BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 28^th February 2017

PRESENT

  SRI VISHWESHWARA BHAT D     : HON’BLE PRESIDENT

   SMT.LAVANYA M. RAI                   : HON’BLE MEMBER

ORDERS IN

C.C.No.229/2016

(Admitted on 08.07.2016)

Smt. Jayalakshmi a,

W/o Krishna Bhat,

Aged about 56 years,

R/at Arnady Lakshmi Nivas,

Peruvaje Post and Village,

Sullia Taluk, D.K.

                                                        ……… Complainant

(Advocate for Complainant by Sri. SD)                                                                                                         

VERSUS

Managing Director,

Hindustan Infracon (India) Ltd,

#11, Sai Krishna Complex,

Amarajyothi Layout,

Prashanth Nagar, Bangalore 72.

Mangalore 575003.

                                                                    …. Opposite Party

        (Opposite Party : Ex parte)

ORDER DELIVERED BY HON’BLE MEMBER

SMT. LAVANYA M. RAI

1.  This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.

The brief facts of the case are as under:

          The complainant has invested money in the Opposite Party own a land scheme and paid Rs.36,000/ by instalment of Rs.100/ per month from 27.12.2013.  The complainant invested money in Opposite Party Puttur branch and received certificate in that effect.  The complainant further submitted that even after requested the Opposite Party to register the sale deed the Opposite Party neither execute sale deed nor refund the amount with interest and also not shown any documents of title about the plot of Andrapradesh to the complainant.  Thereafter the Opposite Party issued a cheque No.688975 for Rs.7,848/ pertaining to Indian Overseas Bank Bangalore towards partial settlement of the above amount and the cheque came to be dishonoured.  The complainant submitted that the complainant surrendered the original bond to the Opposite Party and they have issued acknowledgment dated. 27.12.2014. Recently New paper items carried the new that the Opposite Party is unable to refund the deposit collected from the members and the business in under loss.  Hence the complainant filed police complaint before North Police Station Bandar Mangalore against Opposite Party.  The Opposite Party has sought time to repay the above amount and the above Act of non refund of the deposit amount with interest to the complainant amounts deficiency in service.  Hence the above complaint filed under section 12 of the C.P.Act 1986(here in after referred to as the Act) seeking direction from this Fora to  the Opposite Party to refund Rs.39,420/- with interest at rate 12% p.a. from 27.12.2014, till payment and also pay Rs.20,000/-, and pay Rs. 20,000/ as expenses and compensation.

II. Version Notice served to the opposite party by paper publication, inspite of receiving notice the Opposite Party neither appeared nor contested the case.  Hence we have proceeded Ex parte as against Opposite Party version of Opposite Party not filed hence treated nil.

III. In support of the complaint Smt. Jayalakshmi, (CW1) the complainant filed affidavit reiterating what has been stated in the complaint and produced the documents same has got marked as Ex C1 to C3.  The Opposite Party placed Ex parte.

IV.     In view of the above said facts, the points for arise for our consideration in the case are:

1. Whether this forum has jurisdiction to entertain the complaint?
2. Whether this Complainant proved that the Opposite Party committed deficiency in service?
3. If so, whether the Complainant is entitled for any of the reliefs claimed?
4. What order?

        We have considered the oral arguments submitted by the complainant and also considered the materials that was placed before the Fora and answered the points are as follows:

                              Point No. (i) : Negative

                              Point No. (ii) and (iii): does not arise

      Point No. (iv): As per the final order.

REASONS

V.   POINTS No. (i) to (iii): 

          In order to prove the above case the complainant filed oral evidence by way of affidavit and produced Ex.C1 to C3 as listed in the annexure.   After perusal of the complaint the complainant invested the money in Opposite Party Puttur Branch at Awin complex APMC Road, Puttur.  But complainant not made branch office puttur as party to the proceeding. Section 11 of C.P Act Jurisdiction of the District Fourm (2) (a) say that,

 2. A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction.

(a).  The Opposite Party or each of the Opposite Parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or (carries on business or has a branch office or) personally works for gain,

Further, the complainant pleaded that the cause of action arose for the complaint on 27.12.2014 when the Opposite Party puttur branch

issued the acknowledgement.  But on perusal of the Ex.C1 original acknowledgement issued Hindustan Infracon (India) Ltd, Vijaya Nagar Bangalore.  The identity of the Puttur branch not shown in the

Ex.C1 and there is no single piece of document to show the jurisdiction of the complaint, hence considering the jurisdiction point is negative. Now points arise for our consideration and discussing about point No.2 and 3 does not arise.

          In view of the aforesaid discussions, we are of the considered opinion that the complainant is not established the case against the Opposite Party. Hence the complaint deserved to be dismissed. 

iv. In the result, accordingly we pass the following Order.

ORDER

                                       The Complaint is dismissed. No order as to cost. 

Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.

     (Page No.1 to 5 directly dictated by Member to the Stenographer typed by him, revised and pronounced in the open court on this the 28^th February 2017)

              MEMBER                                        PRESIDENT

      (LAVANYA M RAI)                    (VISHWESHWARA BHAT D)

D.K. District Consumer Forum          D.K. District Consumer Forum

             Mangalore                                       Mangalore

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1 – Smt. Jayalakshmi

Documents marked on behalf of the Complainant:

Ex.C1: 27.12.2013: Original acknowledgement issued by the Opposite Party.

Ex.C2: 20.11.2015: Original Cheque issued by the Opposite Party.

Ex.C3: Original memo issued by the Indian Overseas Bank.

Witnesses examined on behalf of the Opposite Party:

Nil

Documents marked on behalf of the Opposite Party:

Nil

Dated: 28.02.2017                                    MEMBER