BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 31^st day of July 2016

PRESENT

        SMT. ASHA SHETTY           :  HON’BLE PRESIDENT

        SMT.LAVANYA M. RAI        :   HON’BLE MEMBER

                                                    ORDER IN

                                                      C.C.392/2015

                                                   (Admitted on 21.11.2015)

Vanishri,

W/o Krishna,

Aged about 32 years,

Krishna Kripa,

CC 10 Chinmaya Colony.

Vidyanagar, Post Kasaragod.

Kasaragod District.                                               ……… Complainant

(Advocate for Complainant by Sri GopalaKrishna K.R)    

VERSUS

1.   Seven Hills Vividhodhesha

      Souharda Co operative Ltd,

      Reg & Head Office, Ramesh Building,

      Adarsha Nagar, Opp: Jr. College Ground,

      Malur, Kolar Dist  563 130,

      Represented by its President/

      Managing Director G. Narayanappa.         

2.   Aggri Hills Forms Estate India Pvt. Ltd,.

      No. 68, 1^st Floor, Bangalur Road,

      Krishnagiri Dist.,

      Hosur, Tamilnadu  635109,

      Rep by G.Narayanappa,

      President/Managing Director.

3.   Special officer.

      For Seven Hills Vividhodhesha

      Souhardha Co-operative Ltd.

      Sri Y.Kumar,

      Deputy Chief Manager

      Karnataka State Souhardha Co Operative Ltd,

      Nrmana Bhavana, Dr.Rajkumar Road,

      1^st Blook, Rajajinagara, Bangalore 560010.      

(Opposite Party No.1, No. 2 and 3 Ex parte                                                     ……. Opposite Parties

ORDER DELIVERED BY HON’BLE PRESIDENT

SMT. ASHA SHETTY:

I.      1.  The above complaints are filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the Opposite Parties claiming similar reliefs. 

 The brief facts of the case are as under:

The Complainant submits at the instance of one agent of 1^st Opposite Party Smt. Puspalatha W/o Sudhakara R/o Kanipuresh House, Naikapu, Edyade, Post Kumble deposited the fixed amount with Seven Hills Vividhodesha Souhardha Co-Operative Ltd for the plan as detailed in the table below, were issued in the name of complainant by the 1^st Opposite Party from its branch at Puttur. Deposit Receipts will be as detailed in the table below.

The opposite parties are liable to refund the deposited amount. The Complainant along with agent visited the 1^st opposite party but the opposite party not refunded the amount till this date which amounts to deficiency in service.  Hence the above complaint filed 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 maturity value with interest at the rate of 18% per annum from the date of maturity till payment along with compensation and cost of the proceedings.

II.      1. Version notices served to the Opposite Parties. Inspite of service of notices to Opposite Party No.1 and 2, not appeared nor represented the case till this date, hence we have proceeded exparte as against opposite parties.

III.     1. In support of the above complaints, all the respective Complainant has been examined as CW1 and produced documents got marked under the Ex.C series detailed in the annexure here below.  Heard the arguments.

          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 for the complainants and also considered the materials that was placed before this Forum and answer the points are as follows:

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

Point No. (iii) and (iv) As per the final order.

REASONS

IV.     1.  Point No.(i) to (iv) :    The Complainant in order to substantiate the averments made in her complaint filed affidavit supported by documents (detailed in annexure herein below).  The material documents produced by the complainant go to show that she has deposited sum of money with the Opposite Parties and Opposite Parties in turn undertaken to refund after the maturity i.e. 14,000.

          However it could be seen on record that the 1 to 3 Opposite Parties inspite of receiving notice not appeared nor contested the case till this date and the entire evidence placed before this FORA is not contradicted nor controverted.  The unrebutted evidence requires no further proof.

It is pertinent to note that complainant has deposited certain sum of money with the Opposite Parties and the Opposite Parties failed to perform their obligation enumerated F.D receipt.  We are of the considered opinion that in a case of like this nature reciprocal promises were enshrined in the contract/receipt executed between the parties and both the parties were obliged to perform in that order.  No doubt the complaint invested certain sum of money under the receipts/F.D 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 within the stipulated time.  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 mentioned in the Fixed Deposit Receipt.  But in the above case the Opposite Parties miserably failed to perform their promises / contracts entered between them.  Since the Opposite Parties failed to refund the amount till this date it amounts to unfair trade practice as well as deficiency in service.

In view of the above discussion, we hold that, the Opposite Party No.1 to 3 jointly and severally shall refund the entire deposited amount i.e.14,000 along with interest 12% per annum from the date of maturity till the date of payment and further to pay a sum of Rs.3,000/ to the complainant as litigation expenses and payment shall be made within 30 days from the date of receipt of this order.

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

 Complaints allowed. Opposite Parties are jointly and severally shall refund Rs. 14,000 i.e., maturity value along with interest at 12% per annum from the date of maturity till the date of payment and further to pay Rs.3,000/ as cost of  litigation expenses and payment shall be made within 30 days from the date of receipt of this order.

The F.D.R. if any deposited by the Complainant be returned fourth with by substituting the certified.

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

 (Dictated to the Stenographer typed by her, revised and pronounced in the open court on this the 30^th July 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: Vanishri

Documents produced on behalf of the Complainant:

Ex.C1: Date: 24.08.2012 Original Deposit Receipt.          

Ex.C2: Date: 06.07.2015 Copy of the letter sent by the     

                     agent of the 1^st opposite party

                     to the 1^st Opposite Party.

Ex.C3: Date: 18.09.2015 Copy of the legal notice sent by

                      advocate for complainant to the 1^st Opposite Party.

Ex.C4: Date: 19.09.2015 Copy of the postal acknowledgment       

                      for service legal Notice.

Ex.C5: Copy of the sale deed executed in favour of 2^nd                 

            Opposite Party.

Witnesses examined on behalf of the Opposite Parties:

  NIL 

Documents produced on behalf of the Opposite Parties:

 NIL 

Date: 30.07.2016                                               PRESIDENT