IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI Complaint Case No. CC/568/2017 ( Date of Filing : 03 Nov 2017 ) 1. Smt.Annapurna Kalyani R/o.1106,Bicchu galli Shahapur Tq & Dist:belagavi ...........Complainant(s) Versus 1. The Chairman Shri.Anand Balakrishna appugol The Chairman Krantiveer Sangolli Rayanna Urban Co-Op Cr Society Ltd Risaldar Galli, Belagavi ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE B.V Gudli PRESIDENT Sunita MEMBER For the Complainant: For the Opp. Party: Dated : 21 Apr 2018 Final Order / Judgement ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI C.C.No.568 & 571/2017 Date of filing 03/11/2017 Date of disposal: 08/05/2018 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/s - 1) Smt.Annapurna W/o Basavaraj Kalyani, Age: 66 Years, Occ: Household, R/o: 1106 Bichhu Galli, Shahapur, Tq: & Dist. Belgavi. (In C.C.No.568/2017) 2) Smt.Neelamma M. Hadpad, Age: 65 Years, Occ: Housewife, R/o: Kore Galli, Shahapur, Belgavi. (In C.C.No.571/2017) (Rep. by Shri.Y.M.Guttennavar, Adv.) - V/S - OPPOSITE PARTIES - 1. 2. 3. 4. The Chairman, Anand B. Appugol, The Krantiveer Sangolli Rayanna Urban Co-Op. Credit Society Ltd., Belagavi. Plot No.2, 2nd Stage, Hanuman Nagar, Belagavi. The Vice Chairman, Kallappa Kareppa Obanagol, The Krantiveer Sangolli Rayanna Urban Co-Op. Credit Society Ltd., Belagavi. R/o: Datta Nagar, Mutaga Post, Belagavi. The Secretary, S. Sharanagouda, The Krantiveer Sangolli Rayanna Urban Co-Op. Credit Society Ltd., Belagavi. R/o: H.No.4608, Bhadkal Galli, Belagavi. The Manager (Shahapur Nagar Branch), The Krantiveer Sangolli Rayanna Urban Co-Op. Credit Society Ltd., Belagavi. Risaldar Galli, Belagavi. (OP.No.1 to 4 Ex-parte.) By Sri.A.G. Maldar, President. COMMON JUDGEMENT I. Though the complainants are different, their grievances, allegations and the facts pleaded are same except the details of the deposits by the respective complainants. In these two complaints, the O.Ps. are same. Hence, for convenience these two cases are disposed off by the common order. II. Since there are 2 cases and having different addresses of complainants and Ops are same and particulars of complainants 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. 1) 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 and R.D. A/c amounts with interest. 2) Inspite of service of notice to the OPs. The O.Ps. have remained absent. Hence, placed ex-parte. 3) In support of the claim in the complaints, the complainant/s have filed their affidavits and produced original F.D. receipts, R.D. A/c passbooks, Notice copy, Acknowledgement, Postal receipt and notice returned envelop, for sake of our convenience, we have marked as Ex.P-1 to Ex.P-6. Heard the argument of complainants counsel and perused the records. 4) Now, the following points that would arise for our consideration in deciding the cases are; Whether the complainants have prove that there is deficiency in service on the part of the OPs for not settling/refunding the matured F.Ds./R.D. amount? What order? 5) Our finding on the points are as follows; 1. Partly in the Affirmative. 