Mr.K.N.Srinivas Shastry V/S K. Lakshman Rao S/o. Late Bheemasain Rao Kamnoor - Consumer Court Case

Karnataka

Raichur

DCFR 83/07

K. Lakshman Rao S/o. Late Bheemasain Rao Kamnoor - Complainant(s)

Versus

Mr.K.N.Srinivas Shastry - Opp.Party(s)

Sri. V.Sripad

30 Jan 2008

ORDER

DIST. CONSUMER DISPUTES REDRESSAL FORUM
DIST. CONSUMER DISPUTES REDRESSAL FORUM,DC Office Compound, Sath Kacheri
consumer case(CC) No. DCFR 83/07

K. Lakshman Rao S/o. Late Bheemasain Rao Kamnoor						...........Appellant(s)
Vs.
Mr.K.N.Srinivas Shastry Mr.Yadunath Kolar Raichur Branch						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

COMMON JUDGEMENT The complainants in these Twelve cases have filed separate complaints U/s. 12 of Consumer Protection Act against the common Respondents No 1 & 2 as detailed in the cause title for deficiency of service. The complaints of the complainants being common in nature seeking similar relief of refund of money so they are clubbed and disposed of by common judgement. 2. The complaints of respective complainants being common in nature reads as under:- Each complainant in the above said twelve cases has deposited a certain amount with Respondent No-1/firm through Respondent NO-2 by way of Demand Drafts on different dates for which the Respondents have given Receipt-Cum-Investment Certificates to the respective complainants for the said deposited amount and agreed to pay interest thereon as shown in the Investment Certificates. The amount of investment made by each complainant is as under:- ----------------------------------------------------------------------------------------------------------------------------------- Sl. No. D.D./Cheque No. and date Amount invested/deposited 1. 2. 3. ----------------------------------------------------------------------------------------------------------------------------------- 1. complainant- Jayateertha K. in DCFR No.78/07 1. On 25-10-2004. Rs. 30,000=00 2. On 14-11-2004 Rs. 50.000=00 3. On 22-11-2004. Rs. 20,000=00 ------------------ Total Rs. 1,00,000=00 ------------------------------------------------------------------------------------------------------------------------- 2 complainant- Vishnuteertha K in DCFR No. 79/07 1. On 27-10-2003 Rs. 30,000=00 2. On 29-12-2003 Rs. 25,000=00 3. On 19-02-2004 Rs. 20,000=00 4. On 07-06-2004 Rs. 20,000=00 5. On 16-08-2004 Rs. 05,000=00 6. On 09-10-2004 Rs. 30,000=00 ---------------------- Total Rs. 1,30,000=00 ------------------------------------------------------------------------------------------------------------------------- 3 complainant- Smt. Nameeta K. in DCFR No.80/07 1. On 04-12-2004. Rs. 50,000=00 2. On 13-12-2004. Rs. 20,000=00 3. On 15-01-2005. Rs. 20,000=00 4. On 14-02-2005. Rs. 10,000=00 5. On 04-03-2005. Rs. 50,000=00 ------------------- Total Rs 1,50,000=00 ----------------------------------------------------------------------------------------------------------------------------------- 4 complainant- Prakash Katti in DCFR.No. 81/07 1. On 22-11-2003 Rs. 30,000=00 ------------------ Total Rs. 30,000=00 --------------------------------------------------------------------------------------------------------------------- 5 complainant- Susheelendra K. in DCFR No.82/07 1. On 05-01-2004. Rs. 30,000=00 2. On 19-02-2004. Rs. 20,000=00 3. On 12-06-2004. Rs. 50,000=00 ------------------- Total Rs 1,00,000=00 ------------------------------------------------------------------------------------------------------------------------- 6 complainant- K. Lakshman Rao in DCFR No.83/07 1. On 18-04-2005. Rs. 50,000=00 ------------------- Total Rs 50,000=00 ------------------------------------------------------------------------------------------------------------------------- 7 complainant- Smt. Rajashree.S.K. in DCFR No.84/07 1. On 09-10-2004. Rs. 50,000=00 2. On 15-11-2004. Rs. 50,000=00 3. On 07-04-2005. Rs. 50,000=00 ------------------- Total Rs 1,50,000=00 ------------------------------------------------------------------------------------------------------------------------ 8 complainant- Smt. Sandhya. S. Talapalli in DCFR No.85/07 1. On 11-04-2005. Rs. 25,000=00 ------------------- Total Rs 25,000=00 ------------------------------------------------------------------------------------------------------------------------- 9 complainant- Smt. V.Pushpavati in DCFR No.86/07 1. On 11-04-2005. Rs. 50,000=00 ------------------- Total Rs 50,000=00 ------------------------------------------------------------------------------------------------------------------------- 10 complainant- Kumari Geetha in DCFR No.92/07 1. On 18-04-2005. Rs. 30,000=00 ------------------- Total Rs 30,000=00 ------------------------------------------------------------------------------------------------------------------------- 11 complainant- Smt. Sundara in DCFR No.93/07 1. On 23-11-2004. Rs. 15,000=00 2. On 25-02-2005. Rs. 05,000=00 ------------------- Total Rs 20,000=00 ------------------------------------------------------------------------------------------------------------------------- 12 complainant- P. Narasappa in DCFR No.97/07 1. On 14-08-2004. Rs. 50,000=00 ------------------- Total Rs 50,000=00 ------------------------------------------------------------------------------------------------------------------------- On 24-08-07 and also on other subsequent days the complainants in all cases had been to the office of Respondent No-2 to withdraw their entire deposited amount together with upto date interest there on as they were in need of money for their family necessity. But it was locked. Therefore each of them got issued legal notice on 03-09-07 through their Advocate by Speed Post Acknowledgement Due and Under Certificate of Postings to both the Respondents. In the meantime the respective complainants met other investors/depositors who had not been repaid their money they also came to know that the Respondents have duped the people and thus put the public including the complainant into loss. Thus a common notice was also issued wherein the name of each complainants appear in the said notice. The said legal notices have been duly served on both the Respondents. The Respondent NO-2 has given reply to the legal notice on 29-09-07. However they have failed to pay back their invested amount. The Respondents are bound to repay the deposited/invested amount on demands together with up to date of interest as shown in the certificates. The act and attitudes of the Respondents amounts to deficiency in service. Despite the service of legal notice Respondents have failed and neglected to repay the deposited sum together with upto date interest. The failure of Respondents in not making the payment of the invested sum amounts to deficiency in service. The complainant have been suffering both mentally and physically as the Respondents have failed to repay their deposited amount and so they have been put to great loss. Hence for all these reasons complainants have prayed for a direction to the Respondents to refund/pay back their deposited/invested amount along with interest at the rate of 24% p.a. from the date of deposit till realization and further direction to pay Rs. One Lakh as compensation for mental tension, torture & harassment etc., 3. In-response to service of notice, both the Respondents remained absent on 18-12-07 (in the first three cases), on 11-01-08 (in 4th case), on 20-12-07 (in 5th , 6th & 7th case), on 26-12-07 (in 8th & 9th cases), on 07-01-08 (in 10th & 11th case), & on 18-01-08 (in the last case) and there was no representation either through their authorized agent or lawyer. So both the Respondents have been placed Ex-parte. 4. During the course of enquiry the respective complainants have filed their sworn affidavit as evidence and have got marked following documents in-support of their case as under:- ---------------------------------------------------------------------------------------------- Sl.No. Case No. Documents marked. 1 2 3 --------------------------------------------------------------------------------------------- 1. 78/07 (6) documents at Ex.P-1 to P-6. 2. 79/07 (9) documents at Ex.P-1 to P-9. 3. 80/07 (8) documents at Ex.P-1 to P-8. 4. 81/07 (6) documents at Ex.P-1 to P-6. 5. 82/07 (6) documents at Ex.P-1 to P-6. 6. 83/07 (4) documents at Ex.P-1 to P-4. 7. 84/07 (6) documents at Ex.P-1 to P-6. 8. 85/07 (4) documents at Ex.P-1 to P-4. 9. 86/07 (4) documents at Ex.P-1 to P-4. 10. 