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
Thursday the 4th day of September,2003
C.D.No.34/2003
Adoni Mahaboob Basha,
S/o. A.Sunar Shasha Saheb,
H.No. 12/175,
Shroof Bazaar,
Adoni, Kurnool Dist. . . .Complainant represented by his counsel
Sri S.Malik Basha
- The Branch Manager,
Rep to jibanbikash General Finance
Investment (India) Ltd.,
Office at Jayashree complex,
Opp.to Variety theatre,
Kurnool
- The Managing Director,
Jibanbikash General Finance &
Investment (India)Ltd.,
Regd. Office at Madhupatna,
Cuttack, Orissa State. . . . Inperson
O R D E R
This Consumer Dispute of the complaint under section 11& 12 of C.P.Act, 1986 seeking a direction on the opposite parties to pay the complainants RS. 23,940/-maturity amount payable on Social Welfare Endowment Certificate bearing No.10c-07-003547 Dt 11.6.199 with interest at 18percent per annum from the date of maturity till realization, RS.2, 000/- for mental agony RS.500/- as costs of the case and the other reliefs which the complainant is entitled to the efficiency of the case.
The brief facts of the complaint is that the complainant purchased the Jiban Bikash Social Welfare Endowment Certificate on 11.6.1994 joining the scheme commencing from 11.6.1994 to 11.6.2001 paying RS 1,197/- at the time of commencement and agreeing to pay at RS.1, 197/-for half yearly payment till the last date of installment dt 11 .12.2000 and paid the said premium regularly and obtained receipts for every payment dt 19.12.1994, 14.6.1995, 18.12.1995, 30.7.1996, 13.12.1996, 4.7.1997, 17.1.1998, 17.6.1998, 28.4.1999, 15.9.1999, 7.3.2000, and 22.7.2000 so on to the date of maturity the amount payable was 23,940/-. Hence the said certificate and the other relevant documents pertaining to the said certificate were sent to opposite party No.1 at Kurnool through professional courier service vide receipt No 4646 dt 24.1.2001 and it was received by the Kurnool Branch on 25.1.2001 and later the office of opposite party No.1 at Kurnool was closed. After it was received by the opposite party No.1 on 25.1.2001 itself but no amount was paid to the complainant . Hence the case is filed on the opposite parties 1 and 2 for their deficiency of service taking cause of action to dt 11.6.1994 i.e date of purchase of said certificate from opposite party No.1 and to dt 11.6.2001 the date of maturity and non payment of due amount on maturity by the opposite parties.
The opposite party 1 and 2 inspite of publication of their notice in Eenadu Orissa edition did not turn up to the case proceedings in the schedule day or on subsequent day of hearing to contest the case by filing any defence to the complainants claim and averments. Hence the opposite party were set exparte on 4.8.2003.
The complainant encloses to the complaint for reliance 17 documents namely, Jibanbikas Social Welfare Endowment Certificate No. 10C-07-003547, 13 renual half yearly installment receipts dt 19.12.1994, 14,6,1995, 30.7.1996, 18.12.1995, 13.12.1996, 4.7.1997, 17.1.1998, 17.6.1998, 28.4.1998, 15.9.1999, 7.3.2000, and 22.7. 2000 letter dt Nil 1.2001 addressed by complainant to opposite party No.1 enclosing the supra Certificate and installments receipts seeking payment of mature amount, the courier receipt No. 4646 and Acknowledgement of courier receipt No 4646 by the opposite party. Even though the documents filed are Xerox copies they being not disputed by any contest the case of the complainant is remaining un-rebutted and they are accepting as a bonafide one and their by the documents are remaining worthy of consideration and admitted documents with requiring any further proof. As the sworn affidavit of the complainant filed re-iterates the complaint averments and the documents stated supra and hence they are marked as Ex A.1 to A.17 respectively.
Hence the point for consideration is whether the complainant has made out any deficiency of service of the opposite party entitling him to the reliefs sought.
The perusal of Ex A.1 discloses the purchases of the above stated endowment certificate paying RS.1, 197/-on dt 11.6.1994 agreeing to pay the amount of installment half yearly at the said rate till dt 11.12.2000 in consideration there of was issued Ex A,1 and the entitleness of the complainant to receive from the opposite party company RS.23,940/-as its matured value. The perusal of Ex A.2 to A.14 indicates the payment of the subsequent 13 installments at the said rate every half yearly. The contention of ExA.1, to ExA.14 indicates the date of maturity as 11.6.2001 and amount payable by opposite party company on said date as RS.23.940/-. The Ex.A.15 indicates the submission of all relevant papers i.e certificates and installments payment receipts on dt 24.1.2001 by the complainant to the opposite party No.1 seeking the payment of full maturity amount. The Ex A.16 indicates the sending of said certificate and installments in courier and the ExA.17 indicates receiving the said courier by the opposite party No.1.
The above said material in the absence of any contest by the opposite party remained not only unrebutted but also conclusively established as to the deficiency of service of the opposite parties to the complainant in not paying the due amount of the maturity owed to him on account of Ex A.1 to Ex A.17, hence the complainant is remaining entitled with reliefs sought.
Consequently the complaint is allowed directing the opposite parties jointly and severally to pay to the complainant maturity amount of RS.23, 940/- with interest of 9percentper annum from the date of maturity till realization along with the amount of RS.1, 500/- towards mental agony suffered and RS.500/- towards costs. Time granted for compliance for the said direction to the opposite parties is one month from the receipt of this order in default the opposite parties are liable to pay the Supra awarded amount with 12percent per annum from there on till realization.
Dictated to the Stenographer, Typed to the Dictation corrected by us, Pronounced in the open Court, this the 4th day of September 2003.
PRESIDENT
MEMBER MEMBER
