BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.492/2015

DATED ON THIS THE 23^rd November 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite parties to pay a sum of pay `4,50,000/- with interest at 12% p.a, and also damages and litigation expenses.
2.     The brief facts alleged in the complaint are that the opposite party No.1 is the Firm carrying on business of accepting deposits of money from public and lending money to the public at its principal place of business in Mysuru. Opposite party No.2 to 12 are the partners of the said Firm.  At the instance of opposite party No.2, who is mainly managing the day to day affairs of the opposite party No.1, complainant has deposited a sum of Rs.4,50,000/- on different dates as detailed below:-

1.     Said deposits were subject to automatic renewal till repayment of the principal amount and carry interest at 12% p.a.  Subsequently no payment was made.  Opposite party No.2 assured the complainant to pay the said sum with interest.  Subsequently, when the complainant enquired came to know that opposite party No.1 had huge amounts to receivable and the complainant amount will be paid immediately.  Thereafter no amount was paid by the opposite parties, it amounts deficiency in service, hence this complaint is filed.
2.     After registering the complaint, notice was issued to the opposite parties, opposite party No.1 to 3, 6 and 12 absent placed exparte.  Whereas opposite party Nos.4, 5, 7 to 11 are represented through their advocate, but not filed version.  Then this matter is set down for evidence.
3.     During evidence, on behalf of complainant, affidavit evidence was filed.  Further evidence closed.  After hearing arguments, this matter is set down for judgement.
4.      The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency in service on the part of opposite parties in not refunding the amount deposited by her/him with interest, thereby, the complainant is entitled for the reliefs claimed?
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

:: R E A S O N S ::

6.    Point No.1:- During evidence, complainant has given evidence to the effect that she/he deposited the amounts narrated in para 2 of the order and opposite parties agreed to repay the same with interest and no amount paid thereafter.  Hence, this complaint is filed and the complainant has sought for allowing this complaint.  In addition to it, there are averments in the affidavit evidence to the effect that opposite party No.2 has assured to repay the amount in a short period.  Thereby, there is delay in filing the complaint.  As such, complainant has prayed for an order in her/his favour. 
7.    This Forum has verified the deposit receipt submitted by the complainant.  These deposits starts from 24.12.2007 upto 24.11.2008 and date of maturity is different in each FDR. Since the opposite parties have not contested the claim, this Forum finds that there is transaction of deposit amount by the complainant with opposite party No.1 Firm, there is deficiency in service in not refunding the deposits.  Thereby, opposite parties are jointly and severally liable to answer the claim.
8. Advocate representing the complainant relied on the following judgements:-

1. III (2002) CPJ 243 NC – Peerless General Insurance Co. Vs P.Narayana.
2. I (2009) CPJ 200 NC – Swish Rameshchandra Bisla and others Vs Murlidhar Rajdhar Patil and others.
3. III (2004) CPJ 741 m- Kiritbhai D.Patel, Aditi Poly Containers (Pvt.) Ltd.,
4. II (2001) CPJ 138 Kerala, V.P.Devas Vs Karuna Trust and others.

and submits that amounts deposited towards F.D. which are not refunded, the cause of action will continuing one and there is no limitation to file the complaint and further submitted in this case, non-refund of the F.D. amount amounts to deficiency in service.  Thereby, ops are liable to answer the claim.  In view of the submissions made and the judgements relied on by the advocate for complainant, this Forum finds that the amount deposited is with the ops in F.D. till repayment, the cause of action survive to the complainant to file the complaint and also non-refund of the amount deposited amounts to deficiency in service.  Thereby, the complainant is entitled to refund of amount deposited by him/her with costs.  Accordingly, point No.1 is answered partly in the affirmative.

9. Point No.2:- In view of the findings recorded on point No.1, the complainant is entitled to recover the amount of Rs.4,50,000/- with interest at 12% p.a. from the date of respective deposits with compensation of Rs.5,000/- and litigation expenses of Rs.2,000/-.  Hence. Hence, the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite parties are jointly and severally hereby directed to pay a sum of Rs.4,50,000/- with interest at 12% p.a. from the respective date of deposits shown in the F.D.Rs (as per para 2 of order) within 60 days from the date of this order.
3.  The opposite parties are jointly and severally hereby directed to pay a sum of Rs.5,000/- towards compensation and Rs.2,000/- towards litigation expenses, within 60 days from the date of this order.
4. In default to comply, the opposite parties shall pay interest at 12% p.a. on the said total sum of `7,000/- from the date of this order until compliance is made.
5. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
6. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 23^rd December 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                             (DEVAKUMAR.M.C.)

      MEMBER                                            MEMBER