Karnataka

Belgaum

CC/99/2015

Ashish B Khodabole - Complainant(s)

Versus

The President Girish R Suryavanshi Of Shivsagar Multipurpose Sou Saha Ltd - Opp.Party(s)

D J Gunde And R B Jadhav

15 Mar 2017

ORDER

                 

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.95 to 101/2015

Date of filing 20/02/2015

C.C.No.142 to 147/2015

Date of filing 10/03/2015

C.C.No.238  & 239/2015

Date of filing 08/05/2015

                                                                  Date of disposal: 15/03/2017

P R E S E N T :-

 

	(1)	Shri. A.G.Maldar, B.Com,LL.B. (Spl.) President.
	(2)	Smt.J.S. Kajagar, B.Sc. LLB. (Spl.)  Lady Member.

 

 

COMPLAINT NO.95/2015

 

 

COMPLAINANT   -

Shri.Pawan S/o Ashok Rajamane, Age: 21 Years, Occ: Agriculture, R/o: Chikodi, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

 

COMPLAINT NO.96/2015

 

 

COMPLAINANT   -

Shri.Veenit S/o Vasudev Gunde, Age: 32 Years, Occ: Agriculture, R/o: Nippani, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.97/2015

 

 

COMPLAINANT   -

Dr.Sheetal S/o Annappa Kagi, Age: 45 Years, Occ: Doctor & Agriculture, R/o: Chikodi, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.98/2015

 

 

COMPLAINANT   -

Shri.Swapnil S/o  Neminath Magadum, Age: 38 Years, Occ: Agriculture, R/o: Nippani, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

 

 

COMPLAINT NO.99/2015

 

 

COMPLAINANT   -

Shri.Ashish S/o Baburao Khodaole, Age: 36 Years, Occ: Agriculture, R/o: Nippani, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

 

COMPLAINT NO.100/2015

 

 

COMPLAINANT   -

Shri.Sunil Neminath Magadum, Age: 46 Years, Occ: Agriculture, R/o: Mirji Galli, Chikodi, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.101/2015

 

 

COMPLAINANT   -

Shri.Arun S/o Vasantrao Khodabole, Age: 50 Years, Occ: Agriculture, R/o: Nippani, Tq: Chikodi.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.142/2015

 

 

COMPLAINANT   -

Shri.Dhanyakumar Jinnappa Gunde, Age: 64 Years, Occ: Agriculture and Advocate, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.143/2015

 

 

COMPLAINANT   -

Smt.Nirmala W/o Dhanyakumar Gunde, Age: 61 Years, Occ: Agriculture and Household Work, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.144/2015

 

 

COMPLAINANT   -

Miss.Gunjan D/o Sheetal Kagi, Age: 10 Years, Since Minor through her M/G Next Friend, Her Natural Mother, Smt.Nilima W/o Sheetal Kagi, Age: 39 Years, Occ: Doctor, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.145/2015

 

 

COMPLAINANT   -

Shri.Neelendra Dhanyakumar Gunde, Age: 34 Years, Occ: Agriculture and Advocate, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.146/2015

 

 

COMPLAINANT   -

Miss.Narayani D/o Neelendra Gunde, Age: 05 Years, Since Minor through her M/G Next Friend, Her Natural Mother, Shri.Neelendra Dhanyakumar Gunde, Age: 34 Years, Occ: Agriculture and Advocate, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.147/2015

 

 

COMPLAINANT   -

Smt.Nilima W/o Sheetal Kagi, Age: 39 Years, Occ: Doctor, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.238/2015

 

 

COMPLAINANT   -

Shri.Swapnil Neminath Magadum, Age: 32 Years, Occ: Agriculture, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

COMPLAINT NO.239/2015

 

 

COMPLAINANT   -

Shri.Sunil Neminath Magadum, Age: 34 Years, Occ: Agriculture, R/o: Chikodi - 591201.                     (Rep. by Shri.D.J.Gunde, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.               3.           4.                 5.           6.       7.         8.       9.       10.

