Karnataka

Belgaum

CC/787/2014

Tarabai S Anuje - Complainant(s)

Versus

The Secertary Of Pragati Cr Sou Saha Ltd. - Opp.Party(s)

S.R.Sakri.

09 Sep 2015

ORDER

(Order dictated by Shri. B.V.Gudli, President)

: ORDER :

          The complainant has filed complaint against Opponents U/s. 12 of C.P. Act alleging deficiency in service of non payment of the amount of matured F.D.Rs. and Saving amount lying in S.B. Account of the complainant.

          2) Notices were issued against Opponents, said notices were served on opponents. The opponents have appeared through their counsel and filed their written version and denied the contents of the complaint.

          3) In support of the claim of the complainant, complainant has filed her affidavit by way of evidence and original F.D.Rs. and one Pass-Book are produced by the complainant.

          4) We have heard the arguments and 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 opponents and entitled to the reliefs sought?

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

:: REASONS ::

          7) On perusal contents of the complaint and affidavit of the complainant she has stated in her complaint that she is agriculturist coolie and out of work collie earning. She has deposited the following sums with opponents for her future medical expenses as well as her maintenance, details are as below;

SL.No.	FDR Nos.	Date of Deposit	Date of Maturity	Deposited Amount	Maturity Amount	Interest
1	693	11/7/2007	11/7/2014	20,000/-	40,000/-
2	711	20/11/2007	20/11/2014	10,000/-	20,000/-
3	S.B.A/c. No.2235	15/10/2015		14,650/-
4	S.B.A/c. No.2402	9/3/2012		329/-

 

Complainant further stated that she was in urgent need of finance for fulfillment of medicines to their family members and for her existence. The complainant approached the opponents for release amount deposited in the opponents society. The opponents did not heed requests of the complainant and failed to return the maturity amount in favour of the complainant and also did not allow to operate her Savings Deposit Account, that is grave deficiency in service of the opponents. Hence she filed the complaint.

          8) On perusal documents F.D.Rs. produced by the complainant she had deposited some of Rs.20,000/- on 11/7/2007 said F.D.R. was matured on 11/7/2014 and she deposited Rs.10,000/- on 20/11/2007 it was matured on 20/11/2014 and she also maintained S.B. Account NO.2235 and another S.B. A/c. No.2402 for Rs.14,650/- and Rs.329/- is standing in the name of the complainant. These facts has been admitted by the opponents in their written version. The complainant requested the opponents to return the F.D.Rs. amount and as well as Savings amounts In support of claim of the complainant, complainant has filed affidavit and produced original F.D. receipts and Passbook.

9) The grievance of the complainant is that after maturity inspite of the demands made to the O.Ps. have not paid the 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.

          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.

          11) 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.

          12) Hence we proceed to pass the following order;

: ORDER :

          The complaint is partly allowed.

          The O.Ps. represented by the Chairman and Secretary jointly and severally are hereby directed to pay to the complainant a sum of Rs.40,000/- in respect of FDR No.693, a sum of Rs.20,000/- in respect of FDR No.711 with future interest at the rate of 8% P.A. from 11/7/2014, 20/11/2014 respectively till realization of the entire amount.

          Further the O.Ps. represented by the Chairman and Secretary jointly and severally are hereby directed to pay to the complainant a sum of Rs.14,650/- and Rs.329/- in respect of S.B.A/c. No. 2235 and Another S.B. A/c. No. 2402 with interest at the rate of 4% P.A. from 16/10/2013, 10/3/2012 respectively till realization of the entire amount.

          The O.Ps. represented by the Chairman and Secretary jointly and severally are hereby directed to pay to the complainant a sum of Rs.1,000/- towards costs of the proceedings.

          Order shall be complied within one month from the date of the order.

          (Order dictated, corrected & then pronounced in the Open Forum on this 16^th day of September 2015)

          Member                    Member                    President

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