Karnataka

Kolar

CC/30/2014

Sri. K.N. Venkatesha, - Complainant(s)

Versus

Manjunatha, & Ors. - Opp.Party(s)

M.P.Narayana Swamy

16 Jun 2015

ORDER

Date of Filing: 26/06/2014

Date of Order: 16/06/2015

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 16^th DAY OF JUNE 2015

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

CONSUMER COMPLAINT NO 30 OF 2014

Sri. K.N.Venkatesha,

S/o. late Nareppa,

R/at: Kurubur Village,

Mylandahalli Post,

Chintamani Taluk,

Chikkaballapur District,

Now R/at: Door No.14,

B Block, Police Quarters,

Kolar-Chikkaballapur Road,

Kolar.

 

(Rep. by Sriyuth. M.P.Narayanaswamy, Advocate)         ….  Complainant.

 

- V/s -

1) Manjunatha,

S/o. late Venkataramanna,

Malaganahalli Village,

Yeldur Post & Hobli,

Srinivaspur Taluk,

Kolar District & Agent of

Maithri Plantation &

Horticulture (P) Limited,

 

2) The Branch Manager,

Maithri Plantation &

Horticulture (P) Limited,

1^st Floor, Near Sriram Chit Funds,

M.B.Road, Kolar.

 

3) The Branch Manager,

#45, 2^nd Floor, Old Race Course Road,

Austin Town, Bangalore (HO),

Bangalore District.

 

4) The Branch Manager,

Maithri Plantation &

Horticulture (P) Limited,

#5-37(1), Master’s Mansion,

Opposite Power Office,

Kurnool Road, Ongole,

Prakasam (Dist), A.P. India,

 

(these Ops are placed exparte)                   …. Opposite Parties.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted this complaint against the present Ops, as envisaged Under Section 12 of the Consumer Protection Act, 1986 has sought relief of refund of Rs.3,50,000/- together with interest and other reliefs deemed fit.

 

02.   The facts in brief:-

The complainant is to contend that, OP-1 was an agent of the OP Nos. 2 to 4.  And that, OP-2 was to have branch office at Kolar, whereas OP-3 was to have branch office in Bangalore, OP-4 was to have the head office at Andhra Pradesh.  And that these OP Nos. 1 to 4 jointly and severally were running the company in the name and style, as “Maithri Plantation and Horticulture (P) Limited”.

(a)    Further it is contended that, the OP-1 being agent of this OP Nos.2 to 4 had approached him (the complainant) and introduced about the said company.  And that he (the complainant) was asked to deposit a sum of Rs.3,50,000/- for the period of three years from 14.03.2013 to 28.03.2016.  And that accordingly he deposited the said amount on the said day vide No.170 (office code) and receipt No.4398515 by cash.  And that OP Nos. 2 to 4 jointly issued the deposit certificate styled as “Own Your Land Certificate” along with interest cheques at the rate of 2% per month, thus being in sum of Rs.7,000/- per month.  And that he was paid such interest until November-2013 at Kolar Branch.  And that on 14.03.2013 itself one more Tripartite Agreement in his favour came into being.  And that thereafter the OP-2 closed this branch at Kolar without any information or notice to him. 

(b)    And that he made several approaches with the OP-1 who had assured that, the company would be opened shortly.  Further it is contended that, as the Ops failed to comply he got legal notice dated: 30.04.2014 issued for which, the OP-1 acknowledged, whereas the said notices so issued to OP Nos.2 to 4 were returned with endorsement as, “the addressee left”. 

(c)    So contending the complainant has come up with this complaint seeking above said due reliefs.  Along with the complaint he has submitted following 06 documents:-

1. Land certificate (Agreement)
2. Agreement
3. Legal Notice
4. RPAD (Return) covers
5. Acknowledgment
6. RPAD receipts, Postal.

 

03.   On submission of complaint and registration of the case on hand notices came to be issued against these OP Nos.1 to 4 by RPAD on 25.07.2014, in spite of service of notice through RPAD the OP-1 choose to remained absent.  Hence he came to be placed exparte.

