BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE                        

Dated this the 22^nd May 2017

PRESENT

   SRI VISHWESHWARA BHAT D     : HON’BLE PRESIDENT

   SMT. LAVANYA M. RAI                  : HON’BLE MEMBER

ORDERS IN

C.C.No.272/2016

(Admitted on 2.08.2016)

Mr. Balakrishna Gowda M,

S/o Babu Gowda,

Aged 61 years,

R/at Maluvelu House,

Kodimbady Village & Post,

Puttur Tq, D.K.

                                                                          ….. COMPLAINANT

(Advocate for the Complainant: Sri SD)

VERSUS

1. Managing Director,

    PACL India Ltd,

    22, 3^rd Floor, Amber Tower,

    Sansar Chand Road, Jaipur  04.

    Rajasthan.

2. Manager,

    PACL India Ltd,

    Raghavendra Complex,

    2^nd Floor, Near A.B Shetty Circle,

    Mangalore  01.

                                                                 ….........OPPOSITE PARTIES

(Opposite Parties No.1 & No.2: Ex Parte)

ORDER DELIVERED BY HON’BLE PRESIDENT

SRI VISHWESHWARA BHAT D:

          The above complaint filed under Section 12 of the Consumer Protection Act by the complainant against opposite parties alleging deficiency in service claiming certain reliefs. 

The brief facts of the case are as under:

     The complainant claims he invested his money in opposite parties plots as detailed amount deposited in Sl.No. 1 and 2 matured in respect of the Sl.No. 3 will mature on 05.03.2017 and of which he paid only Rs.2,500.   The complainant on enquiry with opposite party No.2 for allotting the plot or of refund of the amount with interest but opposite party No.2 failed to comply. Opposite party No.2 has collected the yearly premium from complainant and when the last premium was paid the original registration letter was collected from complainant for repayment, opposite party No.2 as issued receipt for receiving original registration letter from complainant. But no refund is made to complainant even after enquires which amounting to deficiency in service. Hence seeks the relief mentioned in the complainant.

2.     Despite serving version notice remained absent and placed Ex-parte.

3.     In support of the above complaint Mr. Balakrishna Gowda filed affidavit evidence as CW1 and produced documents got marked at Ex.C1 to C3 as detailed in the annexure here below.   On behalf of the opposite parties not appeared nor filed any evidence. 

4.      In view of the above said facts, the points for consideration in the case are:

1. Whether the Complainant is a consumer and the dispute between the parties?
2.  If so, whether the Complainant is entitled for any of the reliefs claimed?
3. What order?

      The learned counsel for complainant addressed oral arguments.  We have considered entire case filed on record including evidence tendered by party.   Our findings on the points are as under follows:

               Point No. (i) : Affirmative

               Point No. (ii) : Partly Affirmative

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

REASONS

5.      POINTS No. (i) & No.(ii):     As seen from the affidavit evidence and also Ex.C1 to C3 it is seen that deposit were accepted by opposite party from complainant.   Ex.C2 & C3 are the FD receipts and Ex.C2 and C3 are the true documents towards the payment of the receipt from complainant by opposite parties.  At Ex.C2 the investment made is shown as Rs.10,000 for 200 SQ.YD and Ex.C3 as Rs.15,000 for 300 SQ.YD estimated realizable value at the end of the term agreement at Ex.C2 is Rs.22,807 and of Ex.C3 is Rs.23,100. Ex.C1 is an acknowledgment issued by PACl Limited i.e. opponent for buyback letter.  With buyback dated as 5.11.04.  The details at Ex.C1 matches with the number at Ex.C3 but there is no such similar acknowledgment in the respect of Ex.C2 produced by complainant.

6.     As seen from the terms on the reverse of the Ex.C2 and C3 mentions clause 8 at both Ex.C2 and C3 is given to 180 days before the expiry of the period of 180 days. Ex.C3 mentions the expiry date of agreement as 5.3.2017 and Ex.C1 is the buyback letter was given 3 years in an all.  There is no such letter given by complainant in respect of Ex.C2. There is also no document produced by complainant in respect of the third investment of Rs.2,500.

7.     Complainant claims unfair trade practice with a view to make unlawful gain as not making payments. 

8.     As seen from the Ex.C2 and C3 nothing is clear where as to in which place the opposite parties after receiving amount for complainant where intending to invest the money and where they have promised to give the land/plot to the complainant.  Accepting the amount in deposits without giving details amounts to unfair trade practice. In respect of the third investment of the rs.2500 no document were produced by the complainant. Even though there is no notice issued prior to the filing of the complaint the mention made in the complaint that original registration certificate was deliver to opposite party No.2 neither made payments nor return the registration certificate.  Thus not only the relationship of consumer and service provider between the parties is established deficiency in service on the part of opposite parties is also established in respect of 1 and 2 of the deposits but is not of three.  Hence we answer point No.1 & 2 partly in the affirmative.

9.     POINT No.(iii):  complainant is entitled in respect of amount deposited in serial number 1 and 2 with interest at 9% per annum on the maturity value of the deposit from the date of deposit till the date of payment.  Opposite parties are also directed to pay Rs.15,000/- as compensation and cost.  In respect of amount deposited in serial number 3 is rejected.    Wherefore the following

ORDER

      The complaint is partly allowed with cost.  Opposite parties are

directed jointly and severally to pay in respect of Sl No.1 & 2 maturity value of Rs. 43,707/ (Rupees Forty Three thousand Seven hundred and Seven only) with interest at the rate of 9% per annum from the date of deposit till the date of payment.  

2.     Opposite parties are also directed to pay a sum of Rs.15,000/ (Rupees Fifteen thousand only) as compensation to complainant

3.   In respect of the Sl. No. 3 is rejected.

4.    The above amounts shall pay within 30 days from the date of receipt of the copy of this order.

       Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.

     (Page No.1 to 6 directly typed by steno on computer system to the dictation of President revised and pronounced in the open court on this the 22^nd May 2017)

              MEMBER                                              PRESIDENT

       (LAVANYA M. RAI)                        (VISHWESHWARA BHAT D)

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

             Mangalore.                                            Mangalore.

ANNEXURE 

Witnesses examined on behalf of the Complainant:

CW1  Mr. Balakrishna Gowda

Documents marked on behalf of the Complainant:

Ex.C1: 5.11.2014: Original endorsement issued by 2^nd OP for surrendering the Registration letter

Ex.C2: 30.12.2008: Original Registration Letter

Ex.C3: 05.03.2011: Original Registration Letter

 Witnesses examined on behalf of the Opposite Parties:

 Nil 

Documents marked on behalf of the Opposite Parties:

 Nil

Dated: 22.5.2017                                          PRESIDENT