Karnataka

Belgaum

CC/374/2015

Dayanand P Hoti - Complainant(s)

Versus

The President. Shri Shivasagar Multipurpose Sou Saha Ltd - Opp.Party(s)

A G Huddar

31 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.372/2015

 

                     Date of filing: 03/08/2015

 

                                                                  Date of disposal: 31/12/2016

 

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.

 

 

COMPLAINANT   -

Sri.Gangadhar S/o Basavanneppa Ramannavar, Age: 54 Years, Occ: Business, R/o: Sangolli Rayanna Circle, Bailhongal, Tq: Bailhongal, Dist. Belagavi.                     (Rep. by Sri. A.G.Huddar, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.

The President, Shri.Shivasagar Multipurpose Souhard Sahakari Ltd., Udapudi, Tq: Ramdurg, Dist. Belagavi.   The Manager, Shri.Shivasagar Multipurpose Souhard Sahakari Ltd., Branch Bailhongal, Ramannavar Building, Sangolli Rayanna circle, Bailhongal – 591102.                         (Rep. by Sri. S.R. Sakri, Adv.                                       for Op.No.1 & 2)

 

JUDGEMENT

 

By  Smt. J.S. Kajagar, Lady Member.

 

 

1)         U/s. 12 of the C.P. Act, the complainant has filed the complaint against the OPs alleging deficiency in service of non payment of the matured F.D. amount.

 

          2) After issue of notice to the Ops. The OP.No.1 & 2 have appeared through their Counsel and OP.No.2 resisted the claim of the complainant by filing his written version and Op.No.1 adopts the same by filing the memo. The OPs in their written version denied the all allegation and deficiency in service and contend that, there is no cause of action and alleged that, the complainant has not approached the OPs society and allegations made are baseless.  

 

          3) To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced only one document i.e. original F.D. receipt. The OP.No.2 has filed his affidavit.

 

          4) We have heard the arguments of the learned counsel for the both parties and we have perused the records.

 

          5) Now the point for our consideration is that;

 

1.  Whether the complainant has proved that, there is deficiency in service on the part of the OPs for not settling the matured F.D. amount?

 

2. What Order?

 

          6) Our finding on the points are as follows;

 

1.      Affirmative.

          2.      As per final Order.

:: R E A S O N S ::

 

          7) By perusing the pleadings of complainant, document on record and affidavit evidence, the complainant has kept fixed deposit to the OPs society for a sum of Rs.1,15,000/- under F.D. Certificate No.000835 on 22.07.2013 for a period of 13 months with interest @ 14 % p.a. to mature on 22.08.2014 as value of Rs.1,32,442/-.

 

          8) The case of the complainant is that, after the maturity of F.D. amount and inspite of the demands made by the complainant to the OPs, but the OPs have failed to refund the F.D. maturity value. The complainant has contended that, he has requested to the OPs refund the said F.D. amount alongwith the maturity value. But, the OPs are postponing the same by assigning one or other reasons without any valid reason. The complainant further contended that, it is obligatory on the part of OPs to refund the said F.D. amount, but OPs are failed to refund the same and thereby OPs have committed the deficiency of service as contemplated under the provision of C.P. Act.

 

9) The OP contended in the written version and denied the deficiency in service and further contended that, the complainant has never approached the Souharda Sahakari with the maturity claims and thereby they are not entitled for any future interests, but can only claim interest @ 5% of amounts under Savings Deposits, therefore, the OPs prayed to dismiss the complaint.

 

10) The OPs have taken contentions as alleged in the complaint, in order to establish this contention, the OPs have not filed supporting affidavit evidence and not furnished any material documents to accept the contention contended in written version. Therefore, in our consider view that, the OPs have failed to establish as alleged in the written version.

 

11) The complainant has established their case in respect of  deficiency of service on the part of the OPs by filing the supporting affidavit evidence and material documents i.e. the original F.D. receipt is on record, the said document has been marked as Ex.P-1, for sake of our convenience. These facts pleaded in the complaint and stated by the complainant is not disputed or denied by the OPs. Hence, the said matured F.D. amount of Rs.1,32,442/- payable to the complainant by the OPs bank is proved.

 

12) No-doubt it is true that, the conduct of OPs in not paying the matured amount, it amounts to deficiency in service on the part of the OPs. The OPs not only liable to pay the matured amount, but they are also liable to pay interest
@ 8 % p.a. on the matured F.D. amount from the date of maturity till the date of payment. It is just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/-. Hence, we answer to the above point No 1 in affirmative.  Hence, we proceed to pass the following.

 

:: O R D E R ::

 

         

For the reason discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by partly allowed with costs.

 

          The OP.No.1 & 2 jointly and severally are directed to pay a sum of Rs.1,32,442/- towards maturity amount as per the F.D. receipt, Certificate No.000835 with interest @ 8 % p.a. from the date of maturity i.e. 22.08.2014 till its realization.

 

          Further, the OP.No.1 & 2 jointly and severally are directed to pay a sum of Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of the proceedings.

 

          The order shall be complied within 08 weeks from the date of this order, failing to which the complainant is entitled to recover with Additional interest @1.5 % p.a. from the date of complaint i.e. 03/08/2015 till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 31^st day of December 2016).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.