DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009. consumer case(CC) No. CC/10/589
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE Dated this 6TH day of October 2010 Complaint No. 589/2010 Present: 1) Sri. T.H. Narayangowda, President. 2) Sri. Shivakumar.J, Member. Complainant: M.Basavaraju, S/o late Mahadevaiah, D.No.4612/1, L-13, 3rd Cross, St.Marys Road, N.R.Mohalla, Mysore. (By Sri. D.S.Shivaprakash, Advocate). Vs. Opponents: Chanaykya Finance Corporation (Regd.), No.381, 2nd Cross, Benki Nawab Street, Mandimohalla, Mysore. (Opponent is exparte) (Order dictated by Sri. T.H.Narayana Gowda, President) ORDER This is a complaint filed by the complainant u/s. 12 of the C.P. Act against the opponent for directing to pay the F.D. amounts of Rs.4,30,000/ in all, interest of Rs.38,700/- upto the date of complaint and damages of Rs.50,000/- and in all Rs.5,18,700/- along with further interest at the rate of 18% p.a. from the date of complaint till the realization and cost of the complaint etc., 2) The case of the complainant in brief as set out in the complaint is as follows:- That on the pursuation of the opponent, the complainant has deposited a sum of Rs.4,30,000/- in all in the opponents Finance Corporation as 6 F.Ds on different dates for different periods. The opponent has agreed to pay the monthly interest at the rate of 12% on the aforesaid F.D. amounts. Subsequently, the opposite party has also got renewed the F.D.s upto the year 2011 and the opponent has paid the monthly interest at the agreed rate of 12% p.a. upto December 2009. Subsequently, the opponent has failed to pay the interest on the said F.D. amounts from 01.01.2010 and onwards in spite of repeated demands. Hence, the complainant has decided to withdraw the F.D. amounts and got issued the legal notice dated 06.07.2010 to the opponent demanding him to pay the said F.D. amounts along with interest from 01.01.2010 and onwards. In spite of the same, the opponent has failed to comply with the said notice. Thus, the opponent has deliberately avoided to pay the F.D. amounts belonging to the complainant and thereby committed the deficiency in service. Therefore, the opponent is also liable to pay the compensation apart from the refund of the F.D. amounts along with interest from 01.01.2010 and onwards. Hence, this complaint is filed against the opponent for recovery of the F.D. amounts along with compensation and cost of the complaint. 3) Inspite of issuing of notice of the complaint to the opponent by RPAD, the said notice returned unserved as not claimed. Hence, service is held sufficient and opponent was placed exparte and then posted the case for evidence of the complainant. Thereupon, the complainant has filed his affidavit in lieu of evidence and relied upon several documents and closed his side. Hence, thereafter, heard the arguments of the complainants counsel and then posted the case for orders. 4) In view of the facts and circumstances of the case and the arguments submitted by the complainants counsel, the points that would arise for our consideration are as follows:- 1) Whether the complainant is entitled for the reliefs sought for in the complaint? 2) What Order? 5) Our findings on the aforesaid points are as follows:- Point No.1:- Partly in the affirmative. Point No.2:- As per final order for the following, REASONS 6) Point No.1:- As already stated above, in order to establish his case, the complainant has filed his affidavit in lieu of evidence and relied upon several documents. In the affidavit, the complainant has duly sworn on oath in respect of all the averments of his case made out in the complaint. Thus the said evidence of the complainant fully support his case made out in the complaint including the demands made by him for the payment of F.D. amounts along with interest. Apart from the said oral evidence, the complainant has also relied upon the documents namely, original F.D. receipts bearing Nos.386, 824, 008, 704, 1005 and 1028 dated 08.03.03, 17.04.06, 15.12.06, 30.05.07, 19.05.08 and 24.05.08 respectively, office copy of the legal notice dated 06.07.2010, postal receipt and returned postal envelop in support of his case made out in the complaint. The contents of the said documents relied upon by the complainant also fully support his case made out in the complaint. Thus, the oral and documentary evidence placed on record by the complainant fully support his case made out in the complaint. The said evidence of the complainant is neither challenged nor rebutted by the opponent in any manner. Thus, the said evidence of the complainant remained unchallenged. Hence, under these circumstances, we have no other alternative except to believe the said evidence and the case of the complainant. 7) In view of all the aforesaid reasons, we have no other alternative except to hold that the complainant has establish his case by placing sufficient material on record. The facts and circumstances of the case and the material discussed above, clearly indicate that the opponent has failed to pay the monthly interest from January 2010 and onwards and also F.D. amounts in spite of repeated demands made by the complainant and thereby caused inconvenience to the complainant and thus, there is deficiency in service. Therefore, the opponent is also liable to pay the reasonable compensation and cost of Rs.1,200/- apart from the refund of the F.D. amounts along with interest. Admittedly, the opponent has paid the interest upto December 2009 and therefore, the complainant is entitled for the interest from 01.01.2010 and onwards. Having regard to the present banking rate of interest and the pre-mature nature of claim made by the complainant, we feel it just and reasonable to grant further interest at the rate of 6% p.a. from 01.01.2010 till the date of payment. Accordingly, we answer point no.1 partly in the affirmative. 8) Point No.2:- In view of the reasons and finding recorded on the point No.1, we hold that the complainant is entitled for the recovery of the F.D. amounts along with further interest, compensation and costs as stated above. Accordingly, the complaint deserves to be allowed in part in the ends of justice. Hence in the final result, we proceed to pass the following, :: O R D E R :: The complaint is allowed in part and the opponent is directed to pay the F.D. amounts of Rs.4,30,000/- in all to the complainant along with further interest at the rate of 6% P.A. from 01.01.2010 till the date of payment. The opponent is also directed to pay the compensation and costs of Rs.1,200/- to the complainant. All the aforesaid amounts shall be paid to the complainant within 45 days from the date of receipt of copy of this order. Furnish the copy of this order to both the parties free of costs as per Rules. (Order dictated, corrected and then pronounced in the open Forum on this 6th day of October 2010) Member. President. S.R.L.