2. As per final Order. R E A S O N S 6) On perusal of contents of the complaints and affidavit filed by the complainants, the complainants have invested their money in OPs society as detailed below; Sl. No. Compt. No. FD/RD A/c. No. Amt. Invested Date of Invt. Date of maturity/ renewal ROI/ Maturity Amt 1 2 3 4 5 6 7 1 568/17 5250 1,00,000 04.06.16 Above 1 year 14% 2 4209 50,000 27.03.15 Above 181 days 11% 3 5251 60,000 04.06.16 Above 1 year 14% 4 4201 50,000 27.03.15 Above 181 days 11% 5 1844RD 14,004 04.07.16 04.07.17 10% 6 1895RD 13,922 18.08.16 18.08.17 10% 7 1835RD 14,004 30.06.16 30.06.17 10% 8 1846RD 8,400 04.07.16 04.07.17 10% 9 1845RD 14,004 04.07.16 04.07.17 10% 1 571/17 5475 50,000 12.08.16 Above 1 year 14% 2 5275 50,000 11.06.16 Above 1 year 14% 3 5254 50,000 06.06.16 Above 1 year 14% 4 1851RD 6,996 11.07.16 11.07.17 10% 5 1924RD 6,413 12.09.16 12.09.17 10% 7) The complainants submit that, as they were in need of money, they approached and requested the OPs for refund of respective matured F.D./RD amount with as agreed rate of interest, but the OPs on one or other reasons postponed for refund of the respective matured F.D./RD amounts with interest. Hence, OPs committed deficiency in service as contemplated under the provision of the Consumer Protection Act 1986. Therefore, the complainants are constrained to file these complaints against OPs. 8) On perusal of the affidavits filed by the complainants and the original F.D./R.D. receipts/passbooks are produced by the complainants, they are in the names of complainants & after the maturity of the respective F.D./R.D. amount, inspite of the demands made, the respective F.D./R.D. amount remained unpaid, the contention of the complainant stated in the complaints have to be believed and accepted and it has got on merit. It is well settled legal position that, non- payment of the deposited amount, it amounts to deficiency in service. 9) Taking into consideration of the facts, evidence on records, so in our consider view, the complainant has proved the case and complainant is entitled the matured F.D./R.D. receipts amount as per agreed rate of interest, if said F.D./R.D. are matured, and further the complainant is entitled future interest @ 6 % P.A. from the date of maturity till realization of the entire amount. Hence, we answer to Point No.1 in partly Affirmative. Accordingly, we proceed to pass the following. O R D E R For the reasons discuss above, the complaints filed by the complainants U/s 12 of the C.P. Act ? 1986 in Complaint Nos.568/2017 & 571/2017 are here by partly allowed with costs. The Opponents as shown in the cause title are hereby jointly and severely directed and liable to pay the complainants as ordered below. Sl. No. Compt. No. FD/RD A/c. No. Amt. Invested Date of Invt. Date of maturity/ renewal ROI/ Maturity Amt 1 2 3 4 5 6 7 1 568/17 5250 1,00,000 04.06.16 Above 1 year 14% 2 4209 50,000 27.03.15 Above 181 days 11% 3 5251 60,000 04.06.16 Above 1 year 14% 4 4201 50,000 27.03.15 Above 181 days 11% 5 1844RD 14,004 04.07.16 04.07.17 10% 6 1895RD 13,922 18.08.16 18.08.17 10% 7 1835RD 14,004 30.06.16 30.06.17 10% 8 1846RD 8,400 04.07.16 04.07.17 10% 9 1845RD 14,004 04.07.16 04.07.17 10% 1 571/17 5475 50,000 12.08.16 Above 1 year 14% 2 5275 50,000 11.06.16 Above 1 year 14% 3 5254 50,000 06.06.16 Above 1 year 14% 4 1851RD 6,996 11.07.16 11.07.17 10% 5 1924RD 6,413 12.09.16 12.09.17 10% The matured F.D./R.D. receipts amount as per column.4 with agreed rate of interest as per column.7 if said F.D./R.D. are matured, along with future interest @ 6 % P.A. from the date of maturity till realization of the entire amount. Further, Opponents as shown in the cause title are hereby jointly and severely directed and liable to pay a sum of Rs.2,000/- to the complainants in each case towards cost of the proceedings. The order shall be complied within 2 months from the date of the order. Original order be kept in Compt.568/2017 & its copy in other connected cases. (Order dictated, corrected and then pronounced in the open Forum on: 08th May 2018). Sri. A.G.Maldar, President. Smt. J.S. Kajagar, Lady Member. [HON'BLE MR. JUSTICE B.V Gudli] PRESIDENT [ Sunita] MEMBER