Karnataka

Belgaum

CC/313/2015

Arun M Kadam - Complainant(s)

Versus

The Secretary, Bharati Mahila Credit Souharad Sahakari Ltd - Opp.Party(s)

M A Sayyad

19 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.313/2015

 

                     Date of filing: 24/06/2015

 

                                                                  Date of disposal:19/12/2016

 

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   -

Shri. Arun S/o Mahadev Kadam, Age: 55 Years, Occ: Business, R/o: Nipani, Tq: Chikodi, Dist. Belagavi.                     (Rep. by Shri.M.A Sayyad, Adv.)

 

- V/S -

 

OPPOSITE PARTY  -

The Secretary, Bharati Mahila Souhard Sahakari Ltd., Nipani, Tq: Chikodi, Dist. Belagavi.                         (Rep. by Sri.S.R.Sakri, Adv)

 

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1)       U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.P. alleging deficiency in Banking service i.e. non-payment of the matured fixed deposit amount.

 

          2) After issue of notice to the Op. The OP has appeared through his Counsel and resisted the claim of the complainant by filing his written version and denied the all allegation and deficiency in service and contended that, the complainant has not approached the OP society and allegations made are baseless. 

 

          3) To establish the facts alleged in the complaint by the complainant, has filed his affidavit and produced original F.D. receipts and certain other documents. The OP 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 deficiency in service on the part of the OP and entitled to the reliefs sought?

 

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) The evidence on record establish that, the complainant has kept deposit amount in the opponent souhard sahakari in the form of fixed deposit for a sum of Rs.10,250/- under F.D. No.1749 on 05.08.1998 with interest @ 15.5 % p.a. to mature on 05.08.2013 as value of Rs.1,00,000/-.

 

          8) Grievance of the complainant is that, after the maturity of F.D. amount and inspite of the demands made by the complainant to the OP, but the OP has failed to refund the maturity value. The complainant has contended that, he has requested to the OP return the said F.D. amount alongwith the maturity value. But, the OP is postponing the same by assigning one or other reasons. The complainant further contended that, it is obligatory on the part of OP to refund the said F.D. amount, but OP is failed to refund the same and thereby OP has 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 not approached the society and allegations made are false and baseless. The OP at para No.4 of the objection has admitted the remittance of the deposit and contended that, the complainant has never approached the Souharda Sahakari with the maturity claim and thereby the complainant has not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainant is not entitle for the interest as agreed and prayed to dismiss the complaint. In order to establish this  contention the OP mere filed the affidavit evidence and not furnished any material documents to accept the contention  contended in written version or to hold that, there is no any deficiency as alleged by the complainant. Therefore, in our consider view that, the contention of the OP has no merit at all and it is not acceptable for the reason that, OP has no substantiate as alleged in the version and affidavit evidence. Therefore, in our consider view that, nor refunding the maturity F.D. amount is amounts to deficiency of service on the part of OP.

 

10) The complainant has established his case in respect of  deficiency of service on the part of the OP 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 OP. Hence, the said matured F.D. amount of Rs.1,00,000/- payable to the complainant by the OP bank is proved.

 

11) No-doubt it is true that, the conduct of OP in not paying the matured F.D. amount, even after service of legal notice which is already marked as Ex.P-4, certainly amounts to deficiency in service. The OP not only liable to pay the matured amount, but they 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/- with cost. 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 is hereby directed to pay a sum of Rs.1,00,000/-  towards maturity amount as per the F.D. receipt No.1749 with interest @ 8 % p.a. from the date of maturity i.e. 05.08.2013 till its realization.

 

          Further, the OP is hereby 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.

 

If the order is not complied within 08 weeks from the date of this order, the complainant is entitled to recover with Additional interest @1.5% p.a. from the date of complaint till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 19^th day of December 2016).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.