Karnataka

Belgaum

CC/134/2015

Vishakha U Magennavar - Complainant(s)

Versus

Vasu A Raibagi Director Of Shree Aashraya Sou Cr Scty Ltd - Opp.Party(s)

D G Bhat

25 Jan 2017

ORDER

                

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.No.134/2015

 

                     Date of filing: 04/03/2015

 

                                                                  Date of disposal: 25/01/2017

 

P R E S E N T :-

 

	(1)	Shri. A.G.Maldar, B.Com,LL.B. (Spl.) President.
	(2)	Smt.J.S. Kajagar, B.Sc. LLB. (Spl.)  Lady Member.

   

 

COMPLAINANT      -

Miss.Vishakha D/o Uday Magennavar, Age: 12 Years, Occ: Student, R/o: H.No.52/91, Nandi Niwas, Hulbatti Colony, Shahapur Belgaum, Since Minor Rep. by her Natural Guardian Father, Shri.Uday S/o Siddappa Magennavar, Age: 45 Years, Occ: Business, R/o: H.No.52/91, Nandi Niwas, Hulbatti Colony, Shahapur, Belgaum.                            (Rep. by Shri.D.G.Bhat, Adv.)

 

- V/S -

 

OPPOSITE PARTIES  -

1.                 2.                 3.                 4.               5.               6.                 7.               8.

Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rep. by its Director, Shri.Vasu Arjun Raibagi, Age: Major, Occ: Business, R/o: 59/1B, “Arjun Nivas”, Near K.L.S. Scchool, Tilakwadi, Belgaum.     Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rep. by its Director, Shri.Raju Shankar Shirodkar, Age: Major, Occ: Business, R/o: “Jayshankar”, Plot No.10, Opp: Mahaveer Garden, Hindwadi, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Baburao chodamani Mannolkar, Age: Major, Occ: Business, R/o: “Sai Krupa”, Plot No.B/1, Old P.B. Road, Khasbag, Belgaum.     Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Parashuram Laxman Kawale, Age: Major, Occ: Business, R/o: Pangul Galli, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri. Subhash Krishna Genji, Age: Major, Occ: Business, R/o: “Ashray Vihar, Hindu Nagar, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Ramkrishna Minaji Hadgal, Age: Major, Occ: Business, R/o: 3503, Hadgal Mansion, Narvekar Galli, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rep. by its Chairman, Shri.Shrikant Rajaram Mali, Age: Major, Occ: Business, R/o: 157/29, Bhandur Galli, Belgaum.   Shree Aashraya Souharda Credit Society Ltd., Having its Head Office at :760, Kalmath Road, Belgaum. Rept. by its Director, Shri.Badrinath Arjun Mirajkar, Age: Major, Occ: Business, R/o: “Manas Sarova” Apartment, Maratha Colony, Tilakwadi, Belgaum.        (Rep.by Sri. S.R.Sakri, Adv. for Op.No.7                      Op.No.1 to 6 and 8 Ex-parte.)

 

JUDGEMENT

 

By Shri.A.G.Maldar, President.

 

 

1.      This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Parties (in short the “Ops”) directed them to pay an amount of Rs.1,63,920/- alongwith future interest @18% with p.a. since 02.03.2015 till the date of payment and Rs.25,000/- towards Loss and Suffered and any other reliefs.

 

 2.     The facts of the case in brief are that;

 

It is case of the complainant that, the complainant has kept fixed deposits with Ops society on different dates, the details of amounts deposited as shown below:-

Sl.No.	A/C No.	Date of Deposit	Deposited Amount	Rate of Ints.	Maturity Amount receivable till date i.e. 2.3.15.
01.	5/52	03.10.11	Rs.17,000	12%	Rs.25,100/-
02.	13/52	03.10.11	Rs.17,000	12%	Rs.25,100/-
03.	16/52	05.10.11	Rs.16,000	12%	Rs.24,500/-
04.	20/52	14.10.11	Rs.20,000	12%	Rs.29,220/-
05.	27/52	21.10.11	Rs.14,000	12%	Rs.20,450/-
06.	32/52	03.11.11	Rs.11,000	12%	Rs.15,950/-
07.	81/52	15.12.11	Rs.16,500	12%	Rs.23,600/-
Total					Rs.1,63,920/-

 

The complainant had kept each of the fixed deposits for a period of one year, after the maturity the complainant has approached the OPs to refund the above said fixed deposited amounts, but Ops requested the complainant to renew the said fixed deposit and further the complainant had renewed the above said fixed deposit amounts, for another period of 1 year to the OPs society, after maturity of the same again the said fixed deposit ware renewed on 21.05.2015 for a period of 1 year to the OPs society.  

 

It is further complainant contended that, after maturity period, the complainant requested the Ops to release their F.D. amounts. But, the OPs society postponed the same by giving one or the other reasons. Hence, there is deficiency of service on the part of OPs. Hence, the complainant has constrained to file this complaint.  

 

3.      After issue of notice to the Opponents. The Op.No.7, has appeared through his Counsel and resisted the claim of the complainant by filing his written version and Op.No.1 to 6 and 8 neither appeared nor filed any version before this Forum, inspite of giving sufficient time. The Hon’ble Forum considered the OP.No.1 to 6 and 8 are placed Ex-parte.

 

The OP.No.7 contended in the written version that, the main contention of the OP is that, the complainant has not approached to the Sahakari/society and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainant is not entitle for the interest as agreed in the complaint and therefore, the OP.No.7 prayed to dismiss the complaint.

 

 5.     Both the parties have filed their affidavits in lieu of evidence in support of their case. On behalf of complainant has produced 8 documents, for shake of our convenience we have marked as
Ex.P-1 to Ex.P-8. On behalf of OP.No.7 has not filed any documents. Heard the argument of both sides.

