Karnataka

Belgaum

CC/571/2015

Vijay D Angolkar - Complainant(s)

Versus

Vinayak G Asukar. The Secretary Shree Aashraya Sou Cr Scty Ltd. - Opp.Party(s)

S P Kulkarni

24 Apr 2017

ORDER

ADDITIONAL  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI

C.C.Nos.571, 573, 574/2015

576 & 577/2015

                     Date of filing: 25/11/2015

                                                                          Date of disposal: 24/04/2017

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.
COMPLAINANTS      -	1.     2.   3.       4.     5.     6.     7.     8.		Shri. Vijay S/o Devappa Angolkar, Age : 54 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.                                      (In C.C.No.571/2015)   Shri. Vijay S/o Devappa Angolkar, Age : 54 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.   Miss. Pooja D/o Vijay Angolkar, Now on Marriage, Smt. Pooja W/o Amit Jakkannavar,   Age : 28 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.                                          (In C.C.No.573/2015)   Shri. Vijay S/o Devappa Angolkar, Age : 54 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.     Smt. Vanita W/o Vijay Angolkar,   Age : 50 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.                                      (In C.C.No.574/2015)   Shri. Vijay S/o Devappa Angolkar, Age : 54 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.                                      (In C.C.No.576/2015)   Smt. Vanita W/o Vijay Angolkar,   Age : 50 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.     Miss. Pooja D/o Vijay Angolkar, Now on Marriage, Smt. Pooja W/o Amit Jakkannavar,   Age : 28 Years, Occ : Business, R/o : H.No.1385/1, Baswan Galli, Belgavi.                                     (In C.C.No.577/2015)   (Rep. by Sri. S.P.Kulkarni, Adv.)

 

- V/S –

 

OPPOSITE PARTIES  -

1.       2.       3.       4.     5.       6.     7.     8.       9.     10.

Shree Aashraya Souharda Credit Society Ltd., C.T.S. 11 Ashray Empire, RPD Cross, Tilakwadi, Belagavi. (Rep. by its Branch Manager,   Shri. Shrikant Mali, Age: Major, Occ: Chairman of Shree Aashraya Souhard Credit Society Ltd., R/o : H.No.157/29, Parwati Niwas, Bhandur Galli, Belagavi.   Shri. Subhash Krishna Genji, Age : Major Occ: Vice Chairman of Shree Aashraya Souhard Credit Society Ltd., R/o. Flat No.T-6, 3rd Floor, Aashraya Vihar, CTS No.630, Hindu Nagar, Tilakwadi, Belagavi.   The Branch Manager, Shree Aashraya Souharda Credit Society Ltd., Tilakwadi Branch, C.T.S. 11 Ashray Empire, RPD Cross, Tilakwadi, Belagavi.   Shri. Ramkrishna Hadgal, Age : Major, Occ : Director of Shree Aashraya Souhard Credit Society Ltd., R/o. CTS No.3503/B, Hadgal Mansion, Narvekar Galli, Belagavi.   Shri. Parashram Kawale, Age : Major, Occ : Director of Shree Aashraya Souhard Credit Society Ltd., R/o. H.No. 2176, Pangul Galli, Belagavi.   Shri. Vasu Arjunsa Raibagi, Age : Major, Occ : Director of Shree Aashraya Souhard Credit Society Ltd., R/o. #59/1B, KLS School Road, Hindwadi, Belagavi. Shri. Rajendra Shankar Shirodkar, Age : Major, Occ : Director of Shree Aashraya Souhard Credit Society Ltd., R/o. Plot No.200/38, Opp: Mahaveer Garden, Hindwadi,Belagavi.     Shri. Badrinath Arjunsa Mirajkar, Age : Major Occ : Director of Shree Aashraya Souhard Credit Society Ltd., R/o. Flat No.G-2, Manas Sarovar Apartment, Maratha Colony, Belagavi.     Shri. Bhaurao Mannolkar, Age : Major, Occ : Director of Shree Aashraya Souhard Credit Society Ltd., R/o. Plot No.B-1, Joshi Mala, Khasbag, Belagavi.              (O.Ps. are same in compt. Nos.571, 573,                                   574, 576 & 577/2015).                                       (O.Ps. 1, 2 and 4 by Sri. S.R.Sakri, Adv. and O.Ps.3,5 to 10 are placed ex-parte)

 

By Shri. A.G. Maldar, President

 

 

COMMON JUDGEMENT

            1. Though the complainants are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainants. The complainants belong to one family in some cases. In all the cases the opponents are same, as shown in the cause title. Hence for convenience all the cases are disposed of by the common order.

