BEFORE THE DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM, DHARWAD.
COMPLAINT NO.228/2016
Date: 27th day of Sep 2017
P r e s e n t:
Smt.C.H.Samiunnisa Abrar, B.A., LLB : President
Sri.B.S.Keri, B.A., LLB (Spl) : Member
Complainant: Sri. Mahadevappa S/o Maharudrappa Pattar, Age: Major, Occ: Business,
R/o, Plot No.40, Priyadarshini Colony, Hubballi.
(R/by Sri. J.P.Baddi Adv.)
V/s
Opposite Parties: 1. The Karnataka Vishwabrahama Co-op Credit Society Ltd.,
Head Office at Dharwad,Ravivar Peth, Dharwad.
2. The Chairman, The Karnataka Vishwabrhama Co-op Credit
Society Ltd., Head Office at Dharwad, Ravivar Peth, Dharwad.
3. The Secretary, The Karnataka Vishwabrahama Co-op Credit Society Ltd., Near Ghantigeri Police Station, Near Sarafgatta Bazzar, Hubballi.
4. The Manager, The Karnataka Vishwabrahama Co-op Credit Society Ltd., Near Ghantigeri Police Station, Near Sarafgatta Bazaar, Hubballi.
5. The Administrative Officer, The Karnataka Vishwa Brahma Co-op. Society Ltd., R/by A.K.Joshi Head Office, Dharwad, Ravivarpeth, Dharwad.
(OP-1,2&5 absent and OP-3 Inperson and OP No.4 Rep by Sri.V.P.Inamdar, Adv.)
JUDGEMENT DELIVERED BY
SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT:
The complainant has filed this Complaint against the Opposite Parties (herein after referred in short as OPs) u/s 12 of Consumer Protection Act, 1986 alleging deficiency in service against OPs.
The brief fact of the Complaint
2. The complainant fixed the amount of Rs.1,25,000/- (Rupees One lakh twenty five thousand only) with Op’s on 26.05.2015 for a period of one year, under a receipt No.798 Dt:06.06.2015, which carry interest @ rate of 10.50. p.a. the said amount matured on 26.05.2016 for a sum of Rs.1,38,125/- (Rupees One lakh thirty eight thousand one twenty five only) further Op’s issued a receipt for the FD amount. The Op’s failed to pay the maturity amount on due date complainant approached OP’s several time but Op’s have not refunded the said amount complainant issued a legal notice on 05.08.2016 and again on 19.10.2016, the said notice had been served upon the OP No.2 on 21.10.2016 but other Op’s have refused to take the notices issued by the complainant.
3. During the pendency of the complaint, complainant amended the complaint and impleaded liquidator as a party to the proceeding as OP No. 1.
4. Hence complainant filed this complaint against the OP’s praying for order to refund the maturity amount along with interest and other reliefs against the OP’s.
5. The Forum registered the complaint and issue notice to OPs, OP No.1,2,5 remained absent OP No.3 appeared through his advocate and filed Written Version.
The brief fact of the Written Version of OP No.3:-
6. That the OP No.4 submits that the complaint filed to the complainant does not come under CP Act and submits that complaint filed by the complainant is false and frivolous and vexation and not maintainable and denied all the allegations made in the complaint and submits to dismiss the complaint.
7. In the background of the above said pleading, the Complainant filed his chief affidavit and filed the documents produced as Ex, C-1 to Ex, C-12. On the other hand, OP’s have not filed any document or chief affidavit on their behalf.
1. | C-1 | Original Fixed deposit (FD) Amount receipt |
2. | C-2 | Original copy of amount paid to respondents receipt |
3. | C-3 | Original copy of indent card of bank issued by respondent to complainant |
4. | C-4 | Xerox copy of Aadhar Card of complainant |
5. | C-5 | Office copy of legal notice issued to respondent -4 |
6. | C-6 | Postal receipt |
7. | C-7 | Postal acknowledgement |
8. | C-8 | Office copy of legal notice issue to respondent 2-4 |
9. | C-9 | Postal Receipts |
10. | C-10 | Postal acknowledgement of respondent -2 |
11. | C-11 | Postal RPAD cover with not claimed endorsement of R-4 |
12. | C-12 | Postal RPAD cover with not claimed endorsement of R-3 |
8. On perusal of above documents and arguments heard on the Complainant side, we conceived that the dispute is regarding the unfair trade practice and deficiency in service. This being the pleadings, the points arises before us for adjudication are as follows:
1. 2. | Whether the Complainant proves that OP made deficiency in service & unfair trade practice? Whether the Complainant is entitled for the relief as sought? |
3. | What Order? |
Our Answer to the above Points are:-
Point No.1 – Affirmative,
Point No.2 – Partly Affirmative,
Point No.2 - As per the final order.
9. On consideration of pleading, evidence, documents and arguments of the Complainant, we answer the above points as under:
R E A S O N S
10. POINT NO.1 & 2:- Since both the points are inter-link and identical, we proceed with both the points together.
11. The case of the complainant is that complainant deposited an amount of Rs.1,25,000/- in the OP’s co-op Society on 26.05.2015, in fixed deposit but Op’s failed to return the maturity amount on date after maturity complainant approached the OP several time but Op’s have not responded for the same. After receipt of the notice from the Forum complainant came to know that the said bank had been liquidated hence he made the official liquidator a party to proceedings as OP No.5.
12. Ongoing through the pleadings, the main issue involved in the case is that whether the complainant had deposited his amount in the Op’s bank.
13. On perusal of the documents on records Ex. C-1 FD receipt speaks that complainant have deposited the amount with the OP’s bank. Moreover Op’s have not denied that the receipt does not belongs to complainant this is the undisputed fact. Moreover only Op No.3 had filed written version except denying the contents of the complaint nothing more defense has been taken by this OP’s even the OP’s have not filed any chief affidavit on behalf of the OP’s documents produced by the complainant Ex-C-1, Ex.C-2 and Ex, C-3, or the documents which are pertaining to the deposited amount clears that complainant had deposited the amount in OP’s society. The complainant issued legal notices to the OP’s but these Ops have not refunded the FD amount nor replied to the notice. Such being the case, we come to the conclusion that complainant is entitled for his money deposited with interest. Hence we answer Point No.1 in affirmative Point No.2 in partly affirmative
14. Point.3: In view of the finding on points 1 and 2 we proceed to pass the following
O R D E R
1. Complaint is partly allowed.
2. The OP’s are directed to pay the amount of respective FD maturity amount to the complainant within 30 days from the date of receipt of this order along with Rs.5,000/-(Rupees Five Thousand) towards compensation and Rs.1,000/-(Rupees One Thousand) towards cost of the proceedings.
3. Failing to comply the same, the said amount shall carry interest @ 10.50. % P.A. from the date of maturity amount till realization.
4. Send the copy of this order to both the parties free of cost.
