Karnataka

Kolar

CC/31/2014

Smt. Nethravathi, - Complainant(s)

Versus

Green Buds Agro Farms Ltd.,& Ors. - Opp.Party(s)

M.P.Narayana Swamy

16 Jun 2015

ORDER

Date of Filing: 26/06/2014

Date of Order: 16/06/2015

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 16^th DAY OF JUNE 2015

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

CONSUMER COMPLAINT NO 31 OF 2014

Smt. Nethravathi,

W/o. K.N.Venkatesh,

R/at: Kurubur Village,

Mylandahalli Post,

Chintamani Taluk,

Chikkaballapur District,

Now R/at: Door No.14,

B Block, Police Quarters,

Kolar-Chikkaballapur Road,

Kolar.

 

(Rep. by Sriyuth. M.P.Narayanaswamy, Advocate)         ….  Complainant.

 

- V/s -

1) The Manager,

Branch Office,

Green Buds Agro Farms Ltd.,

Opp. Harish Oil Shop,

Sharada Talkies Road,

Kolar.

 

2) The Manager,

Green Buds Agro Farms Ltd.,

No.73, 3^rd Floor,

Madvesha Complex,

Malemahadeshwara Main Road,

Nazarbad, Mysore-10.

 

(Both these Op-1 & 2 are placed exparte)         …. Opposite Parties.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted this complaint as contemplated Under Section 12 of the Consumer Protection Act, 1986 has sought relief of refund of Rs.36,000/- together with interest at the rate of 18% p.a. as well bonus at the rate of 10% accrued thereon together with such other reliefs deemed fit for being recovered from the OP Nos.1 to 2 jointly and severally.

 

02.   The facts in brief:-

It is the contention of the complainant that, the OP-1 was the Manager of Branch Office of Green Buds Agro Farms Limited at Kolar, whereas OP-2 was Manager of the same at Head Office Mysore.

(a)    It is also contended that, she opted to become unit holder of the concerned of these OP Nos. 1 & 2 and hence she had obtained certificate of bond as issued by them.  And that it was to commence from 17.10.2011 for a period of 5 years.  And that as per promise she was to pay monthly installment of Rs.2,000/- which would come to Rs.1,20,000/- for the duration of five years and that after completion of the five years the OP Nos.1 and 2 were bound to pay her in a sum of Rs.2,00,000/- being the maturity amount.

(b) Further it is contended that, she paid regularly the installments from 17.10.2011 to 23.03.2013 (thus totally 18 installments).  And that thereafter she often tried to visit the OP-1 in Branch Office at Kolar but all the time this branch office was closed.  And that under the circumstances she was constrained to get legal notice dated: 24.05.2014 issued to these OP Nos.1 and 2.  And that said notices were returned with endorsement “addressee left”. 

(c)    So contending the complainant has come up with this complaint in hand.  Along with complaint this complainant has submitted following 06 documents:-

1. Land Certificate

2. Agreement

3. Legal Notice

4. RPAD covers (return)

5. Acknowledgement

6. Postal Receipts.

03.   On registration of the case on hand notice came to be issued, but the same came to be returned with endorsement as “address left” with respect to OP-1 and with regard to OP-2 it was endorsed as “door lock, returned to sender”.  Thus the case can be adjourned from time to time to take steps in as much as, the complainant opted for substitute service as contemplated Under Order 5 Rule 20 CPC.  However as the e-mail address of both these Ops could be available the complainant was permitted to take steps in this context.  On 08.06.2015 the learned counsel appearing for the complainant with Memo submitted document being the hard copy which disclose that, the said attempt through e-mail was successful.  As on this day both these OP Nos. 1 & 2 chose to remain absent, they came to be placed exparte.

 

04.   On 10.06.2015 affidavit evidence of the complainant came to be submitted.  On 15.06.2015 written arguments came to be submitted by the learned counsel for the complainant.  On this day itself, heard the oral arguments as advanced by the learned counsel appearing for the complainant.

 

05.   Therefore the points in this case that do arise for our consideration are:-

 1. Whether the OP Nos.1 & 2 are guilty of deficiency in service?

 2.  If so, to what relief the complainant is entitled to?

 3. What order?

 

06.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT -1:-   In the Affirmative.

 

POINT -2:-   The complainant is entitled to refund of Rs.36,000/- together with interest @ 9% per annum from 26.06.2014 being the date of the complaint till realization, for being recovered from the OP Nos.1 & 2 jointly and severally.

 

POINT -3:-   As per final order for the following:-

REASONS

POINTS - 1 & 2:-

07.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a) As the averments made in the complaint coupled with the said documents and affidavit evidence have remained unopposed, the averments made in the complaint are point to prevail.

(b)    Even otherwise it is worth to note that, the OP Nos. 1 & 2 on 17.10.2011 did issued Certificate of Bond in favour of the present complainant.  Thus the complainant was ready and willing to pay sum of Rs.2,000/- monthly installment with effect from 17.10.2011 for the duration of five years, but which stand such payment could have been in a sum of Rs.1,20,000/-.  Further the LR documents on record by way of deposit slips as issued by OP Nos. 1 & 2 which to discloses that, for continuous 18 months from 17.02.2011 till 30.03.2013 the complainant paid sum of Rs.2,000/-.  Thus the complainant did pay to these OP Nos.1 & 2 in a sum of Rs.18,000/-.  Thus even when the complainant was ready and willing to pay further installments the very OP Nos.1 & 2 took to heels, for, the OP-1 was guilty of closing branch office at Kolar.  This was nothing but a fraud played by these OP Nos.1 and 2 on the innocent complainant being an illiterate lady.  Therefore we hold that, the complainant is entitled to refund of Rs.36,000/- together with interest @ 9% per annum from 26.06.2014 till realization for being recovered from OP Nos.1 & 2 jointly and severally.  Hence the findings on these points.

POINT -3:-

10.   We proceed to pass the following:-

ORDER

01.   For foregoing reasons this complaint stands allowed with costs of Rs.1,000/- as against these OP Nos.1 & 2 as such hereunder

(a) The complainant is entitled to refund of Rs.36,000/- together with interest at the rate of 9% per annum from 26.06.2014 being the date of complaint till realization, for being recovered from OP Nos.1 & 2 jointly and severally.

 

02.   Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us in the Open Forum)

 

MEMBER                                         PRESIDENT