BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A., LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.108/2009 Order dated this the 9th day of December 2009 COMPLAINANT/S Sri.Shankaregowda S/o Chindagiri Devegowda, R/o Haniyambadi Village, Kothathi Hobli, Mandya Taluk. (By Sri.M.Srinivas., Advocate) -Vs- OPPOSITE PARTY/S 1. The Managing Director,Guru Teak Investments (Mysore) Private Limited, No.863, Dr.Modi Hospital Road, 2nd Stage, Rajajinagara, Bangalore 560 086. 2. The Branch Manager, Guru Teak Investments (Mysore) Pvt. Ltd., M.C.Road, Shivaleela Complex, Sugar Factory Circle, Mandya. (Exparte) Date of complaint 15.09.2009 Date of service of notice to Opposite parties 11.11.2009 Date of order 09.12.2009 Total Period 28 Days Result The Complaint is allowed, directing the Opposite parties to pay Rs.45,000/- with interest at 9% p.a. from the date of complaint till realization with cost of Rs.1,000/- to the Complainant. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act, 1986 against the Opposite parties claiming Rs.75,000/- alleging deficiency in service. 2. The case of the Complainant is that the Opposite parties are dealing in the business of purchase of lands and growing of teak wood plants and offering them to public who are interested in investing money by offering lucrative repayment of money. The Complainant had purchased bonds for Rs.5,000/- on 16.09.2001 and the maturity date is 16.03.2009. The Complainant had paid three installments in all Rs.15,000/-. The Opposite parties for due repayment, have issued post dated cheque for Rs.45,000/- drawn on State Bank of Mysore, Vani Vilas Market Road, Mysore, directing the Complainant to present the cheque after the maturity, to realize the amount. The Complainant presented the cheque through his banker, but the cheque issued by the 1st Opposite party came to be dis-honoured. The Complainant brought this fact to the notice of the 2nd Opposite party and demanded for the payment of the cheque amount. The Opposite parties have not paid the amount. Therefore, the Opposite parties have committed deficiency in service. Hence, the present complaint is filed claiming cheque amount of Rs.45,000/- and Rs.25,000/- for mental shock and agony and Rs.5,000/- for litigation expenses. 3. Notices were served on the Opposite parties and they have remained absent and they have not filed any version opposing the claim. Thereafter, the Complainant has filed affidavit and produced the documents Ex.C.1 to C.6. 4. We have heard the counsel for the Complainant. 5. Now the points that arise for our considerations are:- 1. Whether the Opposite party has committed deficiency in service in not paying the bond amount? 2. Whether the Complainant is entitled to the amount sought for? 6. Our findings and reasons are as here under:- 7. POINT NO.1:- The oral evidence and the bond Ex.C.1 and receipt Ex.C.2 clearly proves that the Complainant has invested Rs.15,000/- with the 1st Opposite party for a period of 7 ½ years and the maturity amount is Rs.45,000/- and in this regard, for repayment of the maturity amount, the 1st Opposite party had issued the cheque as per Ex.C.3 in favour of the Complainant for Rs.45,000/- and cheque is drawn on State Bank of Mysore, Vani Vilas Market Road, Mysore and the cheque is dated 16.03.2009 and the cheque was presented by the Complainant on 05.05.2009 and it was not honoured as per Ex.C.4 and C.5 as the account was closed by the 1st Opposite party. Then, the Complainant got issued a legal notice Ex.C.6 and it is served on the 1st Opposite party, but 1st Opposite party has not replied. The above documents and the evidence of the Complainant have remained unchallenged and Opposite party has not disputed the same by filing version. Therefore, the Complainant has proved that the Complainant had invested Rs.15,000/- and though the 1st Opposite party had issued cheque for Rs.45,000/- being the maturity amount of the bond, but the cheque was dis-honoured on account of the closure of the account by the 1st Opposite party. Therefore, though the Opposite party is liable to pay Rs.45,000/- being the matured amount, the 1st Opposite party has not paid the amount. Hence, the 1st & 2nd Opposite parties have committed deficiency in service. 8. The Complainant has sought for Rs.45,000/- being the matured amount and Rs.25,000/- for mental shock and agony and Rs.5,000/- for litigation expenses along with interest at 18%. Considering the facts of the case, the Complainant is entitled to the bond maturity amount of Rs.45,000/- with interest at 9% p.a. from the date of complaint with cost of the complaint. 9. In the result, we proceed to pass the following order; ORDER The complaint is allowed, directing the Opposite parties to pay Rs.45,000/- with interest at 9% p.a. from the date of complaint till realization with cost of Rs.1,000/- to the Complainant. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 9th day of December 2009). (PRESIDENT) (MEMBER) (MEMBER)
