Karnataka

Belgaum

CC/424/2016

Smt Anusuya W/O Ganapati Kokare - Complainant(s)

Versus

The Liquidator - Opp.Party(s)

Sachin L Magadum

17 Mar 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 17^th day of March 2017

 

Complaint No.408 & 424/2016

 

Present:            1) Shri. B.V.Gudli,                     President

                        2) Smt.Sunita                            Member

-***-

 

Complainant/s:  

Sri.Balu s/o.Shivaram Nikam,

Age: 50 years, Occ: Business,

R/o. Rampur, Tq: Chikkodi,

Dist. Belagavi

In CC/408/2016

 

Smt.Anusuya w/o.Ganapati Kokare,

Age: 70 years, Occ: Housewife,

R/o. Nanaso Colony, Nippani,

Tq: Chikkodi, Dist. Belagavi

In CC/424/2016

 

(By Sri. S.L.Magadum, Advocate).

 

V/s.

                                                                     

 

Opponent/s:      

 

        1)     The Founder Secretary,

                   Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

Tal: Chikodi, Dist. Belagavi.

 

          2)      The Liquidator,

                   Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

                   C/o now serving in the office of DCC Bank, Belagavi

Tal: &Dist. Belagavi.

 

          3)      Shri. Vikasrao Vittalrao Savant,

The Founder Chairman

Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

R/o. Sakarwadi, Nipani,

Tal: Chikodi, Dist. Belagavi.

 

          4)      Shri. Appasaheb Dattatray Sugate,

The Founder Vice-Chairman

Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

R/o. Mane Plot, Nipani,

Tal: Chikodi, Dist. Belagavi.

 

(O.P.1 in person, O.P. 2 Exparte, OP-3&4 by Sri. A.N.Ghatti, Advocate)

 

 

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

 

 

COMMON ORDER

 

          I. Though the complainants are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainants. In all the cases the  O.Ps. are same. Hence, for convenience all the cases are disposed of by the common order.

          II. Since there are 2 cases and same number of complainants are there having different addresses and particulars of their deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular case only will be shown in the cause title and the details of the deposits will be shown separately in the annexure.

 

          1) The complainants have filed the complaints U/s 12 of the C.P. Act, against the OPs, alleging deficiency in service of non-payment of the amount of the matured F.D.R./s

          2) Relevant facts are that, in the complaint, it is alleged that, the complainants have kept the amounts in fixed deposit with the OP Co-operative as detailed below. 

 

Compt No.	F.D. Account No.	Amount invested	Date of deposit	Date of maturity	Matured amount.
408/16	293/893	10250	22.02.01	22.02.16	1 lakh
424/16	247/847	10250	08.02.00	08.12.15	1 lakh

 

          3)      It is alleged in the complaint that looking the position and status of the O.P. Co-operative, as well as the O.Ps, with a hope and belief that the OPs will refund the amount, the deposits were made. The OPs have received the deposits. The OPs have collected the deposits from the complainants as well as from public at large and they have advanced the said money to their relatives, friends and even they have made a huge assets, purchased huge agricultural as well as house properties either in their own name or in the name of their relatives out of the deposits made by the public.

 

          4) Now in order to avoid the liabilities to refund the amount to the complainants as well as to the other depositors and to dupe the money, they are playing game of Liquidation. The OPs have planned for Liquidation to shirk the responsibility. The said Directors are looking after their own profits and have caused deficiency in service. They are looking after the day to day affairs of the O.P. Co.Operative.

 

          5) The OPs inspite of demands made, failed to refund the deposits to the complainants. The complainants have suffered mental agony. They are entitled for refund of the deposits with interest as well as compensation and cost.

 

6) The 1^st O.P. Secretary in the version has stated that complaints are not maintainable as the liquidator is appointed to the said society & he has taken all the charges. The OP.1 further contended that he is an paid employee of the society appointed by board of directors. The  board of directors have advanced loan to their relatives and friends and they are not ready and even not trying to recover the amount. The OP.1 has tenured his resignation and it was accepted on 12.09.2011, therefore he is in no way concern to the affairs of society. 

