Before the District Forum, Kurnool
Present: Sri K.V.H.Prasad, B.A., L.L.B., President
And
Smt C.Preethi, M.A., L.L.B., Member
Sri R.Ramachandra Reddy, B.Com., L.L.B., Member
Tuesday this the 10th day of June, 2003
C.D.No.15/2003
Bavigadda Thikkaiah,
S/o.Bavigadda Erranna,
R/o. T.Narayanapuram(V),
Kaggallu Post,
Kosigi (M),
Kurnool Dist. . . . Complainant represented by his counsel
Sri S.Malik Basha
-Vs-
- The Branch Manager,
Rep to Jibanbikash General Finance and
Investment (India) Ltd.,
Office at Jayashree Complex,
Opp. To Variety Theatre,
Kurnool.
- The Managing Director,
Jibanbikash General Finance &
Investment (India) Ltd.,
Office at Madhupatna,
Cuttack - 753010
Orissa State. . . . Opposite Parties
O R D E R
This CD complaint of the complainant is filed Under Section 12 of C.P.Act, 1986, seeking direction against the opposite party to pay him the pre-mature amount of RS.15, 480/- with interest of 18% Per annum from the date of maturity, RS.2, 000/- towards mental agony and RS.500/- as costs.
The case of the complainant is that Opposite Party No.1 is the Branch Office and Opposite party No.2is the registered firm represented by its managing Director and having its head office at Madhupatna, Cuttack Orissa. It floated a scheme and invited public for deposits and repayment of deposite amount on maturity date with attractive rates of interest. The complainant being attracted by the scheme joined Jibanbikash Social Welfare Scheme as per the terms and conditions of the scheme the complainant paid RS.204/- till August 2000 monthly installments regularly. The opposite party received the amount and issued receipts for every payment and also issued a Social Welfare Endowment Certificate bearing office No and certificate No. 10 C/07/7297, dated 7.10.1995 and the maturity date of the said scheme was 7.10.2002. The complainant before the maturity date sent all the original certificates to the opposite party No.1 on 21.2.2001 through ANL parcel courier service No.22105398 and it was returned with an endorsement as door locked. There after the office of opposite party No.1 could not be traced. The conduct of the opposite party in evading to pay the pre-mature amount held deficiency of service to the complainant. Hence the complainant is entitled to the pre-mature amount with interest .
In support of the complainants contentions the complainant relied upon (1) 2 original installments payment receipts, dated 10.11.1995 and 16.8.2000 (2) Jibanbikash Social Welfare Endowment Certificate bearing No. 10 C/07/007297, dated 7.10.1995 (3) covering letter of the complainant to the opposite party No.1 sent through courier requesting to send the pre-mature amount dated 21.2.2001 (4) Receipt of ANL courier service dated 21.2.2001 and they are marked as ExA.1 to ExA.4 for their appreciation in this case. The complainant also fled his affidavit re-iterating his claim of the complaint and documents.
The opposite party did neither received the notice of the Forum nor appeared before the Forum even after publication in NewsPaper and remained absent to the proceedings of the case. Hence the case is proceeded exparte on the basis of the material available on record.
Hence the point for consideration is to what relief the complainant is entitled to?:-
It is the case of the complainant that he joined the Jibanbikash Social Welfare Scheme and paid RS.204/- till August 2000, monthly installments and the opposite party also issued a certificate bearing No.10 C/07/7297 dated 7.10.1995 and the maturity date is fixed to 7.10.2002. Before the maturity of the said certificate the complainant approached the opposite party office for pre mature amount but to the surprise of the complainant the office Opposite party No.1 is vacant and could not know the where abouts of it. The complainant also got issued a notice in Newspaper, and even after the publication of notice the opposite party remained absent to the proceedings of the case. In the absence of any material rebutting the contentions of the complainant, the contentions of the complainant stands unrebutted. It s clear from Ex.A.2 that the complainant paid RS.204/- monthly installments and relying on ExA.1 wherein it was mentioned that the maturity date is fixed to 7.10.2002 but before the maturity date the opposite party evaded to make any payment to the complainant, the opposite party there after committed default in not paying the amount to the complainant, the complainant remains entitled to the interest also on the pre-mature amount.
The complainant further relies on the decision of the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Neela Vasant Raje Vs Among Industries and Another 1993(3) CPJ, page 345, where in it was held when a company or a firm invites deposits on a promise of attractive rates of interest is service and the depositor is a Consumer.
In the light of the above decision the District Forum can entertain the complaint of the complainant as he is a Consumer under C.P.Act, 1986.
To sum up of the above discussion and in the light of the above decision the complainant is allowed directing the opposite party to pay the pre-mature amount of RS.15, 480/- to the complainant and as the opposite party has driven the complainant to seek redressal in the Forum by their defaultive conduct and deficiency of service, an amount of RS.1, 500/- and RS.500/- as compensation and costs.
In the result the complaint is allowed directing the opposite parties to pay the pre-mature amount of RS.15, 480/- to the complainant with 9% interest per annum from the date filing of the case i.e. 14.2.2003
RS.1, 500/- and RS.500/- as compensation and costs. The opposite parties are granted one month time for compliance of the above Order and failing which the opposite parties is to pay the amount with 12% interest per annum from the date of filling of the case till realization.
Pronounced in the Open Court, this the 10th day of June, 2003
PRESIDENT
MEMBER MEMBER