          2. Since there are 5 cases and same number complainants are there having different addresses and particulars of their deposits being different, for brevity and also for clarity and to avoid confusion, names of the parties of the particular case only will be shown in the cause title and the details of the deposits will be shown separately in the annexure.

          3) The relevant facts of the cases are that the respective complainants have filed the complaints U/s. 12 of the Consumer Protection Act 1986 against the OPs. alleging deficiency in banking service of non refund of the matured fixed deposits amount.

          4) After issue of notice to the Ops, the Op.No.1, 2 and 4 have appeared through their Counsel and resisted the claim of the complainants by filing their written version and OP.No.3, 5 to 10  have neither appeared nor filed any version. Hence, the Hon’ble Forum considered the OP.No.3, 5 to 10 are placed Ex-parte and Op.No.1, 2 and 4 denied the all allegation except deposit etc., and deficiency in service and contended that, there is no cause of action and alleged that, the complainants have not approached the OP society and allegations made are baseless.

5) Both the parties have filed their affidavits in lieu of evidence in support of their case. The complainants have produced 02 documents i.e. Original F.D. receipts and List of Board Members, which are marked as Ex.P-1 & Ex.P-2. On the contrary the Ops.No.1, 2 and 4 have produced one document i.e. Statement of Accounts, which is marked as Ex.R-1, for sake of our conveniences, we have marked P & R series. Heard the argument of both sides.

 

6) Now, the following points that arise for our consideration in deciding the cases are;

 

1. Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling/refunding the F.Ds. amount?

 

2. What order?

 

          7) Our finding on the points are as follows;

 

1.      Affirmative.

          2.      As per final Order.

 R E A S O N S

8) On the perusal contents of the complaints and affidavit filed by the complainants, the complainants have stated that, for the future maintenance, they have deposited the amount in the opponents Souhard Society in the form of fixed deposits in Masik Vetan Yojane. The fixed deposits made by the complainants are as under:

Compt.No.571/2015

Sl. No.	A/C No.	Date of Dep.	Period	R.O.I.	Amount Deposited	Date of Maturity
01.	391/35	01.12.12	48 Months	10.8 %	50,000/-	01.12.14
02.	390/35	01.12.12	48 Months	10.8 %	50,000/-	01.12.14

 

Compt.No.573/2015

Sl. No.	A/C No.	Date of Dep.	Period	R.O.I.	Amount Deposited	Date of Maturity
01.	365/35	10.10.10	48 Months	10.8 %	1,00,000/-	10.10.14

 

Compt.No.574/2015

Sl. No.	A/C No.	Date of Dep.	Period	R.O.I.	Amount Deposited	Date of Maturity
01.	379/35	10.10.10	48 Months	10.8 %	1,00,000/-	10.10.14
02.	380/35	10.10.10	48 Months	10.8 %	1,00,000/-	10.10.14
03.	381/35	10.10.10	48 Months	10.8 %	1,00,000/-	10.10.14

Compt.No.576/2015

Sl. No.	A/C No.	Date of Dep.	Period	R.O.I.	Amount Deposited	Date of Maturity
01.	29	03.04.07 and renewed 03.04.11	48 Months	10.8 %	50,000/-	03.04.11 and renewed    03.04.15
02.	30	03.04.07 and renewed 03.04.11	48 Months	10.8 %	50,000/-	03.04.11 and renewed 03.04.15

 

Compt.No.577/2015

Sl. No.	A/C No.	Date of Dep.	Period	R.O.I.	Amount Deposited	Date of Maturity
01.	18	05.01.11	48 Months	10.8 %	1,00,000/-	05.01.15

