Karnataka

Chitradurga

CC/1/2018

G.Raghavendhra rao S/o Narasinghaachar - Complainant(s)

Versus

A.JakeerHussain - Opp.Party(s)

Sri.H.K.Vijayakumar

22 Mar 2018

ORDER

COMPLAINT FILED ON:01/01/2017

DISPOSED      ON:22/03/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 1/2018

 

DATED: 22^nd MARCH 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGDCLP  

……COMPLAINANT/S	G. Raghavendra Rao, S/o G. Narasingachar, Aged about 75 Years, Sri Laxmi Narasimha Nilaya, Near Masjid, Filter House Road, Chitradurga.   (By Shri/Smt.H.K. Vijayakumar, Advocate)
V/S
…..OPPOSITE PARTY	A. Jakeer Hussain, Proprietor: Karnataka Timber Depot and Furniture, Chitradurga Jilla Kattada Nirmana Karmikara Sangha, Opp: Head Posr Office, Chitradurga.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.50,000/- towards loss and injury with interest at the rate of 12% p.a with costs and such other reliefs.   

2.      The brief facts of the case of the above complainant are that, OP is the proprietor of Karnataka Timbers and Furniture, offered to conduct benefit scheme for friends and relatives.  Complainant is also the friend to OP.  The complainant has applied for scheme for a period of 12 months Each member have to pay 12 installments of Rs.1,500/-.  Complainant has paid Rs.100/- for membership charge.  The complainant has paid 12 months installments to the OP, in all Rs.15,000/-.  The first installment started in the month of October 2015.  During the 12 months scheme, the complainant never became winner in any monthly draw.  As per the terms and conditions of the scheme, the OP has to give furniture to the complainant after completion of the scheme as mentioned in the beginning of the scheme.  After completion of the aforesaid scheme, the OP did not give the furniture mentioned by the complainant.  The complainant being a handicapped person approached the OP several times and requested to give furniture as per the terms and conditions of the scheme.  But, the OP drag on the matter on one or the other reason.  Ultimately, the complainant write a letter to the OP on 26.08.2017, OP has given evasive answer to the complainant and refused to give furniture as per the terms and conditions of the scheme.  On account of dereliction of duty and negligence on the part of OP, the complainant has suffered loss and injury on account of deprivation, harassment, mental agony and loss of time and work, for this OP is liable to pay the compensation.  The OP are miserably failed to discharge their obligation as per the terms and conditions of the scheme.  The cause of action for this complaint arose when the completion of the benefit of scheme in the month of October 2016 and also on 26.08.2017 when the complainant has given letter to the OP to give furniture and when the OP refused to provide furniture, which is within the jurisdiction of this Forum.  Hence, prayed for allow the complaint.          

3.      After issuance of the notice to the OP, the same was served to the OP but, not appeared before this Forum and it has been placed ex-parte. 

4.      Complainant himself examined as PW-1 by filing affidavit evidence and relied upon the documents Ex.A-1 to A-5 were got marked and closed his side.

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

(1)  Whether the complainant proves that the OP has committed deficiency of service for non-settling the claim as per the terms and conditions of the scheme and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, the complainant has obtained membership from the OP.  As per the terms and conditions of the scheme, the complainant has paid Rs.1,500/- to the OP every month and complainant also paid Rs.100/- towards the membership charge.  As per the terms and conditions of the scheme, the complainant has paid 12 instalments to the OP, in all he has paid Rs.18,000/-.  After that, the complainant requested to supply wardrobes and standing fan.  After completion of the entire scheme, the complainant never became a winner in any monthly draw.  The complainant has approached the OP asking to supply the furniture but, the OP drag on the matter on one or the other reasons.  Ultimately, the complainant issued a letter to the OP on 26.08.2017 and requested to supply the furniture.  But, the OP failed to supply the furniture and did not give any reply to the letter given by the complainant. 

       9.         We have gone through the entire documents filed by the complainant.  The documents Ex.A-1 is the broacher No.1415 with regard to the scheme.  The complainant furnished Ex.A-2 the payment receipts 10 in numbers.  Ex.A-3 is the letter written by the complainant to the OP on 26.08.2017 requesting to settle the claim.  Ex.A-4 is the postal receipt and Ex.A-5 is the served acknowledgement.  The complainant is the friend of OP and the OP started benefit scheme and offered to pay a sum of Rs.1,500/- p.m in installments to get the benefit in the scheme.  As per the offer made by the OP, the complainant has paid the first installment of Rs.1,500/- and Rs.100/- as member ship fee.  As per the documents produced by the complainant clearly goes to show that, the complainant has paid 10 installments to the OP in all a sum of Rs.15,000/- but, the OP neglected to settle the claim and failed to supply the furniture as per the terms and conditions of the scheme, which is a deficiency in service and unfair trade practice.  Hence, we come to the conclusion that, the complainant is entitled to get the compensation from the OP.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.15,000/- to the complainant along with interest at the rate of 12% p.a from the date of first installment i.e., from the month of October 2015 till realization.

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and  Rs.5,000/- towards cost of the proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 22/03/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

 

01	Ex-A-1:-	Broacher
02	Ex-A-2:-	10 Original receipts
03	Ex-A-3:-	Copy of the letter dated 26.08.2017
04	Ex.A-4:-	Postal receipt
05	Ex.A-5:-	Postal acknowledgement

 

Documents marked on behalf of OP:

-NIL-

 

MEMBER                                                            PRESIDENT

Rhr**