Karnataka

Belgaum

CC/825/2014

Sri. Bashirahmed R. Ramzan - Complainant(s)

Versus

The Secretary, Millat Co.Op. Credit Society - Opp.Party(s)

Sri. A.R. Angadi

18 May 2015

ORDER

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

ORDER

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

          2) The O.P. inspite of service of notice remained absent and placed exparte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.R. and Xerox copy of Passbook is 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 O.P. 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) From the evidence on record it has been proved that in F.D.R. Account No.2319 is renevad from time to time and as on 12/4/2013 the amount deposited is Rs.17,153/- was kept by the complainant in the O.P. society and the maturity date as on 6/2/2013 and the agreed interest rate was 9% P.A. and the amount lying in S.B. Account No. 1718 as on 11/11/2013 outstanding balance is Rs.19,460/-.

          8) Grievance of the complainant is that after maturity inspite of the repeated requests the maturity value and outstanding balance is Rs.19,460/- of S.B. Account was not paid. After going through the F.D. receipts we notice that previous deposit was Rs.10,000/- and same is round up and so also the dates of deposit and maturity are also round up the amount of Rs.10,000/- is renewed as Rs.11,600/- is kept from 27/2/2009 to 6/2/2011 at the rate of 12% P.A and the complainant further renewed the F.D.R. and this can be observed from the enteries made on the back side of F.D. receipts and for every six months the F.D.is renewed and lastly on 12/4/2013 the F.D. was renewed from six month the amount was deposited Rs.17,153/- at the rate of 9% and due date was 6/8/2013. Hence there is deficiency in service. These facts alleged in the complaint are stated by the complainant in the affidavit. Hence, deficiency in service is proved.

          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) Accordingly, following order.

ORDER

          The complaint is partly allowed.

          The O.P. represented by the Secretary is hereby directed to pay a sum of matured amount of Rs.17,153/- in respect of F.D.R. Account No. 2319 to the complainant with interest at the rate of 8% P.A. from 6/8/2013 till realization of the entire amount.

          The O.P. represented by the Secretary is hereby directed to pay a sum of Rs.19,460/- outstanding balance in S.B. Account No. 1718 with interest at the rate of 5% from 11/11/2013.

          Further, the O.P. represented by the Secretary is hereby directed to pay a sum of Rs.2,000/- to the complainant towards costs of the proceedings.

          The order shall be complied within 30 days from the date of the order.

If the order is not complied within stipulated period, O.P. is 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: 18^th day of May 2015)

Member                    Member                        President.

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