Karnataka

Belgaum

CC/150/2017

Mahadevo Kashinath Marathe - Complainant(s)

Versus

The Secretary, Shri Mauneshwar Urban Credit Co-Op Society Ltd - Opp.Party(s)

17 Jul 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 17 July 2017

 

Complaint Nos. 150/2017

 

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

                        2) Smt.Sunita                            Member

-***-

Complainant/s:

                              Mahadeo Kashinath Marathe,       

Age: 68 years,  

                              R/o. A-804, Aishwaryam Venture, Akurdi,

Dist.Pune 411019.

                            

(In person)

 

                                                          V/s.

Opponent/s:

 

                    1)      The Secretary,

Shree Mauneshwar Urban Credit Co-op.

Society Ltd., Near Kulgod Hospital,

Ramdurg, Dist. Belagavi.

 

                   2)      The President/ Chairman,

Shree Mauneshwar Urban Credit Co-op.

Society Ltd., Near Kulgod Hospital,

Ramdurg, Dist. Belagavi.

 

 

(OPs are Exparte)

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

 

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.Rs amount.

          2) Inspite of service of notice OPs remained absent. Hence, placed ex-parte.

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

          4) We have heard the argument of the complainant 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.Ps. 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 was Secretary of the OP society and he had invested his money of in OP society as detailed below:

Sl. No.	F.D.R.No.	Amount Deposited	Date of Deposits	Maturity Date	Maturity Amount/ claimed
1	2	3	4	5	6
1	288	14,000	30.03.11	29.09.11	14,788
2	289	15,000	30.03.11	29.03.12	16,688
3	290	14,000	30.03.11	29.09.12	16,363
4	291	15,000	30.03.11	29.03.13	18,375
5	292	14,000	30.03.11	29.09.13	17,938
6	295	23,600	29.04.12	29.10.12	11.25% on Rs.23,600

 

On 28.05.2013 complainant resigned the post of Secretary and  handed over charge to Mr.V.M.Cholachgud, President of the society. Thereafter after the date of maturity complainant approached OP society and requested to pay his matured FDRs amount with interest, but the OPs postponed the same on one or other reasons. Lastly on 14.04.2017 complainant got issued legal notice to OPs, but the OPs have not complied the said legal notice. Hence opponent committed deficiency in service as contemplated under the provision of the consumer protection act 1986. Therefore the complainant is constrained to file this complaint against OPs.

8)      On perusal documents F.D.Rs produced by the complainant F.D.Rs are standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.Rs the opponents have not paid F.D.Rs 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 OPs 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.

      9) 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.

       10) Accordingly the following  

 

:ORDER:

          The complaint is partly allowed.

          The Opponents.1 and 2  as shown in the cause title are hereby jointly and severally directed and liable to pay the complainant as ordered below.

 

Sl. No.	F.D.R.No.	Amount Deposited	Date of Deposits	Maturity Date	Maturity Amount/ claimed
1	2	3	4	5	6
1	288	14,000	30.03.11	29.09.11	14,788
2	289	15,000	30.03.11	29.03.12	16,688
3	290	14,000	30.03.11	29.09.12	16,363
4	291	15,000	30.03.11	29.03.13	18,375
5	292	14,000	30.03.11	29.09.13	17,938
6	295	23,600	29.04.12	29.10.12	11.25% on Rs.23,600

         

The FDRs at sl.no.1 to 5’s maturity value i.e. as mentioned in column.6 with future interest @9% P.A. from the date of maturity till realization of the entire amount.

The FDR at sl.no.6 with interest @11.25% on Rs.23,600/- from 29.04.12 to 29.10.12 along with future interest @9% P.A. from the date of maturity till realization of the entire amount.

          Further, the Opponents.1 and 2 as shown in the cause title are hereby jointly and severally directed and liable to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.

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: 17July 2017)

 

 

 

MSR