BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

  03^rd DAY OF MARCH 2018

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to pay Rs.2,35,000/- including damage, interest @ 24% p.a from the date of deposit till the date of payment of entire amount and other legal expenses.

 2. The brief averments made in the complaint are as under:

The complainant had deposited a sum of Rs.1,00,000/- with OP on 07.05.2012 for a period of 24 months interest @ 12.50% p.a.  The date of maturity was 06.05.2014.  After the maturity date the OP did not paid the maturity amount to the complainant.  The OPs have failed to comply their act and deed as per the rules and regulations.  Complainant felt deficiency in service on the part of OPs and got issued a legal notice dated 22.05.2017 to OPs.  Inspite of service of legal notice, OPs neither replied to the notice nor complied the demands made by the complainant.  Hence the complainant left with no other option filed this complaint before the Forum seeking appropriate relief for his grievance.

3. After registration of the complaint, notices were issued to OPs.  Despite service of notices OPs remained absent without sufficient reason and cause.  Hence OPs were placed ex-parte and the case was posted for filing affidavit evidence of the complainant.

4.  So as to prove the case, the complainant has filed his affidavit evidence in support of his complaint reiterating the complaint averments and produced the copies of documents.

5. The above said assertions of the complainant have remained unchallenged.  OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the fixed deposit receipt No.633 for Rs.1,00,000/- deposited on 07.04.2012 for a period of 2 years @ 12.50% interest.  Due date is 06.05.2014.  Document No.2 is fixed deposit refund order of OP dated 08.06.2012 and the HDFC Bank statement dated 06.05.2014.  The OPs failed to pay the maturity amount, the complainant got issued a legal notice dated 22.05.2017 sent through RPAD and the same was duly served upon the OPs and acknowledgements returned were produced as document No.3 & 4.

7. On perusal of oral and documentary evidence of the complainant, it is clear that, the complainant has deposited Rs.1,00,000/- with OPs for a period of two years from 07.04.2012 to 06.05.2014 repayable along with interest @ 12.50% p.a.  The OPs failed to pay the maturity amount till today.  This act of OPs shows their gross negligence and deficiency of service.  Hence, the complainant filed this complaint against OPs for irresponsible, negligent behavior in not responding to any communication and non payment of maturity amount with interest on time.

8. The very fact of OP not contesting the proceedings leads us to draw an inference that OPs are admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced.  The complainant suffered inconvenience and mental agony due to non performance of promise made by the OPs.  This act of OPs in not repaying the matured amount with accrued interest amounts to deficiency of service on the part of OPs.  Inspite of requests and demands, the OPs failed to pay the matured amount and also interest must have put the complainant to great hardship, inconvenience and mental agony.  In view of the discussions made above, we are of the considered opinion that the complainant has successfully proved deficiency of service on the part of OPs.  Under the circumstances, we are of the considered view that, OPs are liable to pay the deposited amount of Rs.1,00,000/- along with interest @ 12.50% p.a from the date of deposit till the date of maturity and also interest on Rs.1,00,000/- @ 18% p.a from the date of maturity till the date of realization.  Further OPs are directed to pay compensation of Rs.10,000/- for having caused hardship, inconvenience and deficiency of service together with litigation cost of Rs.4,000/-.

9. In the result, we proceed to pass the following.

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part. 

OPs are directed to pay Rs.1,00,000/- to the complainant with interest @ 12.50% p.a from the date of deposit till the date of maturity and also interest on Rs.1,00,000/- @ 18% p.a from the date of maturity till the date of realization.  Further OPs are directed to pay compensation of Rs.10,000/- for having caused hardship, inconvenience and deficiency of service together with litigation cost of Rs.4,000/-.

OPs shall comply the order passed by this Forum within a month from today.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 03^rd day of March 2018)

MEMBER                                                               PRESIDENT

Vln*               

Witnesses examined on behalf of the complainant dated 07.02.2018.

Sri.Biharilal Nebhandas Chaabriya

                 OPs  -       Absent

MEMBER                                                               PRESIDENT

Vln*