92/07 (4) documents at Ex.P-1 to P-4. 11. 93/07 (5) documents at Ex.P-1 to P-5. 12. 97/07 (4) documents at Ex.P-1 to P-4. --------------------------------------------------------------------------------------------- 5. Heard the arguments of the counsel for respective complainants and perused the records. The following points arise for consideration and determination:- Whether the complainants in these twelve cases prove deficiency in service by both the Respondents in not making payment of their invested/deposited amount together with agreed rate of interest in-spite of their repeated demands, as alleged? Whether the respective complainants are entitled for the relief sought for? 6. Our finding on the above points are as under:- In the affirmative. As per final order for the following REASONS POINT NO.1:- 7. It is the case of the complainants in respective cases that they have invested/deposited a sum of Rs. 1,00,000/-, 1,30,000/-, 1,50,000/-, 30,000/-, 1,00,000/-, 50,000/-, 1,50,000/-, 25,000/-, 50,000/-, 30,000/-, 20,000/- & 50,000/- respectively with Respondents Firm by way of Demand Drafts on different dates for which the Respondents have given Receipts-Cum-Certificates agreeing to repay the same with agreed rate of interest thereon as mentioned in the respective Investment Certificates. It is also their case that on 24-08-07 and also on other subsequent days the complainants in all cases had been to the office of Respondent No-2 to withdraw their entire deposited amount together with upto date interest there on as they were in need of money for their family necessity. But it was locked. Therefore each of them got issued legal notice on 03-09-07 through their Advocate by Speed Post Acknowledgement Due and Under Certificate of Postings to both the Respondents. In the meantime the respective complainants met other investors/depositors who had not been repaid their money and came to know that the Respondents have duped the people and thus put the public including the complainants into loss. Thus a common notice was also issued wherein the name of each complainants appear in the said notice. The said legal notices have been duly served on both the Respondents. The Respondent No.2 has given reply to the legal notice on 29-09-07. However they have failed to pay back their invested amount. The Respondents are bound to repay the deposited/invested amount on demands together with up to date of interest as shown in the certificates. The act and attitudes of the Respondents amounts to deficiency in service. Despite the service of legal notice Respondents have failed and neglected to repay the deposited sum together with upto date interest. The failure of Respondents in not making the payment of the invested sum amounts to deficiency in service and due to which they suffered both mentally and physically and put to great loss on account of economic crisis in their family. 8. The complainants in 1st, 5th & 7th cases have filed three original Receipt cum- Investment Certificates, the complainant in 2nd case has filed six Receipt-cum-investment certificate, the complainant in 3rd case has filed five Receipt-cum-investment certificate, the complainants in the 4th, 6th, 8th, 9th, 10th, & 12th cases have filed one Receipt-cum-investment certificate each, the complainant in 11th case has filed two Receipt-cum-investment certificates, to show their respective invested/deposited amount as detailed in table at Para-2 of the judgement and the same are marked as Ex.P-1 to Ex.P-3 in the 1st, 5th, & 7th case, Ex.P-1 to P-6 in the 2nd case, Ex.P-1 to P-5 in the 3rd case, Ex.P-1 & P-2 in the 11th case, Ex.P-1 in the 6th, 8th, 9th, 10th, & 12th and at Ex.P-2 in the 4th case respectively. All the complainants have produced office copy of legal notice at Ex.P-4 in the 1st, 5th, & 7th case, Ex.P-7 in the 2nd case, Ex.P-6 in the 3rd case, Ex.P-3 in the 11th case and Ex.P-2 in the 6th, 8th, 9th, 10th & 12th and at Ex.P-3 in the 4th case respectively. They have also produced Delivery Sheet (Web Site) to show service of legal notice on Respondent No-1 at Ex.P-5 in the 1st, 5th, & 7th case, Ex.P-8 in the 2nd case, Ex.P-7 in the 3rd case, Ex.P-4 in the 11th case, Ex.P-3 in the 6th, 