 

Now, the following points that arise for our consideration in deciding the case are;

 

 

 

1. Whether the complainant has prove that there is deficiency in service on the part of the OPs for not settling/refunding the payment of respective F.D. amount?

 

2.  What order?

 

6.      Our findings on the above points are as fallow;

 

 

1.  Point No.1  in the Affirmative.
2.  As per final Order.

 

 

R E A S O N S :-

 

7.      Point No.1:  We have gone through the pleadings, evidence of complainant and as well as documents on records. The Ops society established with an object to help the members of the said society, the complainant has deposited the amount in F.D. Scheme on different dates as shown in the respective F.D. receipts produced before the Forum in Ops society and further the complainant had renewed the respective F.D. amount on dtated:21.05.2014 for another period of one year and the maturity amounts details as shown below:-

 

Sl.No.	A/C No.	Renewed Date of Deposit	Deposited Amount	Rate of Ints.	Maturity Date	Maturity Amount as per renewed dates.
01.	5/52	03.10.12	Rs.19040	12%	03.10.13	Rs.21,325/-
02.	13/52	03.10.12	Rs.19040	12%	03.10.13	Rs.21,325/-
03.	16/52	05.10.12	Rs.17920	12%	05.10.13	Rs.20,070/-
04.	20/52	14.10.12	Rs.22400	12%	14.10.13	Rs.25,088/-
05.	27/52	21.10.12	Rs.15680	12%	21.10.13	Rs.17,562/-
06.	32/52	03.11.12	Rs.12320	12%	03.11.13	Rs.13,798/-
07.	81/52	15.12.12	Rs.18480	12%	15.12.13	Rs.20,698/-
Total						Rs.1,39,866/-

 

the  said respective F.D. receipts produced before the Forum, which were already marked as Ex.P-1 to Ex.P-7, several times the complainant has approached the OPs and requested to refund the respective F.D. amount, but the OPs society failed to pay the respective matured F.D. amount, it amounts to deficiency of service on the part of the Ops.

 

Further, the case of the complainant that, the complainant has claiming an amount of Rs.1,63,920/- for that proposition, the complainant has not produced any cogent and material document to hold that, the complainant is entitled for Rs.1,63,920/-. Hence, in our consider view that, the complainant has not entitled the claim amount, but as per respective FD receipts, which were already marked and it reveals that, the above said respective maturity FD amounts for Rs.1,39,866/- have not been renewed,
it is evident from the document which were already marked as Ex.P-1 to Ex.P-7. Therefore, the complainant is entitled to receive the respective F.D. amount of Rs.1,39,866/- with interest @ 8% p.a. from the date of maturity till realization.

 

 

It is a duty of the OPs that, after the maturity of above said respective F.D. amounts a mandatory duty on the part of OPs to disburse or settle the respective F.D. amount by giving the make good payment which were fixed by the complainant in Ops society, but the OPs failed to pay the above said respective F.D. maturity amounts and one or the other reason dragging and alleging untenable contention is amounts to deficiency of service on the part of OPs.  We would like to refer a decision of Hon’ble Tamil Nadu State Consumer Disputes Redressal Commission, Chennai in 2010 (1) CPR 62. Wherein the Hon’ble State Commission observe that, non-refund of maturity amount of F.D. amount, amounts to deficiency of service attracting Sec.2(1) (g) of C.P. Act and further observe that, Consumer Forum have jurisdiction to entertain complaint against the Co-Operative Societies.  In the law laid down by Hon’ble Supreme Court and National Commission regarding maintainability of complaint, it is aptly applicable to this case. 

 

Therefore, the complainant is entitled to receive the respective F.D. maturity amount as per the F.D. receipts with interest @ 8 % p.a. from the date of maturity till realization.    Hence, due to non-payment of above said respective F.D. matured amount by the OPs are caused mental agony and harassment to the complainant. In our considered view that, it is just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony. Added to this we also award litigation expenses of Rs.1,000/-. Hence, we answer to Point No.2 in partly affirmative. Accordingly, we proceed to pass the following;

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

O R D E R

 

          For the reasons discussed above, the complaint filed by the complainants U/s.12 of the Consumer Protection Act, 1986 is hereby partly allowed with costs.

 

The OP.No.1 to 8 are hereby directed to pay the respective F.D. maturity amount as per the F.D. receipts with interest @ 8 % p.a. from the date of maturity till realization as  shown below;

 

Sl.No.	A/C No.	Renewed Date of Deposit	Deposited Amount	Rate of Ints.	Maturity Date	Maturity Amount as per renewed dates.
01.	5/52	03.10.12	Rs.19040	12%	03.10.13	Rs.21,325/-
02.	13/52	03.10.12	Rs.19040	12%	03.10.13	Rs.21,325/-
03.	16/52	05.10.12	Rs.17920	12%	05.10.13	Rs.20,070/-
04.	20/52	14.10.12	Rs.22400	12%	14.10.13	Rs.25,088/-
05.	27/52	21.10.12	Rs.15680	12%	21.10.13	Rs.17,562/-
06.	32/52	03.11.12	Rs.12320	12%	03.11.13	Rs.13,798/-
07.	81/52	15.12.12	Rs.18480	12%	15.12.13	Rs.20,698/-
Total						Rs.1,39,866/-

 

 

Further, the OP.No.1 to 8 are hereby directed to pay a sum of Rs.2,000/-  towards mental agony and Rs.1,000/-  being the cost of the litigation to the Complainant.

 

          The order shall be complied within 10 weeks from the date of this order, failing to which the complainant is entitled to recover additional interest @ 1.5 % p.a. from the date of complaint i.e. 04.03.2015 till its realization.

         

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this 25^th day of January, 2017).

 

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.