Green Buds Agro Farms Ltd. V/S Manjunatha - Consumer Court Case

Karnataka

SRI V.M.ARADHYA,

PRESIDENT

The complainant has filed this complaint against the O.Ps. alleging deficiency of service.

The complainant’s case in brief are that on 29/09/2011 he has purchased unit bearing no.G49356 under plan-1 for a period of two years from O.P.2. by paying Rs.20/- per day. He has paid instalments upto 01/10/2013. After maturity the complainant has surrendered the unit with O.P. and requested them to pay matured amount along with bonus of Rs.6,732/- which they have not done inspite of several requests.

The notice sent has been served and O.Ps. have not appeared, hence placed them as ex-parte.

The following points arises for consideration.
1. Whether the complainant has shown deficiency of service committed by the O.P.?
2. To what order the parties are entitled?

Point No.1: Partly Affirmative.

Point No.2: As per order.

REASONS

POINT NO.1:- It is the case of the complainant that on 29/09/2011 he has purchased unit bearing no.G49356 under plan-1 for a period of two years from O.P.2. by paying Rs.20/- per day. He has paid instalments upto 01/10/2013. After maturity the complainant has surrendered the unit with O.P. and requested them to pay matured amount along with bonus of Rs.6,732/- which they have not done inspite of several requests.

The documents produced shows about number of instalments paid, maturity of unit, surrendering of the unit and amount due to the complainant from the O.Ps. The O.Ps. have not paid amount, thereby there is deficiency of service by the O.Ps. to the complainant.

The complainant has filed his affidavit in lieu of the evidence in examination- in-chief where-in he has retreated the averments and allegations made in complaint. It has supported the case of the complainant to the effect that the O.Ps. have failed to pay the maturity amount, inspite-of several requests and demands made by the complainant. The evidence by way of affidavit and documents adduced before the court remained unchallenged. Therefore nothing on record to disbelieve the evidence given by the complaint. The O.Ps have not come forward to oppose the petition and they have not adduced any evidence to disbelieve and to discard the evidence of the complainant. We are of the opinion that the complainant has established that the O.Ps. have committed deficiency of service by not paying the maturity amount as promised and agreed by the O.Ps. However, the rate of interest sought by the complainant is seem to be on higher side, though the complainant has enabled for maturity amount as well as reasonable interest. Under the facts and circumstances of the case the ends of justice will be met , if the rate of interest is granted at 10% p.a. from the date of surrendering the bond to the opponent. Accordingly we answered the point no.1 partly affirmative.

POINT NO.2:-The complainant is entitled for matured amount of Rs.6,732/- along with interest at 10% p.a. from 01/11/2013 till its realization. The complainant is also entitled for compensation of Rs.2,000/- and Rs.2,000/- being the cost of the proceedings from the O.Ps.

In view of the decision taken on point no.1 above we proceed to pass following

ORDER

The complaint is allowed in part.
The complainant is entitled for matured amount of Rs.6,732/- along with interest at 10% p.a. from 01/11/2013 till its repayment from the O.Ps. jointly and severally.
The O.Ps. are directed to comply with the order within 02 months from the date of this order failing which the complainant is also at liberty to file criminal case against the opponents for the offence punishable under section 27 of Consumer Protection Act, 1986 for imprisonment as well as fine.
The complainant is also entitled for Rs.2,000/- being the compensation and Rs.2,000/- being the cost of the proceeding from the O.Ps.
Issue copy of the order to both parties free of cost.