 

          9) Grievance of the complainants are that, after the maturity of F.Ds. amount and inspite of the demands made, the maturity value remained unpaid and further the complainant have received/withdrawn the interest portion of the respective F.Ds. amount and presently, the complainants in their complaints have contended that, they have requested to the OPs return/refund the above said maturity amount only alongwith interest of post maturity value. But, the Ops are postponing the same by assigning one or other reasons, without valid reason. The complainants further contended that, it is obligatory on the part of OPs to refund the above said maturity F.Ds. amount, but Ops are failed to refund the same and thereby OPs have committed the deficiency of service as contemplated under the provision of C.P. Act 1986.

 

          8) The OP.No.1, 2 and 4 contended in the written version and denied the deficiency in service and contend that, there is no cause of action and alleged that, the complainants have not approached the society and allegations made are false and baseless.

 

9) The OP.No.1, 2 and 4 at para No.7 of the written version has admitted the remittance of the deposits and interest are already credited to the savings deposit account and further contended that, the complainants have never approached the Souharda Sahakari with the maturity claims and not furnished the KYC norms as required under law to claim the benefits under the I.T. Deductions and the complainants are not entitle for the interest as agreed and prayed to dismiss the complaints. In order to establish this contention, the OP.No.1, 2 and 4 have not filed supporting affidavit evidence and not furnished any material documents to accept the contention contended in written version. Therefore, in our consider view that, the OP.No.1, 2 and 4 have failed to establish as alleged in the written version.

10) The complainants have established their case in respect of deficiency of service on the part of the OPs by filing the supporting affidavit evidence and material documents i.e. the original F.D. receipts is on record, the said documents have been marked as Ex.P-1, for sake of our convenience. These facts pleaded in the complaints and stated by the complainants are not disputed or denied by the OP.No.1, 2 and 4. Hence, the said respective matured F.Ds. amount only payable to the complainants by the OP.No.1, 2 and 4 including the other opponents are liable to answer of the claim of the complainants are proved.

11) No-doubt it is true that, the conduct of OPs in not paying the matured amount, it amounts to deficiency in service on the part of the OPs. The OPs are directed to pay the respective F.Ds. amount i.e. Masik Vetan Yojana as per F.Ds receipt, if the Ops have not paid the interest as per agreed rate of interest to the complainants, the Ops have to pay interest from the date of deposit till maturity. However, the complainants are also entitled to recover the interest
@ 6 % p.a. on the respective matured F.Ds. amount from the date of maturity till realization. It would be just and proper to award a compensation of Rs.2,000/- for inconvenience and mental agony and we also award towards litigation expenses of Rs.1,000/- each of the complainant. Accordingly, we answer to the above point No 1 in affirmative.  Hence, we proceed to pass the following.

 O R D E R

           

For the reason discuss above, the complaints filed by the complainants U/s 12 of the C.P. Act – 1986 in Complaint Nos.571/2015, 573/2015, 574/2015, 576/2015 and 577/2015 are here by partly allowed with costs.

          The OP.No.1 to 10 jointly and severally are hereby directed to pay the respective F.Ds. amount i.e. Masik Vetan Yojana as per F.Ds receipt to the complainants, if the Ops have not paid the interest as per agreed rate of interest to the complainants, the Ops have to pay interest from the date of deposit till maturity and further the complainants are also entitled to recover the interest @ 6 % p.a. on the respective matured F.Ds. amount from the date of maturity till realization.

          Further, the OP.No.1 to 10 are jointly and severally are directed to pay a sum of Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of the proceedings each complainant.

          The order shall be complied within 10 weeks from the date of this order.

If the order is not complied within 10 weeks from the date of this order, the complainants are entitled to recover with Additional interest @1.5% p.a. from the date of complaint i.e. 25.11.2015 till its realization.

The original order shall be kept in complaint No.571/2015 and the true copy in other clubbed cases.

 

           (Order dictated, corrected and then pronounced in the open Forum on: 24^th day of April 2017).

   

Sri. A.G.Maldar,     President.

Smt. J.S. Kajagar,    Lady Member.