Shri Shivasagar Multipurpose Souhard Sahakari Ltd., Udapudi, Tq: Ramdurg, Dist. Belgaum. Rep. by its Chairman, Secretary and Members of Board of Directors, Namely.     The President, Dr.Girish R. Suryavanshi, Maratha Galli, Gokak - 591307.   The Manager, Prakash Ramachandra Shinde, C/o: Unni House, Bhaji Market, Gokak – 591307.                        (Rep. by Sri.S.R. Sakri, Adv.                                        for Op.No.1 & 2)   The Director, Rajendra Bandaji Patil, At/Po: Gokak & C/o: Shivasag Sugar and Agri Produce Udapudi – 591123. Tq: Ramadurga, Dist.Belgaum.   The Director, Shri.Arun Bandaji Hawaldar, At/Po: Bhatagadde, Mudhol, Tq:Jamakhandi, Dist.Bagalkot.                        (Rep. by Sri.S.L.Karale, Adv.                                        for Op.No.3 & 4)     The Director, Shri.Anand Achthrao Kulkarni, Indri Building, 9th Cross, Vidyagiri, Bagalkot, Pin: 587102 & also at Satti, Tq:Athani, Dist.Belgaum.   The Direcor, Venkangouda Sangangouda Patil, At/Po: Sattur, Tq: & Dist.Dharwad.   The Director, Shri.Manjunath Timmanna Desai, At/Po: Akkisagar, Tq: Soudatti, Dist.Belgaum – 591129.   The Director, Shri.Ningappa Sadappa Nagaral, At/Po: Maratha Galli, Gokak-591307.   The Director & Advocate, Shri.Kadappa L. Jinarali, At/Po: Madihalli, Tq: Hukkeri.   The Director, Shri.Laxman Subash More, At/Po: Munnoli, Tq: Soudatti, Dist.Belgaum.                            (Op.No.5 to 10 Ex-parte).

By  Sri.A.G. Maldar, President.

 

COMMON JUDGEMENT

 

 

1.      All these complaints were filed by the complainants under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directing them to pay the F.D. matured amount with interest
till its realisation alongwith future interest and compensation towards mental agony and any other reliefs deemed fit under the circumstances of these cases.

 

2.      Since the common question of law and facts involved in these complaints, they were taken-up together for disposal by the Common Judgments by this Forum.

 

          The brief facts leading to these complaints are that,

 

The case of the complainants are that, the complainants have kept fixed deposit in various dates with the OPs Society, and OPs society have offered to pay better rate of interest and as such the complainants have kept fixed deposits with Ops society. The details of amounts deposited as shown below:-

 

      In COMPLAINT NO.95/2015

 

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000774	10.09.14	Rs.2,08,750/-	15%	10.12.14

In COMPLAINT NO.96/2015

 

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000776	23.07.14	Rs.2,00,000/-	15%	23.01.15

In COMPLAINT NO.97/2015

 

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000775	26.09.14	Rs.2,17,500/-	15%	26.12.14

In COMPLAINT NO.98/2015

 

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000777	23.07.14	Rs.1,00,000/-	15%	23.01.15

 

In COMPLAINT NO.99/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000772	10.09.14	Rs.1,00,000/-	15%	10.12.14

In COMPLAINT NO.100/2015

 

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000773	10.09.14	Rs.2,00,000/-	15%	10.12.14

In COMPLAINT NO.101/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000778	05.11.14	Rs.2,17,500/-	15%	05.02.15

In COMPLAINT NO.142/2015

 

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000371	16.09.13	Rs.1,00,000/-	15%	16.10.14

 

In COMPLAINT NO.143/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000373	16.09.13	Rs.1,00,000/-	15%	16.10.14

In COMPLAINT NO.144/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000376	16.09.13	Rs.1,00,000/-	15%	16.10.14

In COMPLAINT NO.145/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000374	03.09.13	Rs.1,00,000/-	15%	03.10.14

In COMPLAINT NO.146/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000379	13.10.13	Rs.1,00,000/-	15%	13.11.14
02.	000372	16.09.13	Rs.1,00,000/-	15%	16.10.14

In COMPLAINT NO.147/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000375	03.09.13	Rs.1,00,000/-	15%	03.10.14