 

          7) O.Ps. 3&4 have appeared through their advocate and filed their objections contenting that the Liquidator came to be appointed for the said society as per the order of ARCS Chikodi dt.21.09.2011 and since then till today the entire business of the said society being look after by the society liquidator and as such the OP.3 and 4 are in no way concerned to the said society. Further, there is no signature of the manager/secretary & passing officer on FDRs. Therefore the complainants are not entitled for any deposit amount. Hence complaints deserves to be dismissed with costs.

          8) In support of the claim made in the complaints the respective complainants have filed their affidavits and produced certain documents including original F.D.Rs. On the other hand, O.Ps. have filed their affidavits and produced some documents. Inspite of service of notice OP.2 remained absent. Hence placed exparte.

 

          9) We have heard the arguments of the learned counsel for the complainants and the O.Ps.  Also we have perused the entire records.

 

          10) Now the point for our consideration is that whether the complainants have proved deficiency in service on the part of the O.Ps. and entitled to the reliefs sought?

 

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

:: R E A S O N S ::

 

          12) On perusal of contents of complaint and affidavit filed by complainants they have claimed that they have kept FDRs in the OPs society, on maturity the amount has not been refunded with interest and there is deficiency of service For convenience, as noted at the beginning of the judgment, the details of the deposits are mentioned in the annexure.

 

          13) The deposits shown in the annexure are supported by the F.D.Rs. Though some of the O.Ps. have pleaded ignorance, considering the documents of the O.P. Co.Operative which are not disputed, the deposits are duly proved by the respective complainants.

 

          14) The complainants claim that after maturity of the F.D.Rs. inspite of demands made the amount has not been refunded. It is not in dispute that all the deposits have been matured prior to filing of the complaints. Though the O.Ps. contend that there is no cause of action for the complaints or that there is no deficiency in service, admittedly, the amount in question has not been paid to the complainants by any of the O.Ps. It is well settled legal position that non payment of the fixed deposit to the depositors after maturity, amounts to deficiency in service.

 

          15)    The OP.3&4 have contended that after appointment of administrator to the society because of there was no election in respect of the board of directors of the said society since 2009-10. The entire business was in the hand of administrator and after the report given by the said administrator. The liquidator came to be appointed for the said society as per the order of ARCS Chikodi dt.21.09.2011 and since then till today the entire business of the said society being look after by the society liquidator and as such the OP.3 and 4 are in no way concerned to the said society. Hence prays for dismissal of complaints with costs.

 

16)    As per Sec.. 5 of the Companies Act the director would fall within the meaning of officer who is in default. In the case on hand also the O.Ps.- Secretary, Chairman and Vice Chairman were the members of the managing committee and were looking after the management of the co.operative society and hence are liable and responsible to answer the claim of the complainant. The OP.3 &4 have not produced any document to show that they are not Chairman and Vice Chairman.

 

17)    The OP-1 has specifically pleaded in his objections that, he has resigned from the post of secretary and it was accepted on 12.09.2011. The OP.1 has not produced any cogent evidence to show that, the  he has resigned from the post of secretary and it was accepted by the proper authorities. Hence OP.1 is also liable to pay the FDRs amount.

 

          18) Considering the facts, discussion made here before and the conclusion arrived at, we pass the following order.

 

 

ORDER

          The Complaints are partly allowed.

          The O.Ps 1 to 4, as shown in the cause title of the respective complaint, jointly and severally are hereby directed to pay to the complainants the matured amount described in the annexure below to the order of the respective cases in respect of the deposits described in the annexure with interest at the rate of 9% P.A. from the maturity dates mentioned in the annexure till realisation of the entire amount.

          So also, the O.Ps.1 to 4, as shown in the cause title of the respective complaint, jointly and severally are hereby directed to pay to each of the complainant a sum of Rs.3000/- towards costs of the proceedings.

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

If the order is not complied within stipulated period, O.Ps are hereby directed to pay a sum of Rs.50/- per day to the complainants from the date of disobedience of order, till the order is complied.

          Original order be kept in CC 408/16 & its copy in CC 424/16.

(Order dictated, corrected and then pronounced in the open Forum on:17^th day of March 2017).

 

 

     

     Member                                                       President.

 

ANNEXURE

Compt No.	F.D. Account No.	Amount invested	Date of deposit	Date of maturity	Matured amount.
408/16	293/893	10250	22.02.01	22.02.16	1 lakh
424/16	247/847	10250	08.02.00	08.12.15	1 lakh

 

 

 

 

MSR