(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., amount lying in Saving account and Pigmy account.
2) In-spite service of notice, 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 original F.D.R., Saving account passbook and pigmy passbook. 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.31,000/- under F.D. receipt No.874 for a period of one year from 4/4/2010 to 4/4/2011 and the maturity amount is Rs.34,100/- and opened pigmy account collections of Rs.300/- per day from 5/8/2010 under pigmy passbook No.18. The balance in pigmy passbook is Rs.57,500/-. The complainant kept the amount of Rs.54,200/- under Saving Account passbook No.1102 in 20/8/2011. After maturity of the said amount, the complainant approached the society and requested to return the maturity F.D.R. and also pigmy amount and saving account balance to solve the financial problems. But the opponents postpone the same one or other reasons.
7) The complainant further submitted that, the complainant has given number of representation to the Deputy Joint Director Co-Op. Department under letter No.DRL/E/QPP/CR-17-12-13 dt.31/05/2012 and also to the Assistant Deputy Co-Op. Department under letter No. AR-9/PTN/13-7-2012 and also filed Criminal Complaint before the CPI Rural Police Station, Belgaum, and also personally approached the society. But the Op’s have not paid the amount till today. Hence complainant constrained to file this complaint against opponent society.
8) On perusal documents F.D.R., Passbook and Pigmy book produced by the complainant. The complainant deposited Rs.31,000/- under receipt No.814 for a period of one year from 4/4/2010 to 4/4/2011 and the maturity amount is Rs.34,100/- and started pigmy collections of Rs.300/- per day from 5/8/2010 under pigmy passbook No.18. The balance in pigmy passbook is Rs. 57,200/-. The complainant kept the amount of Rs.54,200/- under saving account passbook No.1102 dated 22/9/2011. These all are standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.R. the opponents have not paid F.D.R. amount, balance S.B. amount and pigmy amount. Hence, the claim of the complainant that in-spite of the demands made the amount remained unpaid, has to be believed and accepted. The O.Ps. in this case have remained ex-parte and inspite of service of the notices have not appeared. It is well settled legal position that nonpayment 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. have been proved.
ORDER
The complaint is partly allowed.
The O.Ps. represented by Secretary and Chairman are hereby directed and liable to pay a sum of Rs.34,100/- under F.D.R.No.874 for the A/c. No.814 with future interest at the rate of 8% P.A. from 5/4/2011 till realization of entire amount to the complainant.
And also the O.Ps. represented by Secretary and Chairman are hereby directed and liable to pay amount lying in S.B. Account No.1102 amount of Rs.54,200/- with 4% of interest from 22/9/2011 till realization of entire amount and also further Pigmy account No. 18 an amount of Rs.57,500/- at the rate of interest 4% from 18/3/2011 till realization of entire amount to the complainant.
Further the O.Ps. are hereby directed and liable to pay sum of Rs.3,000/- 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: 16th day of May 2016)
Member Member President.
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