In COMPLAINT NO.238/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000590	22.02.14	Rs.1,00,000/-	15%	22.03.15

In COMPLAINT NO.239/2015

 

Sl. No.	Certificate No.	Date of Dep.	Deposit Amount	Rate of Int.	Date of Maturity
01.	000589	22.02.14	Rs.1,00,000/-	15%	22.03.15

 

It is further case of the complainants that, after the maturity of above said F.Ds amount, the complainants have approached to the Ops and requested to return the above said F.Ds amount alongwith agreed rate of interest. But, the OPs society postponed the same by giving one or the other reasons, without valid reason. After enquiry the complaints could gather that, the Ops have utilized and misappropriated the funds invested in the souhardh/society for their personal benefits and further the complainants have approached the souhardh/society and requested the Chairman, Secretary and other Directors to refund the above said matured amount, but the OPs have failed to refund the above said F.Ds amount to the complainants and thereby OPs committed the deficiency of service as contemplated under the provision of C.P. Act 1986.

 

          Lastly, the complainants have got issued legal notices to the OPs through their Counsel and notices were duly served to the OPs. But, the OPs have falsely replied to avoid the payments. Hence, the complainants have constrained to file these complaints.  

 

3.      After issue of notice to the Opponents. The OP.No.1 & 2 have

appeared through their counsel and Op.No.2 resisted the claim of the complainants by filing his written version and Op.No.1 has filed memo stating that, the written version of Op.No.2 adopt the same and Op.No.3 & 4 have appeared through their counsel and resisted the claim of the complainants by filing his written version and further the OP.No.5 to 10 neither appeared nor filed any version before this Forum, inspite of giving sufficient time. The Hon’ble Forum considered the OP.No.5 to 10 are placed Ex-parties.

 

The OP.No.1 & 2 contended in the written version that, there are no deficiencies of services on the part of the OPs as the entire amounts are already being remitted through cheque and there is a valid discharge for the said amounts, on point of Jurisdiction and further contended that, there are no details provided regarding, whether the complainants have filed any private complaints regarding the claims, when the instruments furnished were returned as Funds Insufficient, because of some technical error in crediting the amounts and further the main contention of the OPs are that, the complainants have not approached to the Sahakari/society with required documents and have not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and further Op.No.1 & 2 contended that, the interest against all the deposits are governed under the interest Rules of the Sahakari/society and it states that, the deposits cease to earn any interests from the date of maturity, if they are neither renewed nor discharged and shall be treated as a Savings Deposits from the date of maturity till payments and will earn simple interest @ 5% p.a. and the complainants are not entitle for the interest as agreed in the complaints and therefore, the OPs prayed to dismiss the complaints.

 

The OP.No.3 & 4 contended in the written version that, the averments and allegations made in the complaints are all false and the same are specifically denied by the Op.No.3 & 4 and the complainants are purposely trying to burden these Op.No.3 & 4 and Op.No.3 & 4 are nowhere in charge and responsible for the conduct of the day to day business of the Sahakari/society and further the Op.No.3 & 4 contended that, the Ops neither a signatory nor have issued the F.Ds and the liability of non-payment/realization of the above said F.Ds of the complainants cannot be fastened upon Op.No.3 & 4 and further the Op.No.3 & 4 have promptly replied to the legal notices issued by the complainants and there is no deficiencies of services on the part of the OP.No.3 & 4 and therefore, the OP.No.3 & 4 prayed to dismiss the complaints.

 

 4.     The Complainants have filed their affidavits in support of their claim and produced Original F.D. receipts, Attested copies of legal notices, reply notices, Postal Covers, copy of the Board of Directors and Attested copy of list of deposits liabilities, which are marked as Ex.P-1 to Ex.P-6, as against this, the OP.No.2 & 3 have filed their affidavits and produced original reply legal notices, postal receipts & postal acknowledgements and state of account towards the closed F.D. accounts which are marked as Ex.R-1 to Ex.R-4, for sake of our convenience, we have marked P & R series. The Adv. for complainant and Op.No.3 & 4 have filed their written arguments. Heard the arguments of parties.

