Karnataka

Belgaum

CC/515/2015

Subhash N Shah - Complainant(s)

Versus

The Secretary, Nipanibhag Co-Op Cr Scty Ltd - Opp.Party(s)

S.R.Sakri

05 Apr 2016

ORDER

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

: ORDER :

          I. The complainant/s are different in all the cases, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainant/s. In all the cases the O.P. society is same, represented by Chairman, Vice Chairman, Secretary and directors. Hence for convenience all the cases are disposed of by the common order.

          II. Since there are 5 cases and same number complainant/s are there having same addresses and particulars of their deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular cases.

          III. The parties will be referred to as complainant/s, and opponents instead of serial number, as in all cases their numbers are same.

          1) The relevant facts of the cases are that the respective complainants have filed the complaints u/s. 12 of the Consumer Protection Act 1986 against the O.Ps. alleging deficiency in banking service of non refund of the fixed deposits/deposit.

          2) Notices were issued against Opponents, said notices were served on opponents. Inspite of service of notice O.Ps. remained absent. Hence they have placed ex-parte.

          3) In support of the claim of the complainant/s, the complainant/s have filed their affidavit by way of evidence and original F.D.Rs. are produced by the complainant/s.

          4) We have heard the arguments of complainant/s advocate and perused the records.

          5) Now the point for our consideration is that whether the complainant/s have 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) The complainant/s filed their affidavit by way of evidence and they have stated in their affidavit that, for the future maintenance and to solve the domestic and financial problem they were very much interested to invest their saved money in fixed deposits scheme and to get better interest, the complainant/s have approached the opponents society and they have invested their saved money in the said fixed deposits with the opponents as detailed under;

SL. No.	Complaint No.	FDR Nos.	Amounts Deposited	Date of Deposit	Period of Maturity	Interest
1	2	3	4	5	7	8
1	515/2015	4373	15,615	26/6/2015	46 days & above	12.5%
		4386	50,000	10/7/2015	46 days & above	13%
		4387	50,000	10/7/2015	46 days & above	13%
		4388	50,000	10/7/2015	46 days & above	13%
		4389	20,000	10/7/2015	46 days & above	13%
2	516/2015	4339	50,000	31/10/2014	46 days & above	12.5%
		4340	51,388	31/10/2014	46 days & above	12.5%
3	517/2015	4267	11,300	9/1/2014	46 days & above	12.%
		4276	21,457	29/3/2014	46 days & above	12.5%
		4343	6,778	22/12/2014	46 days & above	12.%
		4368	10,641	24/3/2015	46 days & above	12.5%
4	518/2015	4242	50,000	18/5/2013	46 days & above	11.25%
		4243	50,000	18/5/2013	46 days & above	11.25%
		4244	50,000	18/5/2013	46 days & above	11.25%
		4245	50,000	18/5/2013	46 days & above	11.25%
		4246	50,000	18/5/2013	46 days & above	11.25%
5	534/2015	4271	25,000	9/1/2014	46 days & above	12.5%
		4272	25,000	9/1/2014	46 days & above	12.5%
		4373	25,000	9/1/2014	46 days & above	12.5%
		4374	25,000	9/1/2014	46 days & above	12.5%
		4378	25,000	29/3/2014	46 days & above	12.5%

 

8) The complainant/s further stated that after the maturity of the said F.D.Rs. and to solve the domestic financial problems complainant/s approached the opponents society personally and requested for release of the said fixed deposits matured amount with interest, but the opponents are postponing the same on one or the other reasons and they failed to make payment as mentioned above within the stipulated period till today. The complainant/s in their affidavit at para No.2 states that they had been receiving the interest against the said some deposits, but unfortunately the said interest and the deposits were not refunded by the opponents. Thus opponents caused deficiency of service and due to the deficiency on the part of the opponents their financial problems are not solved within time. Hence complainant/s constrained to file these complaint/s before these forum.

          9) On perusal of documents produced by the complainant/s  and F.D. Receipts which are standing in the name of complainant/s and having deposited amount in the O.P. society, in-spite of maturity the opponents have not paid the maturity amount and O.Ps. failed to pay F.D.Rs. amount after maturity period. On perusal of the F.D.Rs., on hind side of some F.D.Rs. we noticed that in the interest column the amount is mentioned and the dates under the particular columns are shown. The contention of the complainant that even mentioning of interest on the hind side of the F.D.Rs., but they have not received the same as to be believed and accepted. The O.Ps. after service of the notice, failed to appear before the forum and failed to pay maturity amount and hence there is deficiency in service on the part of the opponents. On perusal contents of the affidavit and documents produced by the complainant/s, the complainant/s have proved deficiency in service on part of opponents.

          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.

          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) Accordingly, following order.

: ORDER :

          The complaints are partly allowed.

The O.Ps. represented by the Chairman, Vice Chairman, Secretary and Directors jointly and severally are hereby directed and liable to pay to the complainant/s as ordered below;

SL. No.	Complaint No.	FDR Nos.	Amounts Deposited	Date of Deposit	Period of Maturity	Interest
1	2	3	4	5	7	8
1	515/2015	4373	15,615	26/6/2015	46 days & above	12.5%
		4386	50,000	10/7/2015	46 days & above	13%
		4387	50,000	10/7/2015	46 days & above	13%
		4388	50,000	10/7/2015	46 days & above	13%
		4389	20,000	10/7/2015	46 days & above	13%
2	516/2015	4339	50,000	31/10/2014	46 days & above	12.5%
		4340	51,388	31/10/2014	46 days & above	12.5%
3	517/2015	4267	11,300	9/1/2014	46 days & above	12.%
		4276	21,457	29/3/2014	46 days & above	12.5%
		4343	6,778	22/12/2014	46 days & above	12.%
		4368	10,641	24/3/2015	46 days & above	12.5%
4	518/2015	4242	50,000	18/5/2013	46 days & above	11.25%
		4243	50,000	18/5/2013	46 days & above	11.25%
		4244	50,000	18/5/2013	46 days & above	11.25%
		4245	50,000	18/5/2013	46 days & above	11.25%
		4246	50,000	18/5/2013	46 days & above	11.25%
5	534/2015	4271	25,000	9/1/2014	46 days & above	12.5%
		4272	25,000	9/1/2014	46 days & above	12.5%
		4373	25,000	9/1/2014	46 days & above	12.5%
		4374	25,000	9/1/2014	46 days & above	12.5%
		4378	25,000	29/3/2014	46 days & above	12.5%

 

The amount deposited as mentioned in column No.4 with agreed rate of interest as mentioned column No.8 up to 46 days from the dates mentioned in column No.5 respectively and with future interest at the rate of 9% after completion of 46 days till realization of the entire F.D.Rs. amount.

          The O.Ps. represented by the Chairman, Vice Chairman, Secretary and Directors jointly and severally are hereby directed and liable to pay to the complainant/s a sum of Rs.2,000/- each towards costs of the proceedings.

          Order shall be complied within one month 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/s from the date of disobedience of order, till the order is complied.

The original order shall be kept in complaint No.515/2015 and the true copy in other clubbed cases.

          (Order dictated, corrected & then pronounced in the Open Forum on this 5^th day of April 2016)

          Member                    Member                    President

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