Karnataka

Belgaum

CC/271/2015

Smt. Sharifa Sultansab Khalip - 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.271/2015

 

                     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.

 

 

COMPLAINANTS   -

1.         2.       3.       4.         5.       6.           7.

Smt.Sharifa Sultansab Khalip, Age: 55 Years, Occ: Household Work, R/o: Badagaon, Tq: Gadhinglaj, Dist.Kolhapur, State Maharashatra.   Smt.Naseem Hasansab Sanadi, Age: 54 Years, Occ: Household Work, R/o: Talagali, Tq: Chandagad, Dist. Kolhapur, State Maharashatra.   Smt.Rameeza Ismail Tahsildar, Age: 53 Years, Occ: Household Work, R/o: Uchagaon, Tq: & Dist. Belagavi.   Rashid Babusab Sanadi, Age: 53 Years, Occ: Household Work, R/o: Uchagaon, Tq: & Dist. Belagavi.   Sou.Maheraj Kalandar Patel, Age: 51 Years, Occ: Household Work, R/o: Uchagaon, Tq: & Dist.Belagavi.   Smt.Kausar Imamhusain Momin, Age: 50 Years, Occ: Household work, R/o: Kalakundri, Tq: Chandagad, Dist. Kolhapur, State Maharashtra.     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 complainants 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.2,40,000/-  and Savings Deposit amount of Rs.1,12,469/- with accrued interest and future interest @18% p.a. till realization and compensation of Rs.1,00,000/- towards Mental agony and cost.

 

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

         

The case of the complainants are that, the deceased Smt.Dulhanbi W/o Babu Sanadi, is the customer of the Opponents society and she was expired on 10.01.2015 leaving behind the surviving members of her family as shown in cause title i.e. Complainant No. 1 to 7 and further the Complianant No.6 Smt.Kauser Imamhusain Momin has been appointed as General Power of Attorney holder by all the complainant No.1 to 5 and 7 and further the deceased mother of the complainants were savings out of her hard earned savings had kept fixed deposits and Savings Deposit A/c in her name with Ops society on various dates as shown in Para No.2 of the respective Complaint. The details of amounts deposited as shown below:-

 

Sl.No	F.D. Nos.	Date of Original deposit	Face value of F.D.R.	Due Date of F.D	Amount occurred after due date (double)	Rate of Int. Occurred on double amount	Date of Maturity on double amount
01.	013386	12.06.04	20,000	12.09.11	40,000	10%	12.09.13
02.	013387	12.06.04	20,000	12.09.11	40,000	10%	12.09.13
03.	013390	14.06.04	20,000	14.09.11	40,000	10%	14.09.13
04.	013391	14.06.04	20,000	14.09.11	40,000	10%	14.09.13
05.	013394	18.06.04	20,000	18.09.11	40,000	10%	18.09.13
06.	013395	18.06.04	20,000	18.09.11	40,000	10%	18.09.13
Total					2,40,000

 

and further also the deceased mother of the complainant has kept amount in Saving Deposit Account No.5948 L.F.No.163, Ledger No.38 having balance amount of Rs.1,12,469/- as on 06.11.2013 with interest thereon.

It is further complainants contended that, on 29.09.2014 the deceased mother of the complainants has issued notice to the OP 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, believing the words of the OP, the deceased mother of 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 and S. D. amounts, it is obligatory on the part of the OP to return the above said F.D. and S.D. amounts to the complainants, not refunding and settling is amount to deficiency of service as contemplated under the provision of C.P. Act. But OP failed to pay the respective matured F.D. and S.D amounts. Hence, the complainants have 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 No.6 has filed his affidavits in support of their claim and produced Death extract and Surviving Family Members Certificate, Original F.D. Receipts, Original Pass Book, Postal Acknowledgements and the copy of legal notice, for sake of our conveniences, we have marked as Ex.P-1 to
Ex.P-10. On the other hand, the OPs have not produced any affidavits or documents, even written version. The Adv. for complainants have filed their written argument and argued the matter. The Op.No.2 argument taken as heard.

 

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

 

 

 

1. Whether the complainants have prove that there is deficiency in service on the part of the OPs for not refunding and settling the payment of F.D. and S.D. amounts?

 

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 complainants and as well as documents on records. It is fact that, the deceased mother of the complainants has deposited the F.D. and S.D. amounts in Op society and OP has issued F.D. receipts to the deceased mother of the complainants, the said documents of Original F.D. receipts and pass book were already marked as Ex.P-2 to Ex.P-8 and further, the deceased mother of complainants had approached the OPs society and requested to refund the F.D. and Savings Deposit amounts but, the OPs society failed to pay the matured F.D. amounts and S.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.

 

            At the time of argument the counsel of the complainant moved an application U/o VI rule 17 R/w Sec.151 of CPC seeking permission to amend the cause title by deleting in respect of appointment of GPA as complainant No.6 as GPA, peruse the application it reveals that, already LR’s of deceased mother already on record and they have already appeared and given vakalath to the counsel to conduct the case on behalf of LR’s of deceased mother and there is no need to appoint the GPA holder, so the complainant has made-out the valid ground to allow the I.A. Hence, I.A. allowed and after order on I.A. the complainants counsel filed amendment cause title by deleting the complainant No.6 as GPA holder.

 

          The deceased mother of the complainant had 6 fixed deposits in OPs society for Rs.20,000/- each for the period from 12.06.2004 to 14.09.2011, 14.06.2004 to 14.09.2011 and 18.06.2004 to 18.09.2011 for double the F.D. amount, it means Rs.40,000/- each. After the said maturity period, the deceased mother of the complainant, the said maturity F.D. renewed for further period from 18.09.2011 to 18.09.2013 @ 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 were fixed by the deceased mother of the complainants in OPs society, but the OPs failed to pay F.D. maturity amounts one or the other reason 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 and also savings deposit amount, even after service of legal notice which is marked as Ex.P-10, 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 and also the OPs liable to pay savings deposit amount of Rs.1,12,469/- with interest @ 4% p.a. from the date of balance as on 06.11.2013 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 complainants 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 total sum of Rs.2,40,000/- towards 6 Fixed Deposits maturity amount with interest @ 10 % p.a. from the date of 18.09.2011 to 18.09.2013 and further OPs are directed to pay interest @ 8% p.a. from the date of renewed F.D. maturity i.e. 19.09.2013 till its realization.

 

          The OP.No.1 & 2 jointly and severally are directed to pay a sum of Rs.1,12,469/- towards savings deposit of S.B. A/c No.5948 L.F.No.163, Leger No.38, with interest @ 4 % p.a. from  06.11.2013 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 complainants are 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.