of the OPs it amounts to deficiency of service on the part of OPs.  For that proposition of law, we would like to refer a decision of Hon’ble Tamil Nadu State Consumer Disputes Redressal Commission, Chennai in 2010 (1) CPR 62. Wherein the Hon’ble State Commission observe that, non-refund of maturity amount of F.D. amount, amounts to deficiency of service attracting Sec.2(1) (g) of C.P. Act and further observe that, Consumer Forum have jurisdiction to entertain complaint against the Co-Operative Societies.  In the light of the law laid down by the Hon’ble Supreme Court and National Commission regarding maintainability of complaint, it is aptly applicable to this case. 

 

 No-doubt it is true that, the attitude and conduct of the OPs, crystal clear that, OPs intention in not paying the matured amount, even after service of legal notice which is marked as
Ex.P-4, certainly the said act of the OPs it amounts to deficiency in service. Hence, in our consider opinion that, the OPs liable to pay the F.D. maturity amount together with interest @ 8% p.a. from the date of renewed maturity i.e. 30.12.2013 till the date of payment. It would be just and proper to award a compensation of Rs.2,000/- towards inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/. Hence, we answer to the above point No 1 in affirmative.  Hence, we proceed to pass the following.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

 O R D E R

 

For the reason discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

          The OP.No.1 & 2 jointly and severally are directed to pay a  sum of Rs.20,000/- towards Fixed Deposit maturity amount with interest @ 10 % p.a. from the date of 30.12.2011 to 30.12.2013 and further OPs are directed to pay interest @ 8% p.a. from the date of renewed F.D. maturity i.e. 31.12.2013 till its realization.

 

           Further, the OP.No.1 & 2 jointly and severally are directed to pay a sum of Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of the proceedings.

 

          The order shall be complied within 08 weeks from the date of this order.

 

If the order is not complied within 08 weeks from the date of this order, the complainant is entitled to recover with Additional interest @1.5% p.a. from the date of complaint i.e. 27.05.2015 till its realization.

 

 

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this  18^th day of January, 2017).

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.