Date of Filing:22/06/2017
Date of Order:26/05/2018
BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE - 27.
Dated: 26THDAY OF MAY 2018
PRESENT
SRI.H.R. SRINIVAS, B.Sc., LL.B. Rtd. Prl. District & Sessions Judge And PRESIDENT
SRI D.SURESH, B.Com., LL.B., MEMBER
COMPLAINT NO.1668/2017
COMPLAINANT/S | | |
| 1 | Sri Ravi Ghai, S/o Late Sri Roshan lal Ghai, Age 66 years. |
| 2 | Smt. Vibha Gai, W/o Sri Ravi Ghai, Age : 60 years, Both Residents of 5 C Atria, TATA Aquila Heights, Jalhalli, Bangalore 560 013. (Sri MSN Adv. for complainants) |
V/s
OPPOSITE PARTY/IES | | |
| 1 | M/s Unitech Limited, 6, Community Centre, Saket, New Delhi 110 017, Represented by its Managing Director |
| 2 | M/s. Unitech Limited, C-1 & 2, 134/1, Jyothi Complex, Infantry Road, Bangalore 560 001. Represented by its incharge. (Ops: Exparte) |
ORDER
BY SRI.H.R. SRINIVAS, PRESIDENT
1. This is the complaint filed by the complainants against the Opposite Parties (hereinafter referred to as O.Ps) under Section 12 of the Consumer Protection Act, 1986 praying this Forum to order the Ops to refund of Rs.7,26,000/- along with 18% interest and for Rs.50,000/- towards damages and incidental expenses in respect of the F.D. amount deposited with the O.Ps who failed to return the same inspite of demand.
2. The contents of the complaint in brief are that, Complainant No.1 is the husband of 2nd complainant. They together deposited a sum of Rs.5,00,000/- with the O.P No.1 which is a company established under Companies Act which is permitted to accept the Fixed Deposit under the Companies acceptance of deposit Rules 1975 and 2013. They had earlier deposited Rs.5,00,000/- as Fixed Deposit with the O.ps and got it renewed through a broker M/s. RR Capital Services, Bengaluru. The F.D. Receipts was also delivered to them. The term of deposit was for 36 months. Date of deposit is 21.9.2013. Rate of interest 12.5% per annum. Maturity date 21.09.2016 and cumulative interest is Rs.2,26,086/-. After the maturity i.e. 21.09.2016, they duly discharged the Fixed Deposit Receipt and submitted to the O.P No.1 for repayment of the same. The O.Ps did not repay the same inspite of several letters, demands and request through email and ultimately they had to issue legal notice demanding them to pay the amount. Inspite of it, O.Ps have not returned the amount. Hence there is deficiency in service. Willfully O.Ps have withheld their amount which they cannot do. It is also averred that since O.P No.1 has a branch office at O.P.No.2 at Bengaluru, and since they issued a cheque from Bengaluru Bank, this Forum has jurisdiction to decide this case and hence this complaint.
3. Upon service of notice, O.P No.1 remained absent and hence placed exparte. Substitute service of notice on O.P.No.2 was taken in the local news paper in ‘UDAYAVANI’ dated 17.12.2017. Inspite of publication of notice, O.P No.2 remained absent, hence O.P.No.2 placed exparte.
4. In order to prove the case, complainant No.1 filed his affidavit evidence along with documents. After hearing their counsel, the following points arise for our consideration:-
1) Whether the complainants have proved
deficiency in service on the part of the
Opposite Parties?
2) Whether the complainants are entitled to
the relief prayed for in the complaint?
5. Our answers to the above points are:-
POINT 1): In the affirmative.
POINT 2): Partly in the affirmative.
As per the final order.
REASONS
ON POINTS No.1:-
6. The complainant No.1 has reiterated the facts of the complaint in his affidavit filed in lieu of evidence.
7. It is borne out from the documents filed by the complainants i.e. the application form for depositing Rs.5,00,000/- towards Fixed Deposit Receipt along with copy of the cheque and the Fixed Deposit receipt issued by the O.P.No.1, after renewing the earlier Fixed Deposit, clearly go to show that, the complainants have deposited a sum of Rs.5,00,000/- on 21.09.2013 for a period of three years at the agreed rate of interest at 12.50% per annum and date of maturity mentioned therein as 21.9.2016 and the amount payable on maturity is Rs.7,26,086/-. Series of correspondences emails, the legal notice, postal acknowledgments clearly go to show that as the O.ps did not repay the fixed deposit amount, which is a clear deficiency in service.
8. Had the O.Ps paid the amount to the complainants either on their own or after the demand, when the notice issued by the Forum and by way of paper publication would have appeared before the Forum and would have stated so regarding the payment. When they have not done so, it is to be inferred and hold that the O.ps have not paid the matured Fixed Deposit amount to the complainants. Hence there is deficiency in service and hence we answer Point No.1 in the affirmative.
ON POINTS No.2:-
9. The complainants are senior citizens. They have been made to approach this Forum for no fault of theirs. They are entitled to receive the matured fixed deposit amount. Since the O.Ps have not paid the same, the complainants are entitle for Rs.7,26,086/- and interest at 12% per annum on the said sum from 21.09.2016 onwards till the payment of entire amount.
10. Further the complainants have sought for damages for Rs.50,000/- towards loss and trauma suffered by them on various counts. Considering the nature of the case and as we have awarded 12% interest on Rs.7,26,086/- from 21.09.2016, we are of the opinion that if a sum of Rs.25,000/- towards mental harassment, physical strain and Rs.10,000/- towards litigation expenses ordered would meets the ends of justice. Hence we answer Point No.2 Partly in the Affirmative and proceed to pass the following:-
ORDER
1. The complaint is partly allowed with cost.
2. The OP No.1 and 2 are jointly and severally hereby directed to pay to the Complainants a sum of Rs.7,26,086/- along with interest at the rate of 12% per annum from 21.09.2016 till the entire amount is paid.
3. Further O.P No.1 and 2 are hereby directed to pay to the complainants a sum of Rs.25,000/- as damages towards mental and physical harassment and Rs.10,000/- towards cost of the litigation expenses.
4. The O.Ps are hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 26thDay of MAY 2018)
MEMBER PRESIDENT
*RAK
ANNEXURES
1. Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1:Ravi Ghai - Complainant.
Copies of Documents produced on behalf of Complainant/s:
Doc.No.1:Copy of the application form for F.D. dated 17.09.2010.
Doc.No.2:Copy of FDR No.1243567 dt:31.10.2013 duly acknowledged by the O.P No.2
Doc.No.3:Copy of email dt: 27.12.2016.
Doc.No.4:Copy of email dt:12.2.2017.
Doc.No.5:Copy of letter dt:21.2.2017.
Doc.No.6: RPAD acknowledgment.
Doc.No.7: Ack. Relating to speed post.
Doc.No.8: Copy of legal notice 10.4.2017.
Doc.No.9.: 4 No.s of RPAD Receipts.
Doc.No.10.: Acknowledgment.
Doc.No.11.: Copy of legal notice dt 25.4.2017 issued to OP.No.1
Doc.No.12. : Postal receipt.
Doc.No.13: Acknowledgment.
Doc.No.14: Copy of the order dt:24.10.2016 in Com.nO.936/2016.
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
- Nil -
Copies of Documents produced on behalf of Opposite Party/s
- Nil -
MEMBER PRESIDENT
