IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 5^th day of August 2016

Complaint No.179/2016

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

                        2) Shri. V.S. Gotakhindi             Member

                        3) Smt. Sunita                           Member

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Complainant:      Shri. Prasad Pramod Deshpande,

                             Age:28 years, Occ: ,

                             R/o: Plot No.19, Sector No.X,

          Anjaneya Nagar, Belagavi.

(By Sri. S.M. Gavade, Advocate).

V/s.

Opponents:1)      The Secretary,

                             The Belgaum Postal & R.M.S. Dn. Co-Operative Credit Society Ltd,    

Opposite: Head Post Office, Camp, Belagavi.

2)      The Chairman,

                             The Belgaum Postal & R.M.S. Dn. Co-Operative Credit Society Ltd.,

Opposite: Head Post Office, Camp-Belagavi.

 (O.Ps. are placed ex-parte,)

 (Order dictated by Smt. Sunita, Member)

ORDER

          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 amount of the matured F.D.R.

          2) In-spite service of notices, O.Ps. have remained absent. Hence placed ex-parte.

          3) In support of the claim made in the complaint, the complainant has filed his affidavit and produced original F.D.R. We have heard the arguments and perused the records.

          4) 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?

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

REASONS

          6) On perusal contents of the complaint and affidavit filed by the complainant. The complainant deposited Rs.1,50,000/- on 22/7/2013 under F.D.R.A/c. No. 309 and Receipt No. 1189 and which was matured on 21/7/2014 with agreed rate of interest 10.20% p.a. After maturity of the said amount the complainant approached the society and requested to return the maturity F.D.R. amount. But the opponents postpone the same one or other reasons. The complainant further states that when the complainant approached the opponent society the secretary assured that the amount would be remitted on maturity and because of elections the society is not authorized to withdraw the amount and hereby issued acknowledgement on letter and head and paid interest till 31/3/2015. The complainant further states that when the new board was established, the complainant approached the new governing body on 12/5/2015 but till this day the opponents have failed to pay the matured amount of F.D.R.  Hence complainant constrained to file this complaint against opponent society.

7) Lastly fed up with the opponents behavior he has issued legal notice through his advocate on 30/10/2015 calling upon the opponents for the immediate release of F.D.R. amount with interest, but they failed to make payment as mentioned above within the stipulated period till today. Thus opponents caused deficiency of service on the part of the opponents .

8) On perusal documents F.D.R. produced by the complainant he had deposited a sum of Rs.1,50,000/- on 22/7/2013 under F.D.R. A/c. No. 309 and Receipt No. 1189 which was matured on 21/7/2014 with agreed rate of interest 10.20% p.a. The F.D.R. is standing in the name of the complainant. On perusal evidence affidavit of the complainant, after maturity of F.D.R. the opponents have not paid F.D.R. 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. The complainant in his affidavit has stated that he has received the interest on F.D.R. upto 31/3/2015. Hence it is well settled legal position that non payment of the amount deposited, amounts to deficiency in service.

9) 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.

          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.

ORDER

          The complaint is partly allowed.

          The O.Ps. are hereby directed and liable to pay a sum of Rs.1,50,000/- under F.D.R. A/c. No.309 and Receipt No.1189 with future interest at the rate of 8% P.A. from 1/4/2015 till realization of entire amount to the complainant.

          Further the O.Ps. are hereby directed and liable to pay sum of Rs.3,000/- to the complainant towards costs of the proceedings.

          Order shall be complied 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 complainant from the date of disobedience of order, till the order is complied.

(Order dictated, corrected and then pronounced in the open Forum on: 5^th day of August 2016)

              Member                 Member            President.