BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

DATE: 31^st day of July 2015        

PRESENT:

1) Shri B.H.Shreeharsha       : President

2) Smt.M.Vijayalaxmi             : Member 

Complaint No.: 157/2015    

Complainant/s:

1. Rayappa s/o.Mallappa Bandargal,                     Age: 82 years, Occ: Retired

2. Smt. Shivabai Rayappa Bandargal,                    Age: 73 years, Occ: Household

3. Jagadishchandra Rayappa Bandargal,             Age: 47 years, Occ: Private Service

4. Shivalingamma Rayappa Bandargal,                   Age: 45 years, Occ: Teacher

5. Annapurna Rayappa Bandargal,                         Age: 43 years, Occ: Household

All R/o. ‘Matrukrupe’, Indrakeel Nagar, Gadag Road, Koppal 583 231.

(By Sri.B.S.Hoskeri, Adv.)

v/s

Respondent/s:

1. Banashri Teak & Plantations Pvt. Ltd., Regd. Office: 67-68, 2^nd Floor, Eureka Center, Koppikar Road, Hubballi 580020. R/by its Managing Director.

2. Mr.Hemraj A.Badni, Chairman, Banashri Teak & Plantations Pvt. Ltd., Near Kashi Vishwanath Temple, Keshwapur, Hubballi 580024

O R D E R

By: Shri. B.H.Shreeharsha : President.

1.     The complainants.1 to 5 have  filed this complaint claiming for a direction to the respondents to pay Rs.65000/- with interest @12% P.A. from October 2014 till payment along with Rs.20000/- towards compensation to each, for cost of the proceedings and to grant such other reliefs.

Brief facts of the case are as under:

2.     The case of the complainants is that, the complainants 1 to 5 claims to be repayment of the matured amount under the different deposit receipts in which  they have invested Rs.500/- with the respondent.2 in the respondent.1’s scheme by name Teak Tree Adoption which is to be matured after 20 years will get a tree worth Rs.65000/- on the amount and the details of the investment are as under:

3.     After receiving the money for the above scheme respondents have also insured the life of the complainants for Rs.25000/- each & in all the investments nomination facilities have been availed. The said investment was made when the complainants were residing at Ilkal town of Bagalkot District & they have invested the same for their future life. After the complainants changed their residential place and are residing in the given address in cause title at Koppal. While changing the address they have intimated the respondents through letter. Those letters returned unserved. All the certificates due & matured for payment on 10.10.2014. After due date as the complainants were in need of money the complainants demanded for refund of the same, but the respondent not refund the amount. Hence, the complainant got issued cause notice to the respondents claiming to refund the same with interest. But all the notices sent were returned unserved with endorsement unclaimed. Hence, the complainants filed the instant complaint praying for the relief as sought.

4.     The notices issued from this Forum to respondents returned unserved with a postal endorsement refused, left not known and for other reasons. Hence, the complainants took notice to the respondents by substitute service by the order of this Forum vide paper publication fixing the date for appearance 16.07.2015. On that day complainant produced duly published paper to the Forum. Parties called, absent. Hence, respondents were placed exparte and exparte proceedings initiated against them.

5.     On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

  Complainant admits sworn to evidence affidavit, relied on 26 documents. Heard. Perused the records.

Finding on points is as under.

1.  Affirmatively
2.  Accordingly 
3.  As per order

Reasons

Points 1 and 2

6.     Since the respondents remained absent and exparte proceedings has been initiated the complaint averments remained unimpeached. On going through the Ex.C1 -10 reveals that the complainants have invested the amount and the same were matured and inspite of repeated requests and demands the respondents did not refund the amount and have committed deficiency in service amounting to unfair trade practice. Hence, the complainants are entitled for the amount as per the bonds tree certificates Ex.C-2 to 6. On perusal of those documents there found no infirmities in the documents and hence those certificates were believed & accepted.. Since the respondents are making use of the amount and the complainants are deprived of the same the respondents are liable to refund the same with future interest @10% P.A. from the date of maturity till realization with compensation and also to pay cost of the proceedings.

7.     In view of the above discussions we have arrived and proceed to held issue.1 and 2 in affirmative and accordingly.

8.     Point.3: In view of the finding on points 1 and 2 proceeded to pass the following 

Order

Complaint is partly allowed. The respondent.1 and 2 jointly and severally refund the amount to all the complainants as per the teak tree adoption certificate with future interest @10% P.A. thereon from the date of maturity till realization along with Rs.2,000/- towards compensation and Rs.1,000/- towards cost of the proceedings within 30 days from the date of receipt of copy of this order.  

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 31^st day of July 2015)

(Smt.M.Vijayalaxmi)                                      (Sri.B.H.Shreeharsha)

Member                                                           President

Dist.Consumer Forum                                    Dist.Consumer Forum

MSR