Karnataka

Belgaum

CC/176/2015

Subhash D Kokane - Complainant(s)

Versus

The Secretary Of Shree Vinayak Co-Op Cr Scty - Opp.Party(s)

M G Kulkarni

28 Dec 2016

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.176/2015

                     Date of filing: 19/03/2015

                                                                  Date of disposal:28/12/2016

 

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. Subhash Dattatraya Kokane, Age: 62 Years, Occ: Business, R/o: 392, Ganeshpur, Belagavi.                     (Rep. by Shri.M.G.Kulkarni, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.         2.

The Secretary, Shree Vinayak Co-op Credit Society Ltd., Parvati Niwas, RPD II Cross, Tilakwadi, Belagavi.     The Chairman, Shree Vinayak Co-op Credit Society Ltd., Parvati Niwas, RPD II Cross, Tilakwadi, Belagavi.                         (Rep. by Sri.B.R.Kapahi, Adv                                       for OP.No.1 & 2)

 

JUDGEMENT

 

By  Sri.A.G. Maldar, President.

 

 

1) 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 matured F.D. amount.

 

          2) O.Ps.No.1 & 2 appeared through his Counsel, but have not filed written version.

 

3) The complainant has filed an application u/s. 24(A) of the C.P. Act and the same has been allowed and the delay has been condoned at the stage of admission itself by this Forum on dtd:27.03.2015 as delay is condoned by allowing the I.A.-I.

 4) In support of the claim of the complaint, the complainant has filed his affidavit and certain documents including original F.D. receipt are produced. We have taken the argument as heard of both the parties.

 

5) Now the point for our consideration is that;

 

1.  Whether the complainant has proved that, there is deficiency in service on the part of the O.Ps. for not settling the matured F.D. amount?

 

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) By perusing the pleadings of complainant, document on record and affidavit evidence, the complainant has establish that, under FDR No. 288, Ledger Folio No.16/303 in the name of the complainant a sum of Rs.10,000/- was kept in fixed deposit with the OP society on 08/04/2010 for a period of 16 months with interest @ 12% p.a. and the same is renewed for further term of 16 months from 10.08.2011 and maturity date was 08/12/2012 and the Maturity value was Rs.11,600/-.

 

8) Grievance of the complainant is that, after completion of maturity period of F.D. amount and inspite of the demands made by the complainant, the OPs did not paid the said amount and the said amount unpaid. The complainant has contended that, he has requested to the OPs return the said F.D. amount alongwith the maturity value. But, the OPs were not ready to disburse the said amount and once again insisted for another 06 months i.e. up to 08.06.2013 and they will pay the amounts with further interest for said period of six months. Even-after lapse of again six months from the date of maturity of said F.D. amount the complainant has once again approached the OP society. But, the OPs are postponing the same by assigning one or other reasons without any valid reason. More ever, the OPs neither contested the case nor filed any objection. So, in our consider view, the contention of the complainant is accepted. So, the complainant has established his case in respect of deficiency of service on the part of the OPs 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, it is further case of the complainant, after maturity to the F.D. amount, the OP insisted to the complainant to extended the F.D. amount, the said F.D. amount further 6 months, for that contention the complainant has neither produced any material document nor filed support affidavit evidence to accept the contention of complainant as alleged in the complaint. Hence, the complainant is entitled the said matured F.D. amount of Rs.11,600/-.

 

09) No-doubt it is true that, the attitude and conduct of the OPs, crystal clear that, OPs intention in not paying the matured amount, even after service of legal notice which is marked as Ex.P-2, certainly the said act of the OPs it amounts to deficiency in service. The OPs not only liable to pay the matured amount, but they are 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 would be just and proper to award a compensation of Rs.2,000/- towards inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/-. 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.No.1 & 2 jointly and severally are directed to pay a sum of Rs.11,600/- towards maturity amount as per the F.D. receipts with interest @ 8 % p.a. from the date of maturity i.e. 08.12.2012 till its realization.

 

          Further, the OP.No.1 & 2 jointly and severally are 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 i.e. 19.03.2015 till its realization.

           

(Order dictated, corrected and then pronounced in the open Forum on: 28^th day of December 2016).

   

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.