BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 31^ST MARCH 2016

PRESENT

        SMT. ASHA SHETTY           :  HON’BLE  PRESIDENT         

       SMT.LAVANYA M. RAI        :   HON’BLE MEMBER                                         

                                                                ORDER IN

C.C.No 188/2015

                                                                   (Admitted on 02.06.2015)

Mr. B.Subramanya,

Aged 65 years,

Son of Late B. Narasimha Holla,

Sankalpa Trust (R),

Near Paramjyothi Bhajana Mandira,

Padil-Alape,

Mangaluru-575007.                       …… COMPLAINANT

(Advocate for complainant by Sri Sudhakar Rai) 

VERSUS

1. G. Narayanappa,

Chairman, Agri Hills Farms Estate,

India Pvt. LTD, Ramesh Building,

DVG Road, Opp. Junior College,

Adarshanagar. Bangalore Road,

Malur 563130, Kolara District.

2. R. Ananda Reddy,

Managing Director, Agri Hills Farms

Estate India Pvt., LTD.

Ramesh Building, DVG Road,

Opp: Junior College, Adarshanagar

Bangalore Road, Malur 563 130.

Kolara District.

3. The Branch Manager/Authorized signatory,

Agri Hills Farms Estate India Pvt. Ltd.

Branch Office Situated at

1^st floor, Ganesh Mahal Building,

K.S.Rao Road, Mangaluru-575001.

(Opposite Party No. 1 to 3   Ex-parte)

ORDER DELIVERED BY HON’BLE PRESIDENT

SMT. ASHA SHETTY:

I.       1. The above complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the Opposite Parties claiming certain reliefs.  

The brief facts of the case are as under:

The Complainant had invested a sum of Rs. 40,000/- (Rupees Fourty thousand only) in opposite parties project through opposite party No. 3 for a period of three years.  At the time of joining the project, the Opposite Parties were promised to the complainant that at the time of maturity date they would pay a sum of Rs. 56,000/- (Rupees Fifty six thousand only) to him.  In this regard Opposite Party No. 3 issued a certificate by name Chamundi Hills Phase-1 dated 18.05.2011 signed by Opposite Party No. 2.  The date of maturity of the above said certificate is on 18.05.2014. The details of the amounts deposited with the Opposite Parties mentioned in detail herein below

Complainant stated that, after the Maturity date the complainant approached O.P.No.3 and requested to repay the deposited amount along with maturity value i.e. Rs. 56,000/-/- (Rupees Fifty Six Thousand only). But opposite parties were postponing the same by one or other reason. Finally, after laps of eight month, O.P. No.1 issued a cheque bearing No. 693855 dated 28-02-2015 drawn on canara Bank SME branch Malur branch for Rs 46,000/- towards part payment of the above said maturity value. The said cheque had been dishonored as ‘Funds insufficient’ in O.Ps bank account. The dishonor of cheque has been intimated to the opposite parties but they were not bothered to pay the amount.

Complainant submits that, after maturity date of the above said certificate when he approached O.P No.3 i.e. on 18-05-2015, he has taken back the original certificate from the complainant and thereafter on 20-05-2015 issued a colour Xerox copy of the same by affixing the seal and signature.

There after complainant had issued legal notice but Opposite Parties not Complied. Hence the above complaint is filed before this FORA under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Parties to pay the entire Deposited amount invested by him mentioned in his complaint and also sought for compensation and cost of the proceedings.

II.      1. Version notice served to the Opposite Parties by RPAD and paper publication. Even after the same neither appeared nor contested the case before this FORA. Hence we have proceeded ex-parte as against the opposite parties.   

III.     1. In support of the above complaint, is examined as CW-1 and produced documents got marked under the ‘Ex.C’ series detailed in the annexure here below. 

In view of the above said facts, the points now that arise for our consideration in this case are as under:-

1. Whether the Complainant proves that the Opposite Parties committed deficiency in service?
2. If so, whether the Complainant is entitled for the reliefs claimed?
3. What order?

