IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.
Dated this 25th day of August 2016
Complaint No.35 /2016
Present: 1) Shri. B.V.Gudli, President
2) Shri. V.S. Gotakhindi, Member
3) Smt.Sunita Member
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Complainants:
Shri. Basayya Kadayya Hiremath,
Age: 63 years, Occ: retired teacher,
R/o. H.No.513, Kamadhenu,
Near Bus stand, Shivaji Galli,
At/Post: Modaga,
Tal & Dist.Belagavi-591103.
(By Shri. S.B.Malage, Advocate)
V/s.
Opponents:
1) The Manager,
The Belagavi Liberal Credit Souhard Co-Operative Ltd.,
Belagavi. Tal & Dist. Belagavi,
Head office: Kapileshwar Road,Belagavi.
2) The Manager,
The Belagavi Liberal Credit Souhard Co-Operative Ltd.,
Belagavi. Tal & Dist. Belagavi,
Branch Office: Main Road, Vadagaon,
Belagavi.
(O.Ps. are placed ex-parte,)
(Order dictated by Smt.Sunita, President)
COMMON ORDER
1) The complainant has filed the complaint u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the fixed deposit.
2) In-spite of service of notice O.Ps. remained absent. Hence placed ex-parte.
3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.Rs. are produced by the complainant.
4) We have heard the argument of complainant counsel 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.Ps. 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) On perusal contents of the complainant and affidavit filed by the complainant. The opponent society had offered to pay the better rate of interest and as such the complainant had invested the money in form fixed deposit scheme. They have deposited the following sum with opponents details are as below;
Sl. No. | F.D.R./ A/c. No. | Date of deposit | Amount deposited | Date of maturity | matured Amount |
1 | 2 | 3 | 4 | 5 | 6 |
1 | 04898 | 22/10/11 | 1 lakh | 22/11/12 | 1,14,083 |
| | | | | | |
2 | 04844 | 23/7/11 | 1,25,000 | 23/8/12 | 1,42,604 |
3 | 03530 | 01/10/13 | 1 lakh | 01/11/14 | 1,15,167 |
4 | 01644 | 30/9/13 | 1 lakh | 30/10/14 | 1,14,625 |
8) After maturity the complainant approached the OPs society and requested for the matured amount of said FDRs, but the OPs have informed the complainant that the payment will be made after some more time along with the accrued interest upto the date of payment. The complainant believed the OP-1 of the society & waited for positive response from OPs society with a hope that his money will be return back along with interest. The complainant further submitted that after requesting several times the OP-1 has issued one cheque towards the disbursement of FDRs amount for Rs.1 lakh without any interest on 30/12/2013 under cheque no.030133 of IDBI Bank in the name of complainant. The complainant presented the said cheque to his banker Pioneer Urban Co-Op Bank Ltd., Belgaum and to his surprise the said cheque was returned as funds insufficient on 29/03/2014. Therefore the complainant went to OP-1 & reported the said fact & warned the OPs to initiate legal action against them. The complainant further alleged that the OP-1 requested to the complainant that not proceed in court & assured the complainant to return the FDRs amount soon. But the OPs did not returned the FDRs amounts & on several requests the OP-1 has again issued one more cheque towards interest on 04/07/2015 bearing cheque no.048520 drawn on IDBI Bank & the said cheque was presented by complainant through his banker Pioneer Urban Co-Op Bank Ltd., Belgaum & again the said cheque was returned as funds insufficient on 06/07/2015. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986.
9) On perusal evidence affidavit of the complainant, the complainant produced original FDR receipts at Annexure-1 to 4, the dishonoured cheque no.030133 and its return memo at Annexure-5 & 6, another dishonoured cheque no. 048520 and its return memo at Annexure -7 & 8. On perusal of evidence affidavit of the complainant the said FDRs are in the name of complainant and after maturity of F.D.R/s. the opponents have not paid matured F.D.R/s. amount. Inspite of the demands made to the O.Ps. have not paid the amount. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. Inspite of service of notice the OPs are failed to appear before the forum. Hence they have been placed as exparte. It is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.
10) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.P’s have been proved.
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
The complaints are partly allowed.
The O.Ps. as shown in the cause title are hereby directed and liable to pay to the complainant as ordered below;
Sl. No. | F.D.R./ A/c. No. | Date of deposit | Amount deposited | Date of maturity | matured Amount |
1 | 2 | 3 | 4 | 5 | 6 |
1 | 04898 | 22/10/11 | 1 lakh | 22/11/12 | 1,14,083 |
| | | | | | |
2 | 04844 | 23/7/11 | 1,25,000 | 23/8/12 | 1,42,604 |
3 | 03530 | 01/10/13 | 1 lakh | 01/11/14 | 1,15,167 |
4 | 01644 | 30/9/13 | 1 lakh | 30/10/14 | 1,14,625 |
The matured F.D.R/s. amount as mentioned in column No.6 with future interest at the rate of 8% P.A. from the dates mentioned in column No.5 respectively till realization of the entire F.D.Rs. amount.
Further, the O.Ps. as shown in the cause title are hereby directed and liable to pay Rs.3,000/-, to the complainant towards costs of the proceedings.
The order shall be complied 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 complainant from the date of disobedience of order, till the order is complied.
(Order dictated, corrected and then pronounced in the open Forum on: 25th day of August 2016)
Member Member President.
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