| Complaint Case No. CC/3/2017 |
| | | | 1. M.Puttamadegowda | | M.Puttamadegowda, S/o Late Malegowda, Doddahundi Hosa Badavane, Jayapura Hobli, Dhanagalli Post, Mysuru Taluk and District. |
| ...........Complainant(s) | |
| Versus | | 1. Manager. Manappuram Gold loan | | Manager, Manapuram Gold Loan, B.Krishnappa Building, Bisilumaramma Temple Near, T.K.Badavane, Mysuru. |
| ............Opp.Party(s) |
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| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023 CONSUMER COMPLAINT NO.3/2017 DATED ON THIS THE 28th April 2017 Present: 1) Sri. H.M.Shivakumara Swamy B.A., LLB., - PRESIDENT 2) Smt. M.V.Bharathi B.Sc., LLB., - MEMBER COMPLAINANT/S | | : | M.Puttamadegowda, S/o Late Malegowda, Doddahundi, Hosa Badavane, Jayapura Hobli, Dhanagally Post, mysuru Taluk and District. (INEPRSON) | | | | | | | | V/S | | OPPOSITE PARTY/S | | : | Manager, Manapuram Gold Loan, B.Krishnappa Building, Near Bisilumaramma Temple, T.K.Badavane, Mysuru. (EXPARTE) | | Nature of complaint | : | Deficiency in service | Date of filing of complaint | : | 02.01.2017 | Date of Issue notice | : | 09.01.2017 | Date of order | : | 28.04.2017 | Duration of Proceeding | : | 3 MONTHS 26 DAYS | | | | | | | | | |
Sri H.M.SHIVAKUMARA SWAMY, President - This complaint is filed for a direction to opposite party to refund Rs.10,000/- or to give gold worth Rs.10,000/-.
- The brief facts alleged in the complaint are that on 04.01.2012 and on 20.01.2012, the complainant invested a sum of Rs.10,000/- under Kanaka Deepam Scheme with opposite party. The opposite party has agreed to give 3.892 gm of gold without wastage and making charges. Even after the date of maturity, opposite party did not refund the money nor give gold in spite of several reminders. Hence, this complaint is filed.
- After registering the complaint, notice was ordered to the opposite party, opposite party served with notice, absent, placed exparte. Then this matter is set down for evidence. During evidence, the complainant has filed affidavit evidence and relied on documents. Further evidence closed. After hearing arguments, this matter is set down for orders.
- The points arose for our consideration are:-
- Whether the complainant establishes that there is deficiency in service on the part of opposite party in not refunding Rs.10,000/- or gave the gold worth of Rs.10,000/-, thereby complainant is entitled for the reliefs?
- To What order?
- Our findings on the aforesaid points are as follows:
Point No.1 :- Partly in the affirmative. Point No.2 :- As per final order for the following :: R E A S O N S :: - Point No.1:- During evidence, complainant has deposed that on 04.01.2012 and on 20.01.2012, he has deposited a sum of Rs.1,000/- and Rs.9,000/- respectively with opposite party under Kanaka Deepam Scheme. Under this scheme, opposite party has agreed to gave gold weighing 3.892 gm without wastage and making charges. In spite of several reminders, opposite party did not refund the amount deposited nor gave the gold. Hence, this complaint is filed. In the affidavit evidence, complainant has improved his version and stated that he is entitled for compensation of Rs.45,000/-, in addition to that, he is entitled for Rs.70,000/- being the interest on Rs.10,000/- which was borrowed from others to invest the same with opposite party. Thereby, the claim made is excessive, but there are materials to show that the complainant is invested the amount with opposite party to the extent of Rs.10,000/- which has not been refunded nor gold has been given to the complainant. Thereby, there is deficiency in service on the part of opposite party. Hence, the complainant is entitled for refund of the amount deposited with compensation and litigation expenses. Hence, Point No.1 is answered partly in the affirmative.
- Point No.2:- In view of the findings recorded on point No.1, the complainant is entitled for refund of Rs.l0,000/- deposited by him with interest at 18% p.a. from the date of this complaint i.e. 02.01.2017 till payment. Further he is entitled for compensation of Rs.3,000/- with litigation expenses of Rs.2,000/-. Hence, we pass the following order:-
:: O R D E R :: - The complaint is allowed in part.
- The opposite party is hereby directed to refund Rs.10,000/- with interest at 18% p.a. from 02.01.2017 till payment.
- The opposite party is hereby directed to pay compensation of Rs.3,000/- with litigation expenses of Rs.2,000/- to the complainant in 30 days from the date of this order. Failing which, the opposite party shall pay interest at 12% p.a. on the said total sum of Rs.5,000/- from the date of this complaint i.e. 02.01.2017 till payment.
- In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
- Give the copies of this order to the parties, as per Rules.
(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 28th April 2017) (H.M.SHIVAKUMARA SWAMY) PRESIDENT (M.V.BHARATHI) MEMBER | |
