BEFORE THE DISTRICT CONSUMER     

       DISPUTES REDRESSAL FORUM, DHARWAD.

COMPLAINT NO.209/2016
 

Date: 11^th day of September, 2017

P r e s e n t:

Smt.C.H.Samiunnisa Abrar, B.A., LLB   :  President

Sri.B.S.Keri, B.A., LLB (Spl)                 :   Member

Complainant/s:       1.     Sri. Vasant S/o Kallappa Pattar, Age: 56 years, Occ: Retired Teacher, R/o H.No.FF11 “Santobai Apartment”, Line Bazar, Court Road, Dharwad.

(By Sri.N.M.Badiger, Adv.)

V/s

Respondent/s:        1.      The President, The Karnataka Vishwabramha Sahakari Pattin Sangha Niyamita, Raviwar Peth, Dharwad.

                                   2.       The Chief Executive Committee member, The Karnataka Vishwabramha Sahakari Pattin Sangha Niyamita, Raviwar Peth, Dharwad.

                             3.       The Secretary, The Karnataka Vishwabramha Sahakari Pattin Sangha Niyamita, Raviwarpeth, Dharwad.

                                     4.        The Liquidator/ Administrator, Sri. A.K. Joshi. Age: major Occ: Liquidator, The Karnataka, Vishwabrahma Co.op. Credit Society Limited, Raviwarpeth, Dharwad.

                                               (OP No.1 to OP No.4

 R/by Sri.S.B.Doddagoudar, Adv)

JUDGMENT DELIVERED BY

SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT:

        The complainant filed this complaint claiming for a maturity amount, and sought direction to the OP’s to refund the matured FD amount along with interest @18% and to order for payment of compensation, cost of the proceedings and to grant such other reliefs.

Brief facts of the case are as under:

2.     The case of the complainant is that, the complainant had deposited a sum of Rs.2,00,000/- as FD with OP No.1 for period of 1 year from 25.10.2013 to 24.10.2014 under fixed a deposit receipt No.9030 OP No.1 assured  that after maturity the amount of Rs.2,18,000/- will be paid maturity amount as well as with interest the complainant approached OP’s several occasion but OP’s have not refunded the maturity amount along with interest as such complainant got issued a legal notice on 23.02.2016 but Ops have not replied for the same, and again on 07.05.2016 complainant got issued another legal notice to the OP’s which is not claimed. During the pendency of the complainant OP No.1 appeared before the Forum and submitted that society has been liquidated the official liquidator has been appointed. Hence the complainant amended the complaint and made the official liquidator the party to the proceedings and prayed to order for refund of FD amount along with compensation.

3.     Forum registered the complaint notices were order OP No.1 to 4 appeared before the Forum through the advocate and submit that the said society had been liquidated and the official liquidator had been appointed as a party to the proceedings. Notice is issued to the proposed Op No.4 (official liquidator) after impleading the official liquidator as a party to the proceedings notice has been send to said liquidator as OP No.4. He appear before the Forum through the advocate not filed any written version or not filed any chief affidavit on his behalf.  

The brief facts of the Objection

4.     That the Op No.4 submits that complaint filed to the complainant does not come under CP Act and submits that one M.S.Mestri. who was previous  secretary of the said OP bank had played a fraud and misrepresentation Etc. to the society M.B.Badegar has filed the complaint against M.S.Mestri before the Hon’ble II JMFC Dharwad bearing PC No.108/15 the same is the pending for disposal and it is submitted that for having carry out the transaction for pretty long time all the accounts and all other document are taken away by the secretary and now documents are not available for society and further submits that if the Forum come to the conclusion that there is a due to the complainant i.e. to be paid accordance with law after the finalization hence prayed to dismiss the complaint.

5.     In the background of the above said pleading, the Complainant filed his chief affidavit and filed the documents produced as Ex, C-1 to Ex, C-05. On the other hand, OP’s have not filed any document or chief affidavit on their behalf.

6.     On perusal of above documents and arguments heard on the Complainant side, we conceived that the dispute is regarding the unfair trade practice and deficiency in service. This being the pleadings, the points arises before us for adjudication are as follows:

Our Answer to the above Points are:-

Point No.1 – Affirmative,

Point No.2 – Partly Affirmative,

Point No.2 - As per the final order.

7.     On consideration of pleading, evidence, documents and arguments of the Complainant, we answer the above points as under:

                                                    //R E A S O N S//

     8.  POINT NO.1 & 2:- Since both the points are inter-link and identical, we proceed with both the points together.

    9. The case of the complainant is that deposited an amount of Rs.2,00,000/- in the OP’s bank on 25.10.2013 in fixed deposit but Op’s failed to return the maturity date amount, After maturity complainant approached the OP several time but Op’s have not responded for the same. After receipt of the notice from the Forum complainant came to know that the said bank had been liquidated hence he made the official liquidator a party to proceedings as OP No.4. Official liquidator filed an objection that there is a private case pending before the Forum pertaining to one M.S. Mestri who is the previous secretary of OP’s bank who had done some miss representation for that M.B.Badegar who had filed a private complaint before Hon’ble II JMFC Dharwad. Hence Op No.4 submits that if the Forum come to conclusion that if there is due to the complaint i.e. is to be paid accordance to the law. The final order Hon’ble JMFC.

10.       Ongoing through the pleadings, the main issue involved in the case is that whether the complainant had deposited his amount in the Op’s bank and as per the pleading of Op No.4 that there was a case pending before Hon’ble II JMFC Dharwad. Whether the complainant has to wait for the finalization of the said case.  

11.       On perusal of the documents on records Ex. C-1 FD receipt speaks that complainant have deposited the amount with the OP’s bank. Moreover Op’s have not denied that the receipt does not belongs to complainant this is the undisputed fact but have to be discuss that whether the complainant have to wait for the final

order of above said complaint here no document had been produced before the Forum to accept that there was a case pending before the Hon’ble II JMFC Dharwad. The complainant filed in Hon’ble II JMFC Dharwad is some other complaint and also the secretary had been appointing the managing committee who had misused the banks fund for which the president and member are responsibly. Complainant cannot be suffered for some others act. Hence we have observed that complainant had deposited the amount in the year 2013, which has been matured in the year 2014. It’s clear that complainant deposited his hard earned money with the OP’s hence we come to the conclusion that complainant is entitled for his money with interest. Hence we answer Point No.1 in affirmative Point No.2 in partly affirmative

12.   Point.3: In view of the finding on points 1 and 2 we proceed to pass the following 

O R D E R

             1.    Complaint is partly allowed.

 2.    The OP’s are directed to pay the amount of respective FD amount to the complainant within 30 days from the date of receipt of copy of this order along with Rs.5,000/-(Rupees Five Thousand)  towards compensation and Rs.1,000/-(Rupees One Thousand) towards cost of the proceedings.

 3.    Failing to comply the same, the said amount shall carry interest @ 9% P.A. from thereon till realization.