BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 30th SEPTEMBER 2015
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMPLAINT NO. 243/2015
(Admitted on 01.08.2015)
Smt. Chandra. S.Bengre,
Aged about 74 years,
W/o Somanath.T.Bengre,
R/at Sheshamma Nivas,
Parapu Boloor,
Mangalore-3. …….. COMPLAINANT
(Advocate for Complainant: Sri S.P.D’Souza)
VERSUS
1. Agri Gold Farm Estates
India (P) Ltd:
Owner’s Pride
Administrative office, Agri Gold House,
Plot No:6 Door No: 40-6-3,
Old Revenue Colony,
Nimmagadda Soma Sankara Rao Street,
Labbipet, Vijayawada-520010,A.P
2. Smt. Sumathi. S. Hegde,
S.R.E. Agri Gold Farm India (P) Ltd:
Suma Sadhan, Near Jugul Hall,
Opp: Lions Club, Mallikatta,Kadri,
Mangalore. ……OPPOSITE PARTIES
(Opposite Party No. 1 and 2: Ex-parte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY
- 1. This complaint is 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 that her husband was working in Mumbai and after his retirement he and complainant came down to Mangalore and they have settled in the above said address. The opposite party No. 2 had approached the complainant and stated that the Opposite Party No. 1 is company in which if she invest she will get good returns. That believing the Opposite Party No. 2 the complainant paid Rs. 2,50,000/-(Rupees Two lakhs fifty thousand only) with the Opposite Party No. 1 through the Opposite Party No. 2, who is the agent of Opposite Party No. 1 on 24.3.2012. Accordingly the Opposite Party issued the receipt as per its Ref No. MAR12/9495/1153 Customer ID No: 301153517. As per the receipt given by the Opposite Party No. 1 the complainant will be provided with some property within the date of maturity i.e. 24.3.2015. On the failure of the same the amount originally deposited will be paid with interest i.e. Rs. 3,37,500/- (Rupees Three lakhs thirty seven thousand five hundred only) including the interest at the time of maturity date i.e. 24.03.2015. That after the fixed date the Opposite Party No. 1 has not fulfilled his agreement and indulged in unfair trade practice.
The complainant further summits that after the maturity date complainant orally requested with the Opposite Party No. 1 and also with Opposite Party No. 2 for return of the deposit amount. The Opposite Party No. 2 has switched off her mobile and not giving any response. The Opposite Party No. 1 is also not responding for the calls from complainant.
But both the Opposite Parties failed to pay the amount and the Director/Authorized Signatory of Opposite Party which they has promised with the complainant that they will pay. In-spite of several requests by the complainant the Opposite Party failed to pay the agreed amount. The complainant finally visited the Opposite Parties Mangalore branch/office. But to the utter surprise Opposite Party’s Office has been closed down. Even Opposite Party No. 2 is also not responding to the continuous phone calls of the complainant. Which amounts to deficiency in service.
Hence the above complaint filed U/sec 12 of the Consumer Protection Act1986 (herein after referred to as the act) seeking direction from this Forum to the opposite parties to refund a sum of Rs. 3,37,500/- only including the interest at the time of maturity date i.e. 24-03-2015 and 10% interest on Rs. 3,37,500/- from 24.03.2015 till payment from the date of payment till the realization to the complainant along with compensation and cost of the proceedings.
II. 1. Version notice served to the opposite parties No. 1 and 2 by R.P.A.D, even after receiving version notice neither appeared nor contested the case before this FORA till this date. Hence we have proceeded ex-parte as against the opposite party No. 1 and 2. The acknowledgment marked as court Document No. 1 & 2.
III. 1. In support of the complaint, Smt Chandra.S. Bengre. (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex. C1. Opposite Parties ex-parte.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the complainant proves that the opposite parties have committed deficiency in service?
- If so, whether the complainant is entitled for the reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the learned counsel for the complainant 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. POINTS NO. (i) to (iv): The complainant in order to substantiate the averments made in the complaint filed affidavit supported by documents i.e. Ex c-1. Wherein the Ex C1 is the receipt Ref No: MAR12/9495/1153 Customer ID No: 301153517, which shows that the complainant paid Rs. 2,50,000/- on 24.03.2012. It could be seen in terms and conditions the opposite party undertaken to provide some property within the date of maturity i.e. 24.3.2015. In case of failure the amount originally deposited will be paid with interest i.e. 3,37,500/-
However, it is seen on record that, the opposite parties inspite of undertaken to pay to the complainant, but not paid till this date from the date of maturity amounts to deficiency in service as well as unfair trade practice.
Further, the opposite party in-spite of receiving version notice not appeared nor contested the case. That the entire evidence placed by the complainant not contradicted nor controverted by the opposite party. That, the unrebutted evidence requires no further proof. Therefore the opposite parties are liable to refund the entire amount paid by the complainant and also pay adequate damages for the inconvenience caused to complainant.
Further we are of the considered opinion that, in a case of like this nature reciprocal promises were enshrined in the contract/ receipt issued between the parties, both the parties were obliged to perform in that ‘Order’. No doubt the Complainants invested certain sum of money under the receipts for a particular period with the Opposite Parties and the Opposite Parties in-turn received the invested amount from the Complainants and agreed to provide immovable property and in case of failure undertaken refund the aforesaid amount along with the interest on the date of maturity. 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. Since opposite party failed it amounts to deficiency in service.
In view of the aforesaid reasons, we hold that, the opposite parties No. 1 and 2 jointly and severally shall refund ₹ 3,37,500/- (Rupees three lakhs thirty seven thousand five hundred only @ 12% per annum from the date of maturity till the date of payment and further pay of Rs. 3,000/- as litigation expenses. . Payment shall be made within 30 days from the date of receipt of this order.
In the result, we pass the following:
ORDER
The complaint is allowed. The opposite parties No. 1 and 2 jointly and severally shall refund ₹ 3,37,500/- (Rupees three lakhs thirty seven thousand five hundred only) along with interest @ 10% from the date of maturity till the date and further pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
In case of failure to pay the above mentioned amount within the stipulated time, the Opposite Party No. 1 and 2 are directed to pay interest at the rate of 12% per annum on the above said total amount from the date of failure till the date of payment.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 8 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 30th day of OCTOBER 2015)
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 : Smt Chandra S.Bengre – Complainant.
Documents produced on behalf of the Complainant:
Ex. C1 : Original of the receipt issued by Opposite parties.
Ex. C2 : Unserved letter of opposite party No. 1.
Ex. C3 : Original postal Acknowledgment of notice
to opposite party no. 2.
Witnesses examined on behalf of the Opposite Party:
- Nil -
Documents produced on behalf of the Opposite Party:
- Nil -
Dated: 30.10.2015. PRESIDENT
ORDER
The complaint is allowed. The opposite parties No. 1 and 2 jointly and severally shall refund ₹ 3,37,500/- (Rupees three lakhs thirty seven thousand five hundred only) along with interest @ 10% from the date of maturity till the date and further pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
In case of failure to pay the above mentioned amount within the stipulated time, the Opposite Party No. 1 and 2 are directed to pay interest at the rate of 12% per annum on the above said total amount from the date of failure till the date of payment.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 30th day of OCTOBER 2015)
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