 

Now, the following points that would arise for our consideration in deciding the cases are;

 

 

 

01.Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling the payment of interest as agreed on  F.Ds amount?

 

02. What order?

 

 

 

5.      Our findings on the above points are as fallow;

 

 

01. Point No.1  in the Affirmative.

02. As per final Order.

 

 

R E A S O N S

 

6.      Point No.1 : We have gone  through the pleadings of both parties, affidavit evidence and as well as documents on record. It is admitted fact that, the complainants are members of the Ops society. The Ops society have issued F.D. receipts to the complainants, the said documents of Original F.D. receipts are marked as Ex.P-1.

 

It is specific case of the complainants that, the complainants have been received towards F.Ds. amount only i.e. without interest, and the same have been mentioned as below in table;

 

Sl. No.	C.C.Nos.	Date of Deposit	Deposit Amount	Payment Received	Balance Amount Rs.
01	95/2015	10.09.14	Rs.2,08,750/-	Rs.2,08,750/-	Rs.69,145/- + Future Interest
02	96/2015	23.07.14	Rs.2,00,000/-	Rs.2,00,000/-	Rs.50,548/- + Future Interest
03	97/2015	26.09.14	Rs.2,17,500/-	Rs.2,17,500/-	Rs.40,161/- + Future Interest
04	98/2015	23.07.14	Rs.1,00,000/-	Rs.1,00,000/-	Rs.35,137/- + Future Interest
05	99/2015	10.09.14	Rs.1,00,000/-	Rs.1,00,000/-	Rs.35,137/- + Future Interest
06	100/2015	10.09.14	Rs.2,00,000/-	Rs.2,00,000/-	Rs.66,247/- + Future Interest
07	101/2015	05.11.14	Rs.2,17,500/-	Rs.2,17,500/-	Rs.66,247/- + Future Interest
08	142/2015	16.09.13	Rs.1,00,000/-	Rs.1,00,000/-	Rs.38,014/- + Future Interest
09	143/2015	16.09.13	Rs.1,00,000/-	Rs.1,00,000/-	Rs.38,014/- + Future Interest
10	144/2015	16.09.13	Rs.1,00,000/-	Rs.1,00,000/-	Rs.38,014/- + Future Interest
11	145/2015	03.09.13	Rs.1,00,000/-	Rs.1,00,000/-	Rs.38,517/- + Future Interest
12	146/2015	16.09.13	Rs.1,00,000/-	Rs.2,00,000/-	Rs.75,171/- + Future Interest
		13.10.13	Rs.1,00,000/-
13	147/2015	03.09.13	Rs.1,00,000/-	Rs.1,00,000/-	Rs.38,014/- + Future Interest
14	238/2015	22.02.14	Rs.1,00,000/-	Rs.1,00,000/-	Rs.26,383/- + Future Interest
15	239/2015	22.02.14	Rs.1,00,000/-	Rs.1,00,000/-	Rs.26,383/- + Future Interest

 

In order to prove the contention as alleged by the complainants regarding outstanding balance of interest due, for that proposition, the complainants have not produced any material documents to hold that, the complainants are entitled as per statements produced while arguing the matter and even the complainants have not established that, as mentioned in the statements regarding the interest which is outstanding after receiving the deposit amount from the Ops.

 

Under such circumstances, now the question arises, whether complainants are entitled as per statements produced at the time of argument which is mentioned above. No doubt, the complainants have kept deposits of said amount with Ops and the deposited amount have been received. Now, only point remain that, whether the complainants are entitled interest as agreed by the Ops, if agreed from which date?

