Date of Filing : 24.06.2011
Date of Order : 29.09.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 29th SEPTEMBER 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
COMPLAINT NO. 1158 / 2011
Smt. D.S. Vasundhara Devi,
#8-2-15, SKPT Street,
Hindupur – 515 201. ……. Complainant
V/s.
The Chairman & Managing Director,
Mukunda Industrial Finance Ltd.,
Regd. Office, HBR Complex,
No. 328/12, 14th Cross,
2nd Block, Jayanagar,
Bangalore – 560 011. …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986.
Brief facts of the case are that Complainant had deposited Rs.78,000/- with OP. Interest rate was @ 12.5% P.A. and maturity date was on 25.03.2011. She is entitled for the interest from 01.03.2011 till date. OP Company has paid interest regularly from the date of investment, but it did not pay interest from February onwards. The date of maturity is on 25.03.2011. The Complainant has surrendered F.D. Receipt to the office of the OP in the month of March 2011. There is no proper response about the maturity amount. Complainant has fed-up with the behaviour of the management. Therefore, she approached the Forum seeking direction to the OP to pay matured amount with interest.
2. After admitting the Complaint, notice was sent to OP by RPAD and the same was duly served, but OP has not appeared before the Forum. Therefore, OP was placed exparte. Complainant has filed his affidavit evidence. Perused the Complaint, affidavit evidence and documents.
3. Complainant has produced copy of the deposit Receipt. As per this Receipt Rs.78,000/- was deposited with OP. The date of deposit on 25.03.2008 and the date of maturity on 25.03.2011. The Complainant has produced acknowledgement of the OP wherein OP has acknowledged that original F.D. Receipt was received from the Complainant. It is the case of the Complainant that OP has paid the interest upto February 2011 and from March 2011 interest is not paid. Even though original deposit Receipt was surrendered to the OP seeking matured amount in the month of March itself, but OP was not properly responding and not taken any steps to make the payment of maturity amount as per their commitment. Therefore, Complainant was forced to approach Forum for getting justice. The case of the Complainant has gone unchallenged. OP has not appeared and contested the case for the reasons best known to them. The case of the Complainant shall have to be accepted as true and correct. Complainant is definitely entitled for maturity amount of Rs.78,000/- and she is also entitled for interest @ 12.5% P.A. from March 2011 till the date of payment as agreed by the OP. In the result, I proceed to pass the following:
ORDER
Complaint is allowed. OP is directed to pay Rs.78,000/- towards deposit amount along with interest @ 12.5% P.A. from the month of March 2011 till the date of payment within 30 days from the date of this order.
Complainant is also entitled for Rs.1,000/- as costs of the proceedings from the OP.
Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 29th day of September 2011.
Order accordingly
PRESIDENT
I concur the above findings
MEMBER
