Karnataka

Belgaum

CC/22/2016

Chandrakant T Savant - Complainant(s)

Versus

The Secretary Om Ganesh Cr Sou Saha Ltd - Opp.Party(s)

B J Gangai

18 Mar 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 18^th day of March 2017

 

Complaint No.22 & 23/2016

 

Present:            1) Shri. B.V.Gudli,                     President

                        2) Smt.Sunita                            Member

-***-

 

Complainant/s:  

Smt.Janabai Tukaram Savant

She is died on 09.01.2013

Her LRs are

1. Chandrakant Tukaram Savant,

Age: 50 yrs, Occ: Business,

R/o.803, Sakarwadi, Rajagirebol,

Nippani, Tq.Chikkodi, Dist. Belagavi.

 

2. Shubhangi Suryali Nalwade,

Age: 47 yrs, Occ: Household,

R/o.Hari Nagar, Nippani.

In CC/22/2016

 

Kumari Akanksha Chandrakant Savant,

Age: 13 yrs, Occ:Student,

Since minor R/by natural guardian, father

Chandrakant Tukaram Savant,

Age: 50 yrs, Occ: Business,

R/o.803, Sakarwadi, Rajagirebol,

Nippani, Tq.Chikkodi, Dist. Belagavi.

In CC/23/2016

 (By Sri. B.J.Gangai, Advocate).

 

V/s.

Opponent/s:      

 

        1)     The Secretary,

                   Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

Tal: Chikodi, Dist. Belagavi.

 

          2)      The Liquidator,

                   Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

                   C/o In the office of ARCS Chikodi,

Tal: Chikodi, Dist. Belagavi.

 

          3)      Shri. Vikasrao Vittalrao Savant,

(The Founder Chairman)

                   Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

R/o. Sakarwadi, Nipani,

Tal: Chikodi, Dist. Belagavi.

 

 

          4)      Shri. Appasaheb Dattatray Sugate,

(Founder Vice-Chairman)

                   Om Ganesh Credit Souhard Sahakari Ltd. Nipani,

R/o. Mane Plot, Nipani,

Tal: Chikodi, Dist. Belagavi.

 

(O.P.1 in person, O.P.2 by Sri.B.M.Hosalli Adv. OP.3&4 by Sri. A.F.Bhalare, Advocate)

 

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

 

 

COMMON ORDER

          I. Though the complainants are same, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainants. In all the cases the O.Ps. are same. Hence, for convenience all the cases are disposed of by the common order.

          II. Since there are 2 cases and same number of complainants 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 case only will be shown in the cause title and the details of the deposits will be shown separately in the annexure.

 

          1) The complainants have filed the complaints U/s 12 of the C.P. Act, against the OPs, alleging deficiency in service of non-payment of the amount of the matured F.D.R./s

          2) Relevant facts are that, in the complaint, it is alleged that, the deceased mother of complainant 1 and 2 in Compt.22/16 and minor guardian of complainant in Compt.23/16 have  kept the amounts in fixed deposit with the OP souhard sahakari as detailed below. 

 

Compt No.	Sl.No.	F.D. Account No.	Amount invested	Date of deposit	Date of maturity	Matured/ claimed Amt
1	2	3	4	5	6	7
22/16	1.	512	21900	27.06.02	27.06.12	1 lakh
23/16	1.	706	14700	25.08.03	25.08.18	40000

 

          3)      It is alleged that the OPs inspite of demands made, failed to refund the deposits to the complainants. Hence the complainants have issued legal notice to the OPs on 23.11.2015 calling upon OPs to make payment of the matured FDs amount with interest. The said notices were served on OPs 2 to 4, but they failed to comply the same and legal notice issued to OP.1  was returned as not claimed. The complainants have suffered mental agony. They are entitled for refund of the deposits with interest as well as compensation and cost.  

4) The 1^st O.P. Secretary in the version has stated that complaints are not maintainable as the liquidator is appointed to the said society & he has taken all the charges. The OP.1 further contended that he is a paid employee of the society appointed by board of directors. The board of directors have advanced loan to their relatives and friends and they are not ready and even not trying to recover the amount. The OP.1 has tenured his resignation and it was accepted on 12.09.2011, therefore he is in no way concern to the affairs of society. 

5) The 2^nd OP Liquidator has appeared and has filed version contending that the complaints are not maintainable as the complainants have not deposited any amount with sahakari after Liquidator taking over the charge of the said society but the deposits were received by Chairman, Vice Chairman and Board of Directors and Secretary. The complainants have not complied KYC norms. The administrative officer of the society has accepted the resignation of the secretary which is against to law. The Liquidator is not having entire details of the deposits. The government has passed that during drought the farmers have taken loan from the bank they are not able to refund so they have given them 6 months time. Therefore prays to pass the low interest.   This OP after taking charge is making payment of amount to the court cases and is also making efforts to collect the amounts. Hence there is no deficiency of service on the part of this OP. The founder chairman of the society and secretary have absconded and as per the order of this forum 15 months they are in Hindalga Jail. Hence prays for dismissal of the complaints.

