Before the District Forum: Kurnool
Present: Sri K.V.H. Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Wednesday the 13th day of April, 2005
C.D.No.33/2005
Sajja Siva Prasada Rao, S/o Hanumantha Rao,
H.no.51-1017-1A, L.I.C. Colony, Kurnool.
. . . Complainant represented by his counsel
Sri A.Prabhakar Reddy.
-Vs-
- M/S.Medinova Diagnostic Service Limited,Represented by its Managing Director,
6-3-652, Kautilya, 3rd Floor, Somajiguda, Hyderabad.
. . . Opposite party
- Medinova Diagnostics Center, Branch of Medinova Diagnostics Service Limited,
Near Sanjeevanagar Gate, Opp.Dhawaraka Hotel, Nandyal. . . . Opposite party
O R D E R
(As per R. Ramachandra Reddy, Member)
CC.No.33/2005
1. This consumer dispute case of the complainant is filed under Section 12 of the C.P. Act, seeking a direction on the opposite parties to pay him Rs.7,850/- with interest at the rate of 19% per annum from the date of the maturity till realization, Rs.5,000/- as compensation and grant costs of this case.
2. The brief facts of the complainant’s case are that the complainant has deposited an amount of Rs. 5,000/- from 11.12.1999 to 10.12.2002 with the opposite party No.2 through the opposite party No.1 for a refundable matured amount of Rs.7,850/- vide membership deposit receipt No. 01001/XIII. The complainant sent the original membership deposit receipt to opposite party No.2 for realization of maturity amount and the same was received by 10-12-2002. But the opposite party No.2 even after the expiry of one year period by 10.12.2003, did not pay the amount payable by him. The complainant entitled for further interest from the date of expiry i.e., 11.12.2002. The above said lapsive conduct of the opposite parties constrained the complainant to resort to the Forum for redressal of the claim of maturity amount of Rs.7,850/-, Rs.5,000/- towards compensation and grant costs of this complaint.
3. In pursuance of the receipt of this notice of this Forum as to this case of the complainant the opposite parties neither appeared before this Forum nor contested the case of the complainant filing any written version with any defense and thereby remained exparte.
4. While such is so with the opposite parties the complainant in substantiation of its case relied upon the documentary record in Ex.A1 and Ex.A2, besides to his sworn affidavit in reiteration of the complaint averments.
5. Hence, the point for consideration is whether the complainant has made out the case of deficiency on the part of the opposite parties towards him entitling him for the relief’s sought?
6. The Ex A.1 is the acknowledgement letter of opposite party No.2 in receipt of the Original Membership Deposit Receipt No. 01001/XIII, dated 10.12.2002. The Ex.A1 is an attested Xerox copy of the MDR No.01001/XIII date d 11-12-1999 issued by opposite party No.2 assuring the payment of Rs.7,850/- as the maturity amount payable on 10-12-2002. It envisages the receipt of an amount of Rs.5,000/- from the complainant. The facts so envisaged in Ex.A1 and Ex.A2 and complaint averments and the complainant’s sworn affidavit averments in re-iteration of its case are neither denied nor rebutted by the opposite parties and hence there appears every bonafidies in the claim of the complainant.
7. When a Company or Firm invites deposits on a promise of attractive rates of interest or attractive sums, it is a service and the depositor is a Consumer as per the decision of the Honourable National Consumer Disputes Redressal Commission, New Delhi in Neela Vasantha Raji –Vs- Amog Industries reported in 1993 (3) C.P.R Page, 345.
8. When the amount under the deposit with accrued benefit not released to the Depositor by the financial institution, the said conduct of not honouring the said commitment, amounts to deficiency and the Financial Institution is liable to refund the accrued amount with 12% interest as per the decision of Honourable Maharastra State Consumer Disputes Redressal Commission, Mumbai in Sanchyani Savings and Investments (India) Limited –Vs- Vastla Baba Saheb Gai Quard reported in I (2003) C.P.J Page 260.
9. In the present case also the opposite party’s firm inviting the public deposits on a promise of the payment of matured amount on atenure of 3 years from the date of deposit did not keep up the said commitment to the complainant by avoiding the payment of the matured amount. Thus the said lapsive conduct of the opposite party is amounting to deficiency of service to the complainant/consumer depositor and thereby the grievances of the complainant are covered under the supra stated decisions holding the liability of the opposite party for refund of the accrued matured amount with interest at 12% per annum from the date of the maturity and compensation of Rs. 1,000/- for suffered mental agony at the deficient conduct of opposite parties and costs of Rs.1,000/- as the complainant was driven by the opposite parties to the Forum for redressal.
10. Therefore, in the result the complaint is allowed directing the opposite parties to pay the matured amount of Rs.7,850/- with interest at 12% per annum from the date of maturity till realization, Rs.1,000/- towards compensation for suffered mental agony at the deficient conduct of opposite parties and Rs.1,000/- towards costs within a month of the receipt of this order.
Dictated to the Stenographer, Typed to the Dictation, corrected by us, pronounced in the Open Court this the 13th day of April, 2005.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: -Nil- For the opposite parties: -Nil-
List of Exhibits Marked
For the complainant:-
Ex.A1 Acknowledgement dated 10-12-2002 of opposite party No.1 as to the receipt MDR No.01001XIII matured on 10-12-2002 for Rs.7,850/-.
Ex.A2 Attested Xerox copy of Membership deposit receipt MDR No.01001XIII of complainant.
For the opposite parties:- - Nil-
PRESIDENT
MEMBER MEMBER
