IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 29^th day of September 2016

Complaint No.87/2016

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

                        2) Smt.Sunita                            Member

-***-

Complainant/s:

                   Shri. Hanamantappa Pakkirappa Wareppanawar,

                    Age: Major, Occ: Agriculture,

                   R/o. Chikkumbi, Tal: Saudatti,

Dist. Belagavi.

                    (By Shri. S.S.Meti, Advocate)

                                                          V/s.

Opponent/s:

1.      The Managing Director,

M/s. PACL India Ltd.,

22, 3^rd Floor,

Amber Towr, Sansar Chand Road,

Jaipur-302004.

2)      Branch Manager,

M/s. PACL India Ltd.,

Customer Service Centre, Aashraya Empire,

2^nd Floor, RPD Cross,

Khanapur Road, Belagavi.

                    (OPs are placed exparte)

 (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) Inspite of  service of notice O.Ps remained absent. Hence OPs are placed exparte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original registration letter.

          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 deposited amount  with OPs society at OP-2 branch at Belagavi as detailed below.

8)      The complainant further alleged that after maturity complainant was to get a plot of land of 600 sq. yards and in default get the estimated realizable value of plots as per the registration letter  which is Rs.46,200/-. But after several he OPs have failed to return the aforesaid amount.  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 registration letter  which is in the name of complainant & inspite of the demands made to the O.Ps. have not paid the amount and remained unpaid, has to be believed and accepted. After service of notice the OPs not appeared before the forum. Hence OPs are placed 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.Ps. represented by the Managing Director and Branch Manager are jointly and severally hereby directed and liable to pay a total sum of mature amount of Rs.46,200/- to the complainant under  registration letter no.BK 18 B 2114797 with future interest at the rate of 9% P.A. from 30-05-2015 till realization of the entire amount.

Further, the O.Ps. represented by the Managing Director and Branch Manager are jointly and severally 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: 29^th day of September 2016)

        Member                                        President.

msr