Date of Complaint :18/09/2014

                                  Date of Disposal :29/01/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

  SMT. K.D. PARVATHY, MEMBER

O R D E R

1. This is a complaint filed by the complainants No.1to 5 under section 12 of the Consumer Protection Act, 1986 against the opponent for deficiency of service directing the opponent to pay Rs.98,000/-being the principle amount + maturity amount along with 18% interest and Rs.10,000/- each for mental agony.

2. After the admission of complaint, as usual issued notice to the opponent by RPAD.  But inspite of service of notice, the opponent remained absent.  Hence, the opponent has been placed exparte and posted the case for filing the affidavits of the complainants, thereupon the complainants have filed their affidavits in lieu of oral evidence and has relied upon documents in support of their case.  The arguments of the complainants were heard and then posted the case for order.

3. In view of the facts and circumstances of the case and hearing the arguments submitted by the complainants the following points that would arise for our consideration are as follows;

1. Whether the complainant proves deficiency of service against the opponent and the complainants are entitled for the reliefs sought for in the complaint?

2. To what order the parties are entitled ?

4. Our findings on the aforesaid points are as follows;

         Point No.1 :- Partly in the affirmative

         Point No.2 :- As per order

5. Point No.1 :- The complainants in their complaint and in their affidavit have stated that they have deposited to the opponent as under.

     For the purpose of developing Teak plants which were planted in the opponent’s company land and in support to which the complainants had entered into an agreement with the opponent and also the opponent had given the bond for accepting the amount from the complainants.  The complainants approached the opponent for refunding the money, the opponent assured the complainants that the opponent will make arrangements to repay the money if all the complainants surrendered their original agreements. The complainants have surrendered the original agreement and bond to the opponent company on 05/09/2008 and the opponent assured the complainants that the opponent will repay the amount with interest within short time, but the opponent has not repaid the principal amount and the assured interest on principal amount.

6. The complainants have hence produced the Xerox copies of all the documents which clearly shows that the opponent had received a total sum of Rs.98,000/- from the complainants.  The documentary evidence placed on record fully corroborates a case of the complainants that they have invested a sum of Rs.98,000/- in the company of the opponent in the year 2005.  The opponent has remained absent inspite of notice being duly served to them have been placed exparte.  The evidence adduced by the complainants remained unchallenged.  There is nothing on record to disbelieve the evidence supported by documents.

7. In view of the afore said reasons, we are of the opinion, that the complainants have established their case as made out in the complaint by placing sufficient materials on record.  The complainants are entitled for the amount of Rs.98,000/- along with 18% interest from the date of investment till the date of realization and also Rs.5,000/- and Rs.2,000/- each towards the mental agony and towards the cost of this proceedings from opponent.  Accordingly we answered point No.1 partly in the affirmative.

8. Point No.2 :- In view of our findings, we proceed to pass the following;

O R D E R

     The complaint filed under section 12 of the Consumer Protection Act by Sri. N.K. Suresh and others on 18/09/2014 against the Managing Director, Guru Agri Farm Pvt.Ltd. is hereby partly allowed.

1. The opponent is directed to pay the sum of Rs.98,000/-9(Ninety eight thousand)  to the complainants along with interest at the rate of 18% from the date of investment till the date of payment.
2. The opponent is also liable to pay a sum of Rs.5,000/-(five thousand) each to the complainants towards mental agony and a sum of Rs.2,000/- (two thousand) each towards the cost of this proceedings to the complainants within one month from the date of this order failing which the complainants are at liberty to recover a said total amount of Rs.7,000/- (seven thousand) each with interest at the rate of 10% per annum from the date of this order till realization of the entire amount.
3. If this order is violated the complainant is also at liberty to file private complaint against opponent no.1 for the offences punishable under section 27 of CP Act, which is punishable with imprisonment as well as fine.
4. Issue certified copies of this order at free of cost to both the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 22^nd day of January 2015)

      (V.M. ARADHYA)            (K.D. PARVATHY)        (LATHA M.S.)

         PRESIDENT                    MEMBER                   MEMBER