Date of Complaint : 03/05/2014

                                  Date of Disposal :15/04/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

JUDGEMENT BY SRI. V.A. PATIL, PRESIDENT

     The complainant No.1 has filed the above said complaints on behalf of herself and on behalf of the other complainants, as the GPA holder under section 12 of the C.P. Act 1986 praying for issue of direction to the opponents to repay the maturity amount with interest at the rate of 16% p.a from the date of joining and the compensation for the deficiency of service.

        In the above noted case all the complainants are from the different villages of Virajpet Taluk.  The prayer of the opponents in all these, cases is one and the same and the points for consideration in respect of all the complainants are one and the same.  Hence as per section 12( C ) of  C.P. Act the said cases are disposed taking  in view of class action and under common judgement.

1. The brief facts leading to these complaints are that, the respective complainants in the cases supra became the members of the opponents Company on the different dates applicable and as per the schemes the complainants have invested their money in the R.D. and pigmy schemes. 

     As the complainants heard that the local office of the opponent was closed and there was a rumor that the Head office is also not refunding the invested money, and suspecting the intention of the opponents, the complainants approached the Head office and requested for repayment of their respective invested amount with interest.  As the opponents did not care for repayment, the complainants approached this Forum, seeking the remedy for the deficiency in service and pray for refund of their respective amount with interest and compensation along with the cost of this complaint.

2. Notice of the complaint is served and the opponents appeared through their council and throughout the case the opponents failed to file objections.

3. The complainant no.1 in support of the cases filed the affidavit and produced the required documents.

        Heard arguments and perused the documents in view of the facts and circumstances, the following points arise for our consideration are;

1. Whether the complainants prove the deficiency in service on the part of the opponents and are entitled for the reliefs sought?

2. To what relief the parties are entitled?

4. Our findings on the aforesaid points are as follows;

       Point No.1 partly in affirmative

       Point No.2 As per final order

R E A S O N S

5. Point No.1:- The respective complainants in the instant case have invested in the R.D and pigmy amounts with the opponents and submitted the original certificates and in support of the case filed the affidavit contending that the local office of the opponent was closed and as per the rumor the Head office is also not giving the invested money back, and suspecting the intention of the opponent.  The complainants approached the Head Office, and asked for refund of their invested money, the opponent refused to repay the said amount with interest, which shows the deficiency in service on the part of the opponents and the complainants are entitle for the relief as claimed.

6. Point No.2:- On perusal of the complaints and affidavit and corroborative documents we are of the opinion that the complainants established their respective cases as made out in the complaint.  The evidence lead by the complainant No.1 on behalf of herself and others remained unchallenged.  Therefore, it is clear that there is deficiency of service by the opponent.  Therefore, having regard to the facts and circumstances of the case the opponents are directed to pay the actual amount invested by the respective complaints and the interest at the rate of 16% p.a. from the respective inception dates of investment till full realization, and as the bonds are not matured the complainants are not entitled for the bonus and each of the complainants are entitle for the compensation of Rs.2,000/- and Rs.1,000/- towards cost of the complaints.  In view of our findings we proceed to pass the following;

O R D E R

      All the complaints are allowed in part against the opponents Nos.1 and 2.

1. The opponents are directed to pay the actual amount invested by the respective complaints with interest at the rate of 16% from the date of respective investment till the full realization.  Opponents are directed to deposit the amount within one month from the date of this order. 
2. The opponents are also liable to pay the sum of Rs.2,000/- towards mental agony and the sum of Rs.1,000/- towards cost of this complaint to each complaints and directed to deposit the same within one month from today, failing which each complainant is at liberty to recover the same with interest at the rate of 10% p.a. from the date of this order until full realization.

3. If this order is violated the respective complainants are at liberty to proceed against the opponents as per the law provides under section 27 of the C.P. Act
4. Issue certified copies of this order at free of cost to the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this         15^th day of April 2015)