Karnataka

Belgaum

CC/605/2015

Uday G Mahindrakar - Complainant(s)

Versus

The secretary. The Belgaum Postal And RMS Dn. Co-Op Cr Scty Ltd - Opp.Party(s)

S M Gavade

29 Mar 2016

ORDER

 (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.Rs.

          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’s.  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.2,00,000/- each on 8/3/2010 and 7/5/2010 under F.D.R. A/c. No.306/1186 and 356/1010 respectively which were matured on 7/3/2011 and 7/5/2011 respectively with agreed rate of interest 10% p.a. After maturity of the said amount the complainant approached the society and requested to return the maturity F.D.R’s. amount to solve the financial problems. But the opponents postpone the same one or other reasons. Thereafter the complainant approached the opponent society to refund F.D.R’s. amount with interest. Thus opponents caused deficiency of service on the part of the opponents. The complainant alleges that the opponents have paid interest upto 31/3/2015 to the complainant and thereafter the opponents have failed to pay the interest. Hence complainant constrained to file this complaint against opponent society.

 

8) On perusal documents F.D.R. produced by the complainant he had deposited a sum of Rs.2,00,000/- each on 8/3/2010 and 7/5/2010 under F.D.R. A/c. No.306 and 356 respectively which were matured on 7/3/2011 and 7/5/2011 respectively with agreed rate of interest 10% p.a. These 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 opponent have not paid F.D.R’s. maturity amount. Hence, the claim of the complainant that inspite of the demands made the amount remained unpaid, has to be believed and accepted. The complainant in his affidavit has stated that he has received the interest on F.D.R. till 31/3/2015 and also that he has prayed to allow the interest after 1/4/2015 as he has not received interest thereafter. 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.2,00,000/- each under F.D.Rs. A/c. No.306/1186 and 356/1010 with future interest at the rate of 8% P.A. from 1/4/2015 respectively  till realization of entire amount to the complainant.

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

          Above 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: 29^h day of March 2016)

                  Member                      Member            President.

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