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
Wednesday this the 30th day of April, 2003
C.D.No.50/2002
Tingari Abdul Khasim,
S/o. T.Hussain Sab,
H.No.25/772,
Nalband Street,
Adoni . . . Complainant represented by his
Counsel Sri S.Malik Basha.
-Vs-
- The Branch Manager,
Rep to Jibanbikash General Finance & Investment (India) Limited,
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 complaint of the complainant is filed Under Section 12 of C.P.Act, 1986, seeking direction against the opposite party to pay him the maturity amount of RS.23, 940/- with interest of 18% Per annum from the date of maturity, RS.5, 000/- towards mental agony and RS.5,000/- 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 deposited 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.603/- for 13 quarterly 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/07/3883, dated 30.7.1994 and the maturity date of the said scheme was 30.7.2001. On maturity date the opposite party has to pay RS.23, 940/-. The complainant after the maturity date send all the original certificates to the opposite party No.1 on 25.2.2001 through develop courier service No.14234 ands it was returned with an endorsement as door locked. There after the office of opposite party could not be traced. The conduct of the opposite party in evading to pay the maturity amount held deficiency of service to the complainant. Hence the complainant is entitled to the maturity amount with interest from the date of maturity till realization.
In support of the complainants contentions the complainant relied upon 13 original installments payment receipts, Jibanbikash Social Welfare Endowment Certificate bearing No. 10 C/07/3883, dated 30.7.94 and a covering letter of the complainant to the opposite party No.1 send through courier requesting to send the maturity amount and they are marked as ExA.1 to ExA.15 for their appreciation in this case. The complainant also fled his affidavit re-iterating his clam of the complaint.
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.603/- for 13 quarterly installments and the opposite party also issued a certificate bearing No.10 C/07/3883 dated 30.7.1994 and the maturity date is fixed to 30.7.2001 and on maturity the opposite parties has to pay RS.23, 940/-. After maturity the complainant approached the opposite party office but to the surprise of the complainant the office Opposite party No.1 is vacant and could not know the where abouts of the opposite party no. 1. The complainant also got issued a notice in Newspaper, and even after the publication of notice the opposite party remained absent. As the opposite parties to rebutt the contentions of the complainant hence brought no material on record, the contentions of the complainant stands unrebutted. It s clear from Ex.A.2 to ExA.14 that the complainant paid RS.603/- for 13 quarterly installments and relying on ExA.1 wherein it was mentioned that the maturity date is fixed to 30.7.2001 and after 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 maturity 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 maturity amount of RS.23, 940/- 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.5000/- and RS.500/- as compensation and costs.
In the result the complaint is allowed directing the opposite parties to pay the maturity amount of RS.23,940/- to the complainant with 9% interest per annum from the date filing of the case i.e. 16.2.2002, RS.5000/- and RS.500/- as compensation and costs. The opposite parties are granted one month 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 9th day of May, 2003.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
List of exhibits marked for the complainant:-
Ex.A1 Original bond No.10C/07/003883 dated 30.04.2001 issued by the opposite parties in favour of the complainant.
Ex.A2 Original Investments receipt No.110484 dated 30.07.1994
issued by the opposite party to the complainant.
Ex.A3 Original receipt No.261353 dated 31.10.1994 issued by the opposite party to the complainant.
Ex.A4 Original receipt No.279789 dated 31.12.1994 issued by the opposite parties to the complainant.
Ex.A5 Original receipt No.289454 dated 13.04.1995 issued by the opposite parties to the complainant.
Ex.A6 Original receipt No.243047 dated 18.07.1995 issued by the opposite parties to the complainant.
Ex.A7 Original receipt No.243816 dated 07.11.1995 issued by the opposite parties to the complainant.
Ex.A8 Original receipt No.275792 dated 27.02.1996 issued by the opposite parties to the complainant.
Ex.A9 Original receipt No.284322 dated 02.05.1996 issued by the opposite parties to the complainant.
Ex.A10 Original receipt No.307912 dated 06.09.1996 issued by the opposite parties to the complainant.
Ex.A11 Original receipt No.294349 dated 12.11.1996 issued by the opposite parties to the complainant.
Ex.A12 Original receipt No.321616 dated 21.02.1997 issued by the opposite parties to the complainant.
Ex.A13 Original receipt No.32389 issued by the opposite parties to the complainant.
Ex.A14 Original receipt No.333007 dated 18.08.1997 issued by the opposite parties to the complainant.
Ex.A15 Xerox copy of covering letter addressed to General Finance and Investments (India) Limited dated 25.01.2001.
List of exhibits marked for the opposite parties:- Nil
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
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Complainant and Opposite parties :
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