Karnataka

Belgaum

CC/680/2014

Dilawar G Madar. - Complainant(s)

Versus

The Secertary Of Hidkal Dam Urban Co-Op Cr Scty - Opp.Party(s)

S.L.Magadum.

15 Jun 2015

ORDER

(Order dictated by Smt. S.S.Kadrollimath, Member)

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging deficiency in service of non payment of the amount of the matured F.D.R. and amount lying in S.B. accounts.

          2) O.Ps. in the version denied the deficiency in service and have contended that there is no cause of action to file this complaint and complainant never approached the O.P. except sending legal notice. The O.Ps. further contended that after receipt of the notice we have called upon the complainant and explained that the arbitration cases are filed against the debtors and execution cases are pending and some recovery cases are filed and requested complainant to wait for some time. But the complainant did not heed for the request made by the O.Ps. The O.Ps. prayed to dismiss the complaint and same is false and baseless.

          3) To prove the facts alleged in the complaint the complainant has filed the affidavit and produced original F.D.Rs. and original passbooks, documents. On the other hand, O.P.2 has filed his affidavit duly sworn on his behalf and O.P.1.

          4 We have heard the arguments of both learned counsel for the complainant and the O.Ps. and have 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.Ps. 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) The oral and the documentary evidence establish that the complainant has kept the deposits with the O.P. society under F.D.R. No. 822 on 27/01/2007 of Rs.20,000/- and matured as on 27/12/2013 for a period of 6 years at the rate of 11% P.A. and the maturity value is Rs.36,194/-. Further the complainant alleges that in his S.B. Account bearing No.416 a sum of Rs.1,235/- was balance as on 26/5/1995 and another S.B. A/c. bearing No. 708/4 the amount lying in S.B.A/c. Rs.138/- as on 27/01/2007. These facts pleaded in the complaint are stated by the complainant in the affidavit and that statement corroborated by the original F.D.R. and pass books.

          8) O.Ps. in the version denied the deficiency in service and have contended that there is no cause of action to file this complaint and complainant never approached the O.P. except sending legal notice. The O.Ps. further contended that after receipt of the notice we have called upon the complainant and explained that the arbitration cases are filed against the debtors and execution cases are pending and some recovery cases are filed and requested complainant to wait for some time. But the complainant did not heed for the request made by the O.Ps. The O.Ps. prayed to dismiss the complaint and same is false and baseless. The complainant has filed his affidavit stating that he request for release of maturity amount but O.Ps. did not heed to request made and there was no willingness to release amount to the complainant and even after demand notice was issued the O.Ps. did not reply to the same and personally the complainant approach the society demanding the claim amount. The complainant have produced the original F.D.R., Pass books and the copy of demand notice and has contended that even after receipt of the notice they have not replied and same can be attributed from the objection filed by the O.Ps. at para no.6 that O.Ps. even after receipt of the notice that they have given reply to the demand notice issued by the complainant. The O.Ps. have merely denied the contention of the complaint assigning reasons that the some cases of the pending for the recovery from the debtors but no documents are coming forth before this forum that they are making efforts for recovery. The complainant have made a prima-facie case and proved the deficiency of service on the part of the O.Ps.

          9) The complainant has produced share certificate bearing No.423 A/c. No.416 for a sum of Rs.1,000/-. But this forum has no jurisdiction for release of share amount. Hence the complainant is at liberty to approach proper authority for the release of share amount.

          10) Taking in to consideration of various aspects and the decision of the Hon’ble Apex Court reported in (2011) SCCR 268 as well as  Hon’ble Apex Commission in a ruling reported in 2013 (2) CPR 574 as well as the purpose and object of the Act, absolutely it is just and necessary to impose heavy cost on daily basis if order remains uncomplied within period fixed for compliance of the order, so as to have feeling and pinch.

          11) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The O.P. society represented by the Chairman and Secretary jointly and severally are hereby directed to pay the complainant a sum of Rs.36,194/- in respect of F.D.R. No.822 with interest at the rate of 8% P.A. from 27/12/2013  till realization of the entire amount.

          So also,  The O.P. society represented by the Chairman and Secretary jointly and severally are hereby directed to pay the complainant a sum of Rs.1,235/- and Rs.138/- with interest at the rate of 4% P.A. from 26/5/1995, 27/01/2007 respectively.

          Further, the O.P. society represented by the Chairman and Secretary jointly and severally are hereby directed to pay a sum of Rs.2,000/- to the complainant towards costs of the proceedings.

          The above amounts shall be paid within 30 days from the date of the order.

          If the order is not complied within 30 days the O.P. Society represented by Chairman and Secretary are hereby directed to pay to the complainant a sum of Rs.50/- per day till compliance of the order.

(Order dictated, corrected and then pronounced in the open Forum on: 15^th June 2015)

                   Member                    Member                   President.

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