           We have considered the notes/oral arguments submitted by the learned counsel and also considered the materials that was placed before this Forum and answerd the points are as follows:-    

             Point No.(i) & (ii): Affirmative.

                       Point No.(iii): As per the final order.    

REASONS

IV. 1.  POINTS No. (i) to (iv):  In the instant case, the Complainant in order to substantiate his complaint filed evidence on affidavit supported by material documents i.e. Ex.C1 to C5.  The Ex C-1 is the certificate issued by opposite party by name Chamundi Hills Phase -1 dated 18.05.2011 signed by opposite party No. 2 on behalf of opposite party No. 1 and the above said certificate issued by opposite party No. 3.  The said certificate reveals that the complainant has invested Rs. 40,000/- in opposite party project through opposite party No. 3 for the period of 3 years.   The opposite parties agreed to pay after maturity Rs. 56,000/-, the maturity date shown as 18.05.2014 (agreement period).

However, it is pertinent to note that the certificate issued by the opposite parties is very clear and the opposite parties are bound by the terms mentioned in the said certificate. We are of the considered opinion that, in a case of like this nature reciprocal promises were enshrined in the contract/certificate entered/issued between the parties, both the parties were obliged to perform in that ‘Order’. No doubt the Complainant invested certain sum of money under the project for a particular period with the Opposite Parties and the Opposite Parties in-turn received the invested amount from the Complainant and agreed to refund the aforesaid amount along with the interest on the date of maturity/agreement period.  When that being so, it is the obligation on the part of the Opposite Parties to refund the amount to the Complainant on the date of maturity. Since the opposite parties failed to perform their obligations, the service rendered by them amounts to deficiency in service as well as unfair trade practice.

Apart from the above, we also noted that, the opposite parties in-spite of receiving version notice no appeared nor contested the case till this date.  The entire evidence not rebutted by the opposite parties, hence it requires no further proof.

  In view of the above discussions, we hold that the opposite parties jointly and severally directed to pay Rs. 56,000/- along with interest @ 12% p.a. from the date of maturity till the date of payment.

In the present cases, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded.

In the result, we pass the following:-

ORDER

The complaint is allowed. Opposite Parties jointly and severally shall pay an amount of Rs.56,000/- (Rupees Fifty six thousand  only) to the complainant along with interest @ 12% p.a. from the date of  maturity  till the date of payment.  Payment shall be made within 30 days from the receipt of this order.

 The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.

(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31^st day of MARCH -2016.)

PRESIDENT                                      MEMBER

 (SMT. ASHA SHETTY)                     (SMT. LAVANYA M.RAI)

D.K. District Consumer Forum                      D.K. District Consumer Forum

     Mangalore.                                                 Mangalore.       

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW-1 : Mr. B. Subramanya  -         Complainant        

Documents produced on behalf of the Complainant:

Ex C1 to C4  Original F.D. Receipt (1 in No. (1).

1.  06-03-2015-  Xerox copy of the receipt issued by the Opposite Parties. 

2. 20-03-2015-   Office copy of the legal notices.

3.                   -     Postal acknowledgment.

4.                   -   Unclaimed notices.  

 Witnesses examined on behalf of the Opposite Parties:

 Nil 

Documents produced on behalf of the Opposite Parties:    

 Nil 

Dated: 31.03.2016.                                 PRESIDENT  

31.03.2016.

ORDER

The complaint is allowed. Opposite Parties jointly and severally shall pay the amount of Rs.56,000/- (Rupees Fifty six thousand  only) to the complainant along with interest @ 12% p.a. from the date of  complaint till the date of payment.  Payment shall be made within 30 days from the receipt of this order.

 The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.

(Page No.1 to     dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31^st day of MARCH -2016.)

PRESIDENT                                      MEMBER

 (SMT. ASHA SHETTY)                     (SMT. LAVANYA M.RAI)

D.K. District Consumer Forum                      D.K. District Consumer Forum

            Mangalore.                                                      Mangalore.