IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI. AT: BELAGAVI.

Dated this 10^th day of August, 2016

Complaint No.191/2016

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

                        2) Smt. Sunita                           Member

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Complainant               Smt. Priya Bharama Patil,    

Age: 55yrs., Occ: Household,

                   R/o. H.No.338 Sambhaji Galli,

Belagavi.

(By Sri.L.Y.Patil, Adv.)

Vs

Opponents:

1.      The Secretary,

Shree Ashraya Souhard Credit Society Ltd.,

Ashray Empire, RPD Cross, Tilakwadi, Belagavi.

          2)      The Chairman, Shri.Shrikant R. Mali,

Age: Major, Occ: Business,

Director Shri Ashraya Souhard Credit Society Ltd.,

R/o.157/29, Bhandur Galli,

Belagavi.

          3)      The Vice Chairman, Shri.Subhash K. Genji,

Age: Major, Occ: Busines,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. Ashray Vihar Flat No.T-4, 630, Hindu Nagar,

Belagavi.

          4)      Shri. Vankatesh Arjunrao Hishobkar,

Age: Major, Occ: Busines,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. 322, “Audumbar Savali” Roy Road,

Tilakwadi-Belagavi.

          5)      Shri. Raju S. Shirodkar,

Age: Major, Occ: Busines,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. Jaishankar, Plot No.10, Opp. Mahaveer Garden,

Hindwadi- Belagavi.

          6)      Sri. Bhaurao C. Mannolkar,

Age: Major, Occ: Business,

Director, Shri.Ashraya Souhard Credit Society Ltd.,

R/o. ‘Sai Krupa’, Plot No.B/1, Old P.B. Road,

Khasbag, Belagavi.

          7)      Sri. Vasu A. Raibagi,

Age: Major, Occ: Business,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. 59/1B, ‘Arjun Niwas’, Near KLS School/Gogte College, Tilakwadi, Belagavi.

          8)      Sri. Parashuram S. Kawale, 

Age: Major, Occ: Business,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. Pangul Galli, Belagavi.

          9)      Sri. Bhaurao Khanagaokar, 

Age: Major, Occ: Business,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o.168/33, Tashildar galli, Belagavi.

          10)    Sri. Badrinath A. Mirajkar,

Age: Major, Occ: Business,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. Maratha Colony, Tilakwadi, Belagavi.

          11)    Shri. Ram Minaji Hadgal,

Age: Major, Occ: Business,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. 3503, Hadgal Mansion, Narvekar Galli,

Belagavi.

          12)    Shri. Prakash B. Porwal,

Age: Major, Occ: Business,

Director, Shri Ashraya Souhard Credit Society Ltd.,

R/o. Deshpande Galli,

Belagavi.

(O.P. No. 1 to 12 are placed ex-parte)

(Order dictated by Smt. Sunita, Member)

ORDER

          U/s.12 of the C.P. Act, complainant has filed the complaint against the O.Ps. alleging deficiency in service of non payment of the F.D.R’s. amounts.

          2) In-spite of service of notice O.P. No. 1 to 12 remained absent. Hence, placed ex-parte.

          3) In support of the claim in the complaint, complainant has filed affidavit and original F.D.R.’s are produced by the complainant.

          4) We have heard the argument of the complainant  counsel 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’s. 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) On perusal contents of the complainant and affidavit filed by the complainant. The complainant had invested her hard  money in the form of Fixed Deposit for a period of 78 months in O.P’s society detailed as under;

        8) The complainant submits that, she is in need of money for the construction of house and for the business purpose she has approached the O.P’s society on 10/12/2015 and requested to return the matured amount of F.D.R.’s. The  opponents have assured to the complainant and requested her to wait for 1 month. The complainant further submits that, after expiry of 1 month she again approached to the society and requested to release the matured amount but again the opponents went on postponing the same. Thereafter the complainant approached the society several times but the opponents postponing the same by assigning one or other reasons. Hence opponents committed deficiency in service as contemplated under the provision of the consumer protection act 1986.

        9) On perusal documents F.D.R’s. are produced by the complainant which are marked as Ex. No.1 and Ex. No. 2, the F.D.R’s. are standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.R’s. the opponents have not paid F.D.R’s. amount. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. After service of the notice the opponents failed to appear before the forum hence placed as ex-parte. Hence it is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

       10) 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.

       11) 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.

       12) Accordingly, following order.

:ORDER:

          The complaint is partly allowed.

          The Opponents shown in the cause title are hereby jointly and severely directed and liable to pay to the complainant as order below;

The matured amount as mentioned in column No.5 with future interest at the rate of 8% p.a. from the date mentioned in column No.6 till realization of the entire amount.

          Further, The Opponents shown in the cause title are hereby directed jointly and severely and liable to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.

          If the order is not complied within stipulated period, O.Ps. are hereby directed and liable to pay a sum of Rs.50/- per day to the complainant from the date of disobedience of order, till the order is complied.

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

 (Order dictated, corrected and then pronounced in the open Forum on: 10^th day of August, 2016)

                Member                          President.