Karnataka

Belgaum

CC/540/2015

Baburao Y Kamanache - Complainant(s)

Versus

The President. The Belgaum Postal And RMS Division. Co-Op Cr Scty Ltd - Opp.Party(s)

28 Jan 2016

ORDER

 (Order dictated by Smt. Sunita , Member)

ORDER

          The complainant has filed the complaint u/s. 12 of the C.P. Act against the O.Ps. alleging deficiency in service of non payment of the amount of the matured F.D.R.

          2) In-spite service of notices, O.Ps. have remained absent. Hence placed ex-parte.

          3) In support of the claim made in the complaint, the complainant has filed his affidavit and produced certain documents. We have heard the arguments and perused the records.

          4) 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?

          5) Our finding on the point is partly in affirmative for the following reasons.

REASONS

          6) On perusal contents of the complaint and affidavit filed by the complainant. The complainant deposited Rs.1,00,000/- on 19/7/2012 under F.D.R. A/c. No.279 and said amount was matured on 19/12/2012 with agreed rate of interest 11% P.A. After maturity of the said amount the complainant requested to return the maturity F.D. amount to solve the domestic financial problems contacted the opponent. But the opponents postpone the same one or other reasons. Thereafter the complainant approached the opponent society to refund F.D.R. amount with interest. Hence complainant constrained to file this complaint against opponent society.

7) Lastly fed up with the opponents behavior he has issued legal notice through his advocate on 8/7/2015 calling upon the opponents for the immediate release of F.D. amount with interest, but they failed to make payment as mentioned above within the stipulated period till today. Thus opponents caused deficiency of service and due to the deficiency on the part of the opponents their financial problems are not solved within time.

8) On perusal documents F.D.R. produced by the complainant he had deposited a sum of Rs.1,00,000/- on 19/7/2012 said F.D.R. was matured on 19/12/2012 and agreed rate of interest 11% P.A., F.D.R. is standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.R. the opponent has not paid F.D.R. amount. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. It is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

9) 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.

          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.Ps. has been proved.

ORDER

          The complaint is partly allowed.

          The O.Ps. are hereby directed to pay a sum of Rs.1,00,000/- to the complainant in respect of F.D.R. A/c. No.279 with interest at the rate of 11% P.A. for the period from 19/7/2012 to 19/12/2012 with future interest at the rate of 8% P.A. from 20/12/2012 till realization of entire amount.

          Further the O.Ps. shall pay a sum of Rs.2,000/- to the complainant towards costs of the proceedings.

          Above order shall be complied within 30 days from the date of the order.

If the order is not complied within stipulated period, O.Ps. are 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: 28t^h day of January 2016)

                  Member                      Member            President.

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