Karnataka

Belgaum

CC/129/2016

Mahadev S Hiremath - Complainant(s)

Versus

The Manager, Solapur Prathamik Krushi Pattin Saha Sangh Ltd. Solapur - Opp.Party(s)

A F Bhalare

19 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 19^th day of April 2017

 

Complaint No.129/2016

 

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

                        2) Smt.Sunita                            Member

-***-

 

Complainant/s:  

 

Sri.Mahadev Satalingayya Hiremath,

Age: 62 years, Occ: Retired,

                   R/o. Solapur, Tq.Hukkeri,

Dist. Belagavi.

 

(By Sri. A.F.Bhalare, Advocate).

 

V/s.

                                                                     

 

Opponent/s:      

 

1)      The Manager,

Solapur Prathamik Krushi Pattin

Sahakari Sangh Ltd., Solapur,

Tq. Hukkeri, Dist. Belagavi.

 

2)      The Chairman,

Solapur Prathamik Krushi Pattin

Sahakari Sangh Ltd., Solapur,

Tq. Hukkeri, Dist. Belagavi.

 

(O.Ps.1 by Sri.C.S.Sanadi, Adv & OP-2 Inperson)

 

 

(Order dictated by Smt.Sunita- Member)

 

 

ORDER

 

          1) The complainant has filed the complaint U/s 12 of the C.P. Act, against the OP, alleging deficiency in service of non-payment of the FDRs amount and amount lying in SB account.

 

          2)      Though the OP.1 appeared through his counsel and OP.2 appeared in person but, not filed objections and affidavit.  

3) In support of the claim made in the complaint the complainant has filed his affidavit and produced  original FDRs.  

 

          4) We have heard the arguments of the learned counsel for the complainants Also we have perused the entire 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) Relevant facts are that, complainant is an ex employee of OP-1 society. The OP.1 Society has deposited the amount towards PF, gratuity of the complainant in the form of BGD deposits with OP.1 society as detailed below.

Sl.No.	Certificate No.	Dt of deposit	Deposit Amt	Dt of Maturity	Matured Amt
1	2	3	4	5	6
	207553	04.01.14	11,731	07.11.15	18,084
	207552	04.01.14	8,374	23.10.15	12,597
	207577	08.01.14	11,985	13.07.15	17,809
	207576	08.01.14	15,822	24.01.15	22,661
	207578	08.01.14	29,222	14.12.15	45,047
	207545	03.01.14	61,794	22.01.16	95,258
	207546	03.01.14	14,970	09.01.16	23,077
	207579	08.01.14	46,240	10.03.16	72,158
	207580	08.01.14	20,272	31.08.16	32,417
10.	220176	08.01.14	50,000	10.02.17	66,267
11.	P/FSB A/c 2725	10.02.14	3,924		3,924

 

Further, the complainant submits that, he was in need of deposited amount with OP.1 society & therefore he requested the OP.1 to pay the same, but the OPs did not heed to the requests of complainant. Hence the complainant got issued legal notice to OPs on 01.02.2016 calling upon the OPs to pay the above referred amount within 7 days from the date of receipt of the said legal notice. The said legal notice was served on OPs on 02.02.2016, but OPs not complied with the said legal notice. Hence the complainant is constrained to file this complaint.

 

8) On perusal affidavit filed by the complainant & documents produced by the complainant the FDRs are in the name of complainant & inspite of several demands made, the amount remained unpaid, has to be believed and accepted. After service of notice of the forum the OP.2 appeared in person and OP.1 appeared through his counsel before the forum but did not file objections and affidavit and thereby OPs failed to contest the matter. Hence it is well settled legal position that non payment of the FDRs amount and amount lying in the SB Account, amounts to deficiency in service.

 

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

O R D E R

          The Complaint is partly allowed.

          The O.Ps.1 and 2 as shown in the cause title,  are jointly and severally hereby directed to pay the complainant as detailed below

Sl.No.	Certificate No.	Dt of deposit	Deposit Amt	Dt of Maturity	Matured Amt
1	2	3	4	5	6
	207553	04.01.14	11,731	07.11.15	18,084
	207552	04.01.14	8,374	23.10.15	12,597
	207577	08.01.14	11,985	13.07.15	17,809
	207576	08.01.14	15,822	24.01.15	22,661
	207578	08.01.14	29,222	14.12.15	45,047
	207545	03.01.14	61,794	22.01.16	95,258
	207546	03.01.14	14,970	09.01.16	23,077
	207579	08.01.14	46,240	10.03.16	72,158
	207580	08.01.14	20,272	31.08.16	32,417
10.	220176	08.01.14	50,000	10.02.17	66,267
11.	P/FSB A/c 2725	10.02.14	3,924		3,924

 

The matured amount of the respective FDRs mentioned in column.6 with future interest @9% P.A. from the date of their respective maturity till realization and the S.B. Account amount of Rs.3,924/- with interest @6% P.A. from 11.02.2014 till realization.

          So also, the O.Ps as shown in the cause title are jointly and severally hereby directed to pay 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.

 (Order dictated, corrected and then pronounced in the open Forum on: 19th day of April 2017).

 

     

 

 

MSR