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
Friday the 12th day of December,2003
C.D.No.14/2003
Bavigadda Ambojappa,
S/o. Bavigadda Anumaiah,
R/o. T.Narayanapuram (V),
Kaggallu Post,
Kosigi (M),
Kurnool Dist. . . .Complainant represented by his counsel
- 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 and
Investment (India)Ltd.,
Regd. Office at Madhupatna,
Cuttack, Orissa State. . . . Inperson
O R D E R
This Consumer Dispute of the complainant is under section 12 of C.P.Act, 1986 seeking a direction on the opposite parties to pay to the complainant RS. 16,186/- pre mature amount payable on Social Welfare Endowment Certificate bearing No.10c/07/7296 Dt 7.10.1995 with interest at 18% 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 7.10.1995 joining the scheme commencing from 7.10.1995 to 7.10.2002 paying RS 204/- at the time of commencement and agreeing to pay at RS.204/-per month till the last date of installment dt 7 .10.2002 and paid the said premium regularly and obtained receipts for payments from dt 7.10.1995 so on to the date 30.12.2000, the amount payable was 24,720/-. Hence the said certificate and the other relevant documents pertaining to the said certificate were sent to opposite party No.1 at Kurnool through A.N.L courier service vide receipt No 22105398 dt 21.2.2001 for premature amount and later the office of opposite party No.1 at Kurnool was closed. After the courier was received by the opposite party No.1 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 7.10.1995 i.e date of purchase of said certificate from opposite party No.1 and to dt 7.10.2002 i.e 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 on 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.
The complainant encloses to the complaint for reliance 5 documents namely, Jibanbikas Social Welfare Endowment Certificate No. 10C-07-7296 dt 7.10.1995, 2 renual monthly installment receipts dt 7.10.1995 and 30.12.2000, office copy of letter dt 21.2.2001 addressed by complainant to opposite party No.1 enclosing the supra Certificate and installment receipts seeking payment of pre mature amount, the courier receipt No. 22105398 dt 21.2.2001. 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 as admitted documents without 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.5 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 purchase of the above stated endowment certificate paying RS.204/-on dt 7.10.1995 agreeing to pay the amount of installment monthly at the said rate till dt 7.10.2002 in consideration there of was issued Ex A,1 and the entitleness of the complainant to receive from the opposite party company RS.24,720/-as its matured value. The perusal of Ex A.2 and A. 3 indicates the payment of the subsequent installments at the said rate every month. The contention of ExA.1, to ExA.3 indicates the date of maturity as 7.10.2002 and amount payable by opposite party company on said date as RS.24, 720/-. The Ex.A.5 indicates the submission of all relevant papers i.e certificates and installments payment receipts on dt 21.2.2001 by the complainant to the opposite party No.1 seeking the payment of pre maturity amount. The Ex A.4 indicates the sending of said certificate and installments in courier.
The above said material in the absence of any contest by the opposite parties 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 owed to him on account of Ex A.1 to
Ex A.3, 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.16, 186/- with interest of 12%per annum from the date of maturity till realization along with the amount of RS.1, 000/- 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 18% 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 12th day of December 2003.
PRESIDENT
MEMBER MEMBER
