Before the District consumer 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
Saturday the 2nd day of August, 2003
C.D.No.62/2002
Kirani Akbar,
S/o. K.Hazarath Saheb,
H.No.6/230,
Opp. Bada Kamela,
Theliwada,
Adoni. … Complainant represented by his
Counsel Sri S.Malik Basha, Advocate
-Vs-
- The Branch Manager,
Represented To Jibanbikash General
Finance & Investment (India) Limited,
Office at Jayashree Complex,
Opp. To Variety Theatre.
Kurnool.
- The Managing Director,
Jibanbikash General Finance &
Investment (India) Limited,
Office at Madhupatna,
Cuttack –653 010
Orissa State. . . . Inperson.
O R D E R
1. This Consumer Dispute of the complaint is under section 12 of C.P.Act, 1986 seeking a direction on the opposite party to pay the complainant RS.80,000/- maturity amount payable on single deposit scheme bearing Money receipt No.1245 dated 14.5.1996 with interest at 18% per annum from the date of maturity till realization, RS.5,000/- for mental agony and RS.500/- as costs of the case and the other reliefs which the complainant is entitled to the efficiency of the case.
2. The brief facts of the complainants is that the complainant enrolled in the Jiban Deep Housing Finance Limited under single deposit scheme, the said scheme commencing from 14.5.1996 to 14.5.2001 paying RS 40,000/- at the time of commencement vide money receipt No.1245 dated 14.5.1996 and agreeing to pay Rs. 80,000/- on to the date of maturity i.e 14. 5.2001. Hence the said money receipt and the other relevant document pertaining to the said money receipt were sent to opposite party No.1 at Kurnool through professional courier service vide receipt No. 4642 on 24.1.2001 and it was received by the office of opposite party No.1 at Kurnool but no amount was paid and the office of the opposite party No.1 was closed later. Hence the case is filed on the opposite parties 1 and 2 for their deficiency of service taking cause of action to dated 14.5.1996 i.e date of purchase of said certificate from opposite party No.1 and to dated 14.5.2001 the date of maturity and non payment of due amount on maturity by the opposite parties.
3. 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.
4. The complainant encloses to the complaint for reliance 3 documents namely, Jibandeep Housing Finance limited money receipt No.1245, covering letter of the complainant dated 24.1.2001,enclosing the supra money receipt seeking payment of mature amount and the Xerox of the courier receipt No. 4642. 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.3 respectively.
5. 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.
6. The perusal of Ex A.1 discloses the purchase of the above stated money receipt paying RS.40,000/-on 14.5.1996, agreeing to pay the matured amount to the complainant on 14..5.2001 in consideration there of was issued Ex A.1 and the entitleness of the complainant to receive from opposite party company RS.80, 000/-as its matured value. The contention of ExA.1 indicate the date of maturity as 14.5.2001 and amount payable by opposite part company on said date as RS.80,000/-. The ExA.3 indicates the submission of all relevant papers i.e money receipt on dated 24.1.2001 by the complainant to the opposite party No.1 seeking the payment of full maturity amount. The Ex A.2 indicates the sending of said money receipt of RS.40,000/-in courier.
7. 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 party to the complainant in not paying the due amount of the maturity owed to him on account of Ex A.1 to Ex A.3 hence the complainant is remaining entitled with reliefs sought.
8. Consequently the complaint is allowed directing the opposite party jointly and severally to pay to the complainant maturity amount of RS.80,000/-with interest 9% from the date of maturity till relization along with the amount of RS.3,000/- towards mental agony suffered and RS.500/- towards costs. Time granted for compliance for the said direction to the opposite party is one month from the receipt of this order in default the opposite party are liable to pay the Supra awarded amount with 12% 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 2nd day of August, 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 Attested copy of Money receipt No.124 dated 14.05.2001.
Ex.A2 Attested copy of Professional Courier Service Acknowledgement Receipt No.4644 dated 25.01.2001 by the Branch Office.
Ex.A3 Attested copy of Covering Letter dated 24.01.2001 addressed to Jibanbikash General Finance and Investment (India) Limited, Kurnool.
List of Exhibits marked for the opposite parties :- Nil
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
