IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 7^th day of September 2016

Complaint No.34/2016

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

                        2) Smt.Sunita                            Member

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Complainant/s:

                  Smt. Umadevi W/o. Basayya Hiremath,

                   Age: 55 years, Occ: House wife,

                   R/o. H.No.513, Kamadhenu,

Near Bus stand, Shivaji Galli,

At/Post: Modaga,

Tal & Dist.Belagavi-591103.

                    (By Shri. S.B.Malagi, Advocate)

                                                          V/s.

Opponents:

                The Manager,

The Belagavi Liberal Credit Souhard Co-Operative Ltd.,

                   Belagavi. Tal & Dist. Belagavi,

                   Branch Office: Main Road, Vadagaon,

                   Belagavi.

 (O.P is placed ex-parte,)

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

ORDER

          1) The relevant facts of the case is that 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.P remained absent. Hence placed ex-parte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.R is produced by the complainant.

          4) We have heard the arguments 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) On perusal contents of the complainant and affidavit filed by the complainant.  The complainant stated that she has deposited her saved money under the FD account no.2045 & FD receipt no.03531 of Rs.1 lakh on 01.10.2013 & the same is matured on 01.11.2014. The matured amount is Rs.1,15,167/-.  After maturity, the complainant approached the society but the manager of the society had postponed payment of matured FD saying that the payment will be made after some more time along with accrued interest upto the date of payment &  the complainant believed the manager of the society & waited for the positive response.

8)      The complainant further alleged that after several requests the OP postponed the same & the other reasons. Now the complainant came to know that the OP is making false promise and the OP may fly away by shutting down his office. Hence opponent 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 the original F.D.R. which is exhibited as P1 is in the name of complainant & inspite of the demands made to the O.P. has not paid the amount and remained unpaid, has to be believed and accepted. Inspite of service of notice the OP is failed to appear before the forum. Hence OP has 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 complaint is partly allowed.

          The O.P. represented by the Manager is hereby directed and liable to pay Rs.1,15,167/- to the complainant under  matured F.D.R No.03531 and account No.2045 with interest at the rate of 8% P.A. from 02.11.2014 till realization of the entire amount.

Further, the O.P. represented by the Manager is 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.P is 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: 7^th day of September 2016)

        Member                                        President.