 

In our consider view that, for the above said question, no doubt it is true that, the deposit amount have been received in this regard, the complainants filed memo regarding payment of deposit amount from Ops and admittedly, when the deposit amount have been paid to the complainants, obviously the complainants shall   have to entitled to get as per agreed rate of interest on above said F.Ds. amount and which have been mentioned in F.D. receipts respectively and this juncture the Ops have taken contention that, the entire amounts are already being remitted through cheque and there is a valid discharge for the said amounts, the said contention are not acceptable and it has no force and even the Ops have failed to produced to show that, the Ops have remitted the deposited amount as well as agreed rate of interest to the complainants, as such the Ops mere stating the accounts of complainants have been closed and mere stating that, there is no any balance, the said contention has not acceptable and it has no merit at all and further the complainants have argued regarding payment received by the complainants from Shri. Shivsagar Sugar & Agro Products Ltd., and further argued that, the Counsel of the Ops submitted that, why the complainants have been received the said amount from the said party, even the said contention also has no merit at all and not acceptable, for the reason that, the Ops society having knowledge regarding payment of deposit amount in this regard, the Ops Counsel himself produced documents i.e. ªÀÄÄzÀÝw oÉêÀÅ SÁvÉ  in which the Ops endorsed as account closed and the secretary of the Ops signed on same document. Therefore, it is crystal clear that, the Ops one or the other reason dragging the matter though the complainants endorsed on the cheque as “received the cheque towards principle amount of the F.D, interest is yet to be paid” despite the knowledge regarding interest the Ops not settling the case of the complainants.

 

It apparently case is made out by the complainants, the said act of the Ops i.e. not settling the claim of the F.D. amount to the complainants are amounts to deficiency of service on the part of the Ops and further the Ops contended that,
when there is no privity of contract between the complainants and Shri. Shivsagar Sugar & Agro Products Ltd., then the question does not arise to pay the interest and further argued that, it is presumed the complainants have received full and final settlement, for that proposition, the Ops relied a decision of National Commission reported in (I) 2016 CPJ 90 (NC), wherein the Hon’ble National Commission observe that, the complainant opted for surrendered of membership and received full and final payment in cash from other member to whom he sold plot and submitted affidavit that effect, but in the instant case the facts are different, the relied decision pertains to plot and the plot owner has sold the same and submitted affidavit to that effect and mentioning full and final payment in cash. Therefore, the relied decision is not applicable to instant cases and it is mandatory duty of the Ops that, when the deposit amount have been paid to the complainants then, is it not a duty of the Ops to pay interest as agreed @ 15% p.a. the Ops ought to have paid the outstanding interest as agreed rate and it is right of the complainants that, they are entitled to get interest as agreed rate of 15% p.a. as per terms of period mentioned in the respective F.D. receipts.

 

 However, the complainants are also entitled interest @ 5% p.a. which is not disputed by the complainants and it is governed under the interest Rules of the Sahakari/society and shall be treated as a Savings Deposits from the date of maturity to deposited amount received i.e. 25.11.2016 by the complainants from the Shri. Shivsagar Sugar & Agro Products Ltd.,. and also the Ops are liable to pay compensation of Rs.2,000/- towards inconvenience and mental agony and Rs.1,000/- towards cost of litigation to the each complainants with this we answer to Point No.1 in partly Affirmative. Accordingly, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

O R D E R

 

For the reason discuss above, the complaint filed by the complainants U/s 12 of the C.P. Act – 1986 in Complaint Nos.95/2015, 96/2015, 97/2015, 98/2015, 99/2015, 100/2015, 101/2015, 142/2015, 143/2015, 144/2015, 145/2015, 146/2015, 147/2015, 238/2015  and 239/2015 are here by partly allowed with costs.

 

 

 

The OPs are jointly and severally hereby directed to pay the interest as agreed @ 15% p.a. as per terms of period mentioned in the respective F.D. receipts and the complainants are also entitled interest @ 5% p.a. from the date of maturity to deposited amount received i.e. 25.11.2016 to the complainants.  

 

Further, the OPs are jointly and severally also hereby directed to pay compensation of Rs.2,000/- and Rs.1,000/- towards cost each of the complainants within 10 weeks from the date of this order, failing to  which, the Ops are liable to pay Addition interest @ 5 % p.a. from the date of this order till final realization.

 

Keep the Original Judgement in Complaint.No.95/2015 and copies thereof in other complaints for ready reference.

         

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 15^th day of March, 2017).

 

 

Sri. A.G.Maldar,     President.

Smt.J.S. Kajagar,    Lady Member.