Karnataka

Belgaum

CC/371/2014

Sunil S Jawalkar - Complainant(s)

Versus

The Liquidator. B.S.Mantoor. Om Ganesh Cr Sou Saha . - Opp.Party(s)

V.D. Chougla

23 Feb 2015

ORDER

(Order dictated by Smt. S.S. Kadrollimath, Member)

ORDER

          U/s.12 of the C.P. Act, complainant has filed the complaint against the O.Ps. alleging deficiency in service of non payment of the amount of the F.D.R.

          2) The O.P. Liquidator has denied the deficiency in service alleged and contend that complaint is bad for non joinder of parties etc., and it is submitted that efforts are being made to recover the loan and as per the priority list, the claim will be settled etc.,

          3) In support of the claim in the complaint, the complainant has filed affidavit and produced original F.D.R. On the other hand, O.P. has  filed his version but did not filed affidavit.

          4) We have heard the arguments of the learned counsel for the complainant and O.P. 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.P. 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) The complainant has claimed that under in F.D.R. Account No.20888 a sum of Rs. 25,920/- was kept with the O.P. society for a period of 2 years on 23/7/2010 and the interest agreed rate was 8 %P.A. The maturity value was Rs.30,067/- as on 27/3/2012. These facts alleged in the complaint are stated by the complainant in the affidavit. That statement is supported by the original F.D.R.

            8) The O.P.-Liquidator contend that the board of management is not made party and entire affairs of taking of deposit is during the period of board of management, at the out set, since admittedly, society has been liquated and the liquidator is additional charge of the society. Hence, in the absence of the directors, relief can be granted to the complainant and thus, the contention that the complaint is bad for non joinder of parties, cannot be accepted.  Further, he contents that complainant has not made request for payment, there was no demand made to the Liquidator. Further he contends that complainant has failed to provide details of either being loanee or guarantee surety to other loan raised by the complainant or his friends he has not furnished document to assed the facts whether there were any payment made against the interest regarding the said fixed deposit. Hence, there is no deficiency in service of the part of the liquidator.

          9) In para No.7 of his objection the liquidator has submitted that recovery is being made and after recovery of the loan, as per the priority list, payment will be made etc.,

          10) Grievance of the complainant is that, after maturity, deposited amount remained unpaid inspite of the demands made. This fact is pleaded in the complaint and stated by the complainant in the affidavit. Thus, the evidence establish that inspite of the demands made, after maturity, the amount remained unpaid. It amounts to deficiency in service.

11) Taking in to consideration of various aspects and the decision of Hon’ble Apex Court reported in (2011) SCCR 268 and of the Hon’ble Apex Commission reported in 2013 (2) CPR 574 as well as other subsequent decisions, absolutely it is just and necessary to impose cost on daily basis if order remains uncomplied within the period fixed for compliance of the order, so as to have feeling and pinch.

          12) Accordingly, following order.

ORDER

          Complaint is partly allowed.

          The O.P. Co-Operative represented by the liquidator is hereby directed to pay to the complainant a sum of Rs.30,067/- in respect of F.D.R. bearing A/c. No.20888 with interest at the rate of 8% P.A. from 23/7/2012  till realization of the entire amount.

          So also, the O.P. Co-Operative represented by the liquidator is hereby directed to pay to the complainant a sum of Rs.2,000/- towards costs of the proceedings.

          The order shall be complied by the O.P. within 30 days from the date of the order.

          If the order is not complied within 30 days the O.P. Co-Operative represented by the liquidator is hereby directed to pay to the complainant a sum of Rs.50/- per day till compliance of the order.

        (Order dictated, corrected and then pronounced in the open Forum on: 23^rd day of February 2015).

 

 

         Member                    Member                           President.

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