BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

15^th DAY OF SEPTEMBER 2016

O R D E R

SMT. P.K SHANTHA, 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 the OPs to refund the deposit amount of Rs.35,000/- + 18% interest up to the date of payment and to direct the OPs to pay compensation of Rs.20,000/- for the mental agony suffered by her due to non-payment of principal amount also direct the OPs to pay incidental expenses of Rs.2,000/-.

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

The complainant has invested Rs.35,000/- in the Unitech Limited Company in the form of fixed deposit for a period of two years.  The details are here under.

          As per the terms of the company, the fixed deposit receipt duly discharged should be sent to the company at least 21 days before the date of maturity to enable them to make payment on due date.  In terms of the above, on maturity of the deposit, the deposit receipt duly discharged was sent to the OP Company well in advance on 16.10.2014 to effect the payment of maturity amount of fixed deposit invested.  So far, the complainant has not received the fixed deposit amount.  The OP company has paid the interest due of Rs.9,441/-.  In this regard the complainant sent letters through e-mail followed up by several telephone calls for which calls were not taken.  There is no response from the OPs.  The complainant has sent final notice/letter on 01.10.2015 by speed post and also sent e-mail requesting for payment of amount.  For that also there is no response from the OPs.  Hence, the complainant has filed this complaint against OP for appropriate relief.

3.  After service of notice, OPs failed to appear before the Forum and were placed ex-parte.

4. So as to prove the case, Mrs.Meena Rao, the complainant has filed her affidavit evidence in support of her complaint and produced copies of documents.

5. The above said assertions of the complaint have remained unchallenged.  OPs neither filed version nor denied the sworn testimony of the complainant.  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 copy of notice sent by the complainant to OP on 01.10.2015 through e-mail to return the principal amount.  Document No.2 is also another notice sent through speed post by the complainant to the OP on the same date requesting to return the principal amount.

7. On perusal of oral and documentary evidence of the complainant, it is crystal clear that the complainant has deposited a sum of Rs.35,000/- with OPs for the period of two years from 21.11.2012 to 21.11.2014 repayable along with interest at 12% p.a.   After the date of maturity the complainant received the interest amount of Rs.9,441/- for the period 21.11.2012 to 21.11.2014.  But there was no communications from the Company about the payment of principal amount and delayed interest after the maturity date till now.  Hence, the complainant wanted to take legal action against the OP Company for the irresponsible, negligent behavior in not responding to any of communication and non-payment of principal amount on time and interest from 21.11.2014 to till date.

8. The very fact of OPs 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 the promise made by the OP.  However, the complainant has stated in her affidavit evidence that she has received only the principal amount i.e., Rs.35,000/- on 30.05.2016 without any accrued interest.  Inspite of constant and regular reminders, OP failed to refund the interest on fixed deposit amounts on time.  This act of OPs in not refunding the interest on the fixed deposit amount amounts to deficiency of service on the part of OPs.  We are satisfied that the complainant proved deficiency of service against OPs.  Under the circumstances, we are of the considered view that OPs are liable to pay interest at the rate of 18% p.a for the period from 21.11.2014 to 30.05.2016 i.e., up to the date of receipt of cheque for Rs.35,000/- together with compensation of Rs.5,000/- and litigation cost of Rs.3,000/-.  Hence, the complaint of the complainant is to be allowed in part.  Accordingly, we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.  OPs are jointly and severally directed to pay interest @ 18% p.a on Rs.35,000/- for the period from 21.11.2014 to 30.05.2016 (up to the date of receipt of cheque for Rs.35,000/-) together with compensation of Rs.5,000/- and litigation cost of Rs.3,000/- to the complainant.

This order shall be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 15^th day of September 2016)

MEMBER                            MEMBER                     PRESIDENT

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COMPLAINT No.1772/2015

Complainant                 -        K.N Meena Rao,

Bengaluru – 560040.

-vs-

Opposite Parties           -        1) Managing Director,

Unitech Limited – FD Office,

Gurgaon-122016,

Haryana.

2) Managing Director,

UNITECH LIMITED – Regd.
         Office,

Saket, New Delhi-110017.

3) Officer-in-charge,

UNITECH LIMITED – Local Office,

Bengaluru – 560001.

Witnesses examined on behalf of the complainant dated 06.09.2016.

1. K.N Meenarao.

          OPs -       Absent

MEMBER                           MEMBER                      PRESIDENT

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