Andhra Pradesh

East Godwari-II at Rajahmundry

CC/1/2016

Alavala Venkateswara Rao - Complainant(s)

Versus

Agrigold Farm Estates India(P) Ltd., - Opp.Party(s)

D.V.K.Ramesh

13 Apr 2016

ORDER

                                     Date of filing:    30.12.2015

                                                                                             Date of Order:   13.04.2016

 

BEFORE THE DISTRICT CONSUMER FORUM-II,

EAST GODAVARI DISTRICT AT RAJAHMUNDRY

 

                          PRESENT:   Smt H.V. Ramana, B.Com., L.L.M.,   PRESIDENT(FAC)

                      Sri A. Madhusudana Rao, M.Com., B.L., MEMBER          

 

            Wednesday, the 13^th day of April, 2016

 

C.C.No.1 /2016

Between:-

 

Alavala Venkateswara Rao, S/o. Satyanarayana,

Business, R/o. D.No.7-30-18, Maturi Vari Street,

Rajahmundry.                                                                                         …        Complainant

                                    And

 

1)  Agrigold Farm Estates India (P) Ltd.,

     Branch office, D.No.36-6-13, Routhu Mansion,

     Mangalavarpupeta, Rajahmundry.

 

2)  Agrigold Farm Estates India (P) Ltd.,

     Administrative office, rep. by its General Manager,

     Agrigold House, Plot No.6, D.No.40-6-3,

     Old Revenue Colony, Nimmagadda Soma Sankara

     Rao Street, Labbipet, Vijayawada.                                                    …        Opposite parties

 

 

 

            This case coming on 12.04.2016 for final hearing before this Forum in the presence of Sri D.V.K. Ramesh, Advocate for the complainant and the opposite parties called absent and having been set ex-parte, and having stood over till this date for consideration, this Forum has pronounced the following:  

 

O R D E R

[Per Smt.H.V. Ramana, (President FAC)]

The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 to direct the opposite parties to pay Rs.2,00,000/- towards deposited amount with interest at 24% p.a. from 30.8.2014 till realization; to pay Rs.50,000/- towards compensation and damages and pay Rs.2,000/- towards complaint charges.

2.         The case of the complainant is as follows: It is submitted that the complainant deposited with the opposite parties at its office Rajahmundry, the following amounts through one of the opposite party executive who induced the complainant with more benefits a sum of Rs.2,00,000/- as follows:-

Sl. No.	Receipt No.	Reference No.	Customer ID	Date of Booking	Agent No.	Venture/ Project name and Code	O.P.	C.O.P.	Exec
1	10394 04962	AUG 14/278966/ 1102	301102 11090	30.8.14	10394 23506	SRIYA SANDER PROJECT	1035/- PER    9 SQFT	1,00,000/- PER SQ.FT	30.8.2016
2.	10394 04962	AUG 14/278966/ 1102	301102 11091	23.8.14	10394 23562	SRIYA SANDER PROJECT	1035/- PER 9 SQFT	1,00,000/- PER SQ.FT	23.8.2016

 

The 2^nd opposite party paid Rs.6,000/- and Rs.6,000/- for three months interest on the said deposits in the month of November and December, 2014 and later stopped the payment of interest as represented. The complainant approached the 1^st opposite party at Rajahmundry several times and found and astonished that the office is closed. The complainant heard news through media and newspapers that the opposite parties offices are closed and now not paying the amount to the depositors. Then, the complainant got issued legal notice on 25.8.2015 and the same is acknowledged by the 2^nd opposite party, but failed to comply the demand. Hence, the complaint.

