IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE<br /> <br /> Dated this 6TH day of October 2010<br /> <br /> Complaint No. 592/2010<br /> <br /> Present: 1) Sri. T.H. Narayangowda, President.<br /> 2) Sri. Shivakumar.J, Member.<br /> <br /> Complainant: Smt.Girija Bai, W/o Rajakumar Singh,<br /> R/at No.94, 9th Cross, Vishweshwaraiah<br /> Cross, Vijayashreepura, Mysore.<br /> <br /> (By Sri D.S.Shivaprakash)<br /> <br /> Vs.<br /> <br /> Opponent: Managing Partner, <br /> Chanakya Finance Corporation (Regd.), <br /> No.381, 2nd Cross, Benki Nawab Street, <br /> Mandimohalla, Mysore.<br /> <br /> <br /> (Opponent - Exparte)<br /> <br /> (Order dictated by Sri. T.H.Narayana Gowda, President)<br /> <br /> ORDER<br /> <br /> This is a complaint filed by the complainant under section 12 of the C.P.Act against the opponent for directing to pay the F.D. amount of Rs.50,000/-, interest of Rs.9,000/- upto the date of filing the complaint and damages of Rs.15,000/- and in all Rs.74,000/- along with further interest at the rate of 18% p.a. from the date of complaint till the date of payment and cost of the complaint, etc., . <br /> <br /> 2) The case of the complainant in brief as set out in the complaint is as follows:-<br /> That on the persuation of the opponent, the complainant has deposited a sum of Rs.50,000/- in the opponent’s Finance Corporation on 10.02.2010 as the F.D. for a period of one year. The opponent has agreed to pay the monthly interest at the rate of 12% p.a. on every month regularly and the F.D. amount after the date of maturity. Accordingly, the opponent has issued the F.D. receipt bearing No.249 dated 10.02.2010. Subsequently, the opponent has failed to pay the interest inspite of repeated demands. Hence, the complainant has decided to withdraw the F.D. amount and got issued the legal notice dated 09.07.2010 to the opponent, demanding to pay the F.D. amount along with accrued interest. In spite of the same, the opponent has failed to comply with the said notice. Thus, the opponent has deliberately caused inconvenience to the complainant by withholding the payment of her F.D. amount and thereby committed the deficiency in service. Hence, this complaint is filed against the opponent for directing to pay the F.D. amount along with interest, compensation and cost as claimed in the complaint. <br /> <br /> 3) The notice of the complaint issued to the opponent by RPAD returned unserved as not claimed. Hence, service was held sufficient and placed him 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 in support of her case and closed her side. Hence, thereafter heard the arguments of the complainant’s counsel and then, posted the case of order. <br /> <br /> 4) In view of the facts and circumstances of the case and the arguments submitted by the complainant’s counsel, the points that would arise for our consideration are as follows:-<br /> <br /> 1) Whether the complainant is entitled for the reliefs sought for in the complaint?<br /> 2) What Order?<br /> <br /> 5) Our findings on the aforesaid points are as follows:-<br /> <br /> Point No.1:- Partly in the affirmative. <br /> Point No.2:- As per final order for the following, <br /> <br /> REASONS<br /> <br /> 6) Point No.1:- As already stated above, in order to establish her case, the complainant has filed her 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 her case made out in the complaint. Thus, the oral evidence of the complainant fully corroborate her case made out in the complaint including the demands made by her for the payment of the F.D. amount. Apart from the said oral evidence, the complainant has also relied upon the documents namely, original F.D. receipt bearing No.249 dated 10.02.2010, office copy of the legal notice dated 09.07.2010, postal receipt and the returned postal envelop with acknowledgement in support of her case made out in the complaint. The contents of the said documents also fully corroborate her oral evidence and her case made out in the complaint also fully support her case made out in the complaint. Likewise, the oral and documentary evidence placed on record by the complainant fully support her 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 the circumstances, we have no other alternative except to believe the said evidence of the complainant and her case made out in the complaint. <br /> 7) In view of all the aforesaid reasons, we hold that the complainant has established her case made out in the complaint. The facts and circumstances of the case and the material discussed above, clearly indicate that the opponent has failed to pay the F.D. amount 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.500/- to the complainant. Having regard to the, present banking rate of interest and the pre-mature claim made by the complainant, we feel it just and reasonable to grant interest at the rate of 6% p.a. from the date of deposit till the date of payment. Accordingly, we answer to point No.1 partly in the affirmative. <br /> <br /> 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 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, <br /> :: O R D E R ::<br /> <br /> The complaint is allowed in part and the opponent is directed to pay the F.D. amount of Rs.50,000/- to the complainant along with interest at the rate of 6% p.a. from the date of deposit i.e. from 10.02.2010 till the date of payment. <br /> <br /> The opponent is also directed to pay the compensation and costs of Rs.500/- to the complainant. <br /> <br /> All the aforesaid amounts shall be paid to the complainant within 45 days from the date of receipt of copy of this order. <br /> <br /> Furnish the copy of this order to both the parties free of costs as per Rules.<br /> <br /> (Order dictated, corrected and then pronounced in the open Forum on this 6th day of October 2010)<br /> <br /> <br /> <br /> Member. President.<br /> <br /> <br /> <br /> S.R.L<br />