 

04.   With regard to OP Nos.2 to 4 matter came to be adjourned from time to time and ultimately the complainant had chosen to take substitute service as contemplated Under Order 5 Rule 20 CPC as per disclosure made in the order sheet dated: 20.12.2014.  And for this end matter came to be adjourned from time to time.  Ultimately on 05.05.2015 as the e-mail address of these OP No.2 to 4 was available on record, the complainant was permitted to get the notices issued of the present case to these OP Nos. 2 to 4 through this process.  On 28.05.2015 a Memo with necessary hard copy of the document came to be submitted by the learned counsel for the complainant.  And this document disclosed that, the attempt made through e-mail was rejected.  As this was the available address as provided by the OP Nos.2 to 4 themselves, holding that such service was sufficient these OP Nos. 2 to 4 came to be exparte on account of their absence.

 

05.   On 10.06.2015 affidavit evidence of the complainant came to be submitted.  On 15.06.2015 the learned counsel appearing for the complainant did submit the written arguments.  On this day itself, heard the oral arguments as submitted by the learned counsel appearing for the complainant.

 

06.   Therefore the points in this case that do arise for our consideration are:-

 1. Whether the OP Nos.1 to 4 are guilty of deficiency in service?

 2.  If so, to what relief the complainant is entitled to?

 3. What order?

 

07.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT -1:-   In the Affirmative.

 

POINT -2:-   The complainant is entitled to refund of Rs.3,50,000/- together with interest @ 9% per annum from 26.06.2014 being the date of the complaint till realization, for being recovered from the OP Nos.1 to 4 jointly and severally.

 

POINT -3:-   As per final order for the following:-

REASONS

POINTS - 1 & 2:-

08.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a) The averments made in the complaint coupled with the said documents and affidavit evidence have remained unopposed, therefore the version of the complainant shall have to be believed in toto.

(b)    Even otherwise it is worth to note that, at the instance of these OP Nos.1 to 4 “Own Your Land Certificate” came in to being on 14.03.2013 at 170 (office code) vide receipt No.4398515.  So the OP Nos. 1 to 4 were in receipt of the said sum of Rs.3,50,000/- as paid by this complainant.  Again on the strength of this document it is evident that, these OP Nos.1 to 4 were under legal obligation to pay monthly interest of Rs.7,000/-.  In addition to the said document on the very said day Tripartite Agreement came in to being for which, the said Maithri Plantation and Horticulture (P) Limited and the present complainant and one L.Malyadri Reddy were the parties.  As these OP Nos.1 to 4 failed to comply the complainant was constrained to cause notice dated: 30.04.2014 seeking demand against these Ops Nos.1 to 4 as stated in the complaint on hand.  The said RPAD notice with regard to OP Nos.2 to 4 have been returned, whereas the OP No.1 has received the same in as much as his postal acknowledgement is on record.  This documentary evidence and the affidavit evidence of the complainant which have remained unopposed, being resulted in proving the averments made in the complaint.

 

09.   Therefore as these OP Nos.1 to 4 in spite of receipt of the said sum of Rs.3,50,000/- from this complainant since failed to pay the said interest every month they are guilty of deficiency of service.  Besides their continued absence to remain out of reach is yet another glaring misconduct on the part of these OP Nos.1 to 4, which would indicate that they intended to retain the said sum of Rs.3,50,000/- for themselves come what may.  Hence the findings on these points.

 

POINT -3:-

10.   We proceed to pass the following:-

ORDER

01.   For foregoing reasons this complaint stands allowed with costs of Rs.2,500/- as against these OP Nos.1 to 4 as hereunder

(a) The complainant is entitled to refund of Rs.3,50,000/- together with interest at the rate of 9% per annum for being recovered from these OP Nos. 1 to 4 jointly and severally from 26.06.2014 being the date of the complaint till realization.

02.   Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us in the Open Forum)

 

MEMBER                                         PRESIDENT