3.         The opposite party remained ex-parte despite receipt of notices from this Forum.

 

4.         The proof affidavit filed on behalf of the complainant and Exs.A1 to A3 have been marked for the complainant.

 

5.         Heard the complainant.

 

6.         Points raised for consideration are:

           1. Whether there is any deficiency in service on the part of the opposite parties?

            2. Whether the complainant is entitled for the reliefs asked for?

            3. To what relief?

           

7.   Point Nos.1 & 2:-  The complainant submitted that he deposited an amount of Rs.1,00,000/- each on 23.8.2014 and 30.8.2014 respectively and the maturity of the deposits are 23.8.2016 and 30.8.2016 vide Exs.A1 & A2. The complainant submitted that he received interest Rs.6,000/- for the month of November, 2014 and another Rs.6,000/- for the month of December, 2014. Later, the opposite parties have not paid the interest to the complainant till date. The complainant went to the office of the opposite parties for several times, but the office is closed. Then the complainant got issued a legal notice dt.28.5.2015 vide Ex.A3 to the opposite parties, but they have not replied and kept quiet. The complainant with a fear filed this case before this Forum even though the deposits are not matured.   

The complainant filed this case before this Forum and the Forum got issued notice to the opposite parties and the notice of the 1^st opposite party returned unserved and endorsed that the 1^st opposite party left. The complainant took steps to that effect and filed publication, even then the 1^st opposite party did not appeared before this Forum and set ex-parte. The 2^nd opposite party received the notice and failed to appear before this Forum and set ex-parte.

As seen from the material on record, the opposite parties failed to appear before this Forum and the complainant contended that the opposite parties failed to pay the monthly interest as promised by them. Therefore, the complainant approached this Forum and filed all the documents and as per the documents, the complainant paid Rs.2,00,000/- to the opposite parties.

As per our observation, the complainant deposited Rs.2,00,000/- in Agrigold Farm Estates India (P) Limited, in this he deposited the above said amount in Sriya Sanders Project and they offered 9 sq. feet at Rs.1035/-, for 870 sq. feet, he paid Rs.1,00,000/- each in both the receipts, as per these receipts, the complainant purchased  plots from the opposite parties and they mentioned that the execution dates are 23.8.2016 and 30.8.2016, but as per Exs.A1 and A2, they have not mentioned that these deposits are fixed deposits and they have not mentioned the rate of interest on the receipts filed by the complainant. It is also observed that the complainant mentioned that he received Rs.6,000/- each for the months of November and December, 2014, but he has not filed any documentary evidence before this Forum. It is evident that the opposite parties failed to appear before this Forum and closed their organizations. Therefore, we direct the opposite parties to pay the amounts deposited by the complainant with interest as the complainant already admitted that he received interest of Rs.6,000/- each from the opposite parties for the months of November and December, 2014.

In view of the above discussion, the opposite parties received the amounts from the complainant for doing business and closed his premises without intimating the depositors, this amounts to deficiency in service on their part and the complainant is also entitled interest at 18% p.a. on the amount deposited with the opposite parties.      

8.  Point No.3:- In the result, the complaint is allowed in part, the opposite parties are directed to refund the amount of Rs.2,00,000/- with interest @ 18% p.a. from 01.01.2015 till realization to the complainant. We also further direct the opposite parties to pay Rs.3,000/- towards the costs of the complaint to the complainant. Time for compliance is two months from the date of this order. 

 

Dictated to the Stenographer, typed to my dictation, corrected and pronounced by us in open Forum, on this the 13^th day of April, 2016.

 

               Sd/-                                                                                           Sd/-

            MEMBER                                                                           PRESIDENT (FAC)

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR COMPLAINANT:  None.                                FOR OPPOSITE PARTIES:  None.

 

DOCUMENTS MARKED

 

 

FOR COMPLAINANT:

 

Ex.A1    Receipt dt.30.8.2014, bearing No.1039404962 with customer I.D. 30110211090.

Ex.A2    Receipt dt.23.8.2014, bearing No.1039404962 with customer I.D. 30110211091.

Ex.A3    Office copy of the notice dt.28.5.2015 along with acknowledgement.

 

 

FOR OPPOSITE PARTIES:-   - Nil –

 

 

            Sd/-                                                                                                   Sd/-

       MEMBER                                                                                 PRESIDENT (FAC)