          6) In support of the claim made in the complaints the respective complainants have filed their affidavits and produced certain documents including original F.D.Rs. On the other hand, O.Ps1 and 2 have filed their affidavits and produced some documents. Inspite of giving sufficient opportunities OP.3&4 have not filed their objections and evidence.

 

          7) We have heard the arguments of the learned counsel for the complainants and the O.Ps.  Also we have perused the entire records.

 

          8) Now the point for our consideration is that whether the complainants have proved deficiency in service on the part of the O.Ps. and entitled to the reliefs sought?

 

          9) Our finding on the point is partly in affirmative, for the following reasons.

:: R E A S O N S ::

 

          10) On perusal of contents of complaint and affidavit filed by complainants they have claimed that they have kept FDRs in the OPs society, on maturity the amount has not been refunded with interest and there is deficiency of service For convenience, as noted at the beginning of the judgment, the details of the deposits are mentioned in the annexure to the judgment.

 

11) The deposit shown in the annexure is supported by the F.D.Rs. Though some of the O.Ps. have pleaded ignorance, considering the documents of the O.P. Co.Operative which are not disputed, the deposits are duly proved by the respective complainants.

 

          12) The complainants claim that after maturity of the F.D.Rs. inspite of demands made the amount has not been refunded. It is not in dispute that all the deposits have been matured much prior to filing of the complaints. Though the O.Ps. contend that there is no cause of action for the complaints or that there is no deficiency in service, admittedly, the amount in question has not been paid to the complainants by any of the O.Ps. It is well settled legal position that non payment of the fixed deposit to the depositors after maturity, amounts to deficiency in service.

 

13)    The OP-1 has contended that he has resigned from the secretaryship of the OP souhard and hence not liable to pay the amount and also he was a paid employee. But the OP.1 has not produced any cogent evidence to prove that his resignation has been accepted.

 

14) In Comp.23/16 the complainant has pleaded that deposited amount is Rs.14700/- deposited on 25.08.2003 and matured amount is Rs.40000/- to be matured on 25.08.2018. But on perusal of FDR the maturity amount is Rs.1 lakh. In the prayer column also the complainant has prayed for refund of Rs.40000/- with interest. According to the guidelines of Reserve Bank of India if the depositor who have deposited in form of F.Ds. and claiming pre-matured F.D.Rs. amount, according to R.B.I. in agreed rate of interest on the F.D.Rs. bank/Societies/Financial Institution may deduct 3% from the agreed rate of interest. Considering this aspects as shown in the annexure above there are matured F.D.Rs. and also F.D.Rs. claim by the complainant/s are pre-matured and under pre-matured claims the opponents may deduct 3% on the agreed rate of interest under the F.D.Rs. and liable to pay the interest after deduct. 

 

          15) Considering the facts, discussion made here before and the conclusion arrived at, we pass the following order.

 

ORDER

          The Complaints are partly allowed.

          In Compt No.22/2016 the O.Ps.1 to 4  as shown in the cause title of the respective complaint, jointly and severally are hereby directed to pay to the complainants the matured amount described in the annexure below in respect of the FDR described in the annexure with future interest at the rate of 9% P.A. from the maturity dates mentioned in the annexure till realization of the entire amount.

In Compt.No.23/2016 the O.Ps.1 to 4 as shown in the cause title jointly and severally are hereby directed to pay the complainant the F.D.Rs. amount deposited under column No.4 of the table after deducting 3% P.A. from the agreed rate of interest on the F.D.R. from the dates mentioned in column No.5 till this date along with future interest @ 9% P.A. from today till the date of realization of entire amount.

The O.Ps.1 to 4  as shown in the cause title of the respective complaint, jointly and severally are hereby directed to pay a sum of Rs.2000/- in each case towards costs of the proceedings.

          The order shall be complied by the O.Ps. 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 complainants from the date of disobedience of order, till the order is complied.

           Original order be kept in Comp.22/2016 & its copy in Comp.23/2016.

(Order dictated, corrected and then pronounced in the open Forum on: 18^th day of March 2017).

 

     

 

     Member                                                       President.

 

ANNEXURE

Compt No.	Sl.No.	F.D. Account No.	Amount invested	Date of deposit	Date of maturity	Matured/ claimed Amt
1	2	3	4	5	6	7
22/16	1.	512	21900	27.06.02	27.06.12	1 lakh
23/16	1.	706	14700	25.08.03	25.08.18	40000

 

 

 

 

MSR