8th, 9th, 10th & 12th case and Ex.P-4 in the 4th case respectively. The complainants have also produced reply notice given by Respondent No-2 at Ex.P-6 in the 1st, 5th, & 7th case respectively, Ex.P-9 in the 2nd case, Ex.P-8 in the 3rd case, Ex.P-5 in the 11th case, Ex.P-4 in the 6th, 8th, 9th, 10th & 12th cases respectively and Ex.P-5 in the 4th case respectively. The complainant Prakash Katti in the 4th case i.e, DCFR.No. 81/07 has produced Notarized copy of death certificate of original depositor/investor at Ex.P-1 showing the date of death of original depositor Dr. Raghavendra Katti as on 02-05-05 at Raichur issued by Health Officer City Municipal Corporation Raichur. He has also produced Notarized copy of Ration Card at Ex.P-6 which shows the names of family members of Dr. Raghavendra Katti the original depositor including the name of complainant Prakash Katti showing as sons of one Ranganath Katti, being the head of family residing in H.No.1-1-109 Udaya Nagar Station Road Raichur. The complainant has produced this Ration Card to show that the original depositor Dr. Raghavendra was his elder brother. 9. From a close perusal of Receipt-cum-Investment Certificates as discussed above it amply shows that complainants have invested/deposited amount with the Respondents who had agreed to repay the same with interest as mentioned in respective Receipt-Cum-Investments-Certificates as stated above and failed to repay same with agreed rate of interest. As stated above in-spite of service of legal notice, the Respondents failed to repay the same which amounts to deficiency in service. Further, even to the notice issued by this Forum to their respective address, both Respondents remained absent and there was no representation on their behalf and so they have been placed Ex-parte. These factors together go to show that the Respondents are deficient in service in not making payment of respective invested amount to the complainants along with agreed rate of interest and the conduct of the Respondents in remaining absent in the proceedings before this Forum in-spite of service of notice shows that for the reasons best known to them they have remained absent and therefore we hold that the complainants have proved deficiency in service by both the Respondents and so Point No-1 is answered in the affirmative. POINT NO.2:- 10. The complainants have sought for direction to the Respondents for refund of their respective deposited/invested amount along with interest at 24% p.a. from the date of deposit till realization and for awarding compensation of Rs. One Lakh for mental tension & harassment etc., together with cost of litigation. In view of our discussion and finding on point No-1, the complainants are entitled for refund of their deposited/invested amount with agreed rate of interest from the date of investment till the date of complaints filed by them and future interest at 10% p.a. on the invested amount from the date of complaint till realization. As regard the claim of compensation is concerned having regard to the facts and circumstances of the case as discussed above we feel justification to allow a global compensation of Rs. 5,000/- including cost of litigation. In this view of the matter we pass the following order: COMMON ORDER The complaints of the complainants in these (12) cases are allowed in part. Both the Respondents jointly and severally shall refund the deposited/invested amount of Rs. 1,00,000/- to the complainant-Jayateertha K., Rs. 1,30,000/- to the complainant-Vishnuteertha.K; Rs. 1,50,000/- to the complainant- Smt. Nameeta.K.; Rs. 30,000/- to the complainant Prakash Katti Rs. 1,00,000/- to the complainant-Susheelendra.K; Rs. 50,000/- to the complainant-K.Lakshman Rao; Rs. 1,50,000- to the complainant-Smt. Rajashree S.K; Rs. 25,000/- to the complainant-Smt. Sandhya.S.Talapalli; Rs. 50,000/- to the complainant-Smt. V.Pushpavati; Rs. 30,000/- to the complainant Kumari Geetha; Rs. 20,000/- to the complainant-Smt. Sundara; Rs. 50,000/- to the complainant-P.Narasappa respectively together with agreed interest from the date of deposit till date of respective complaints filed in this Forum and future interest at 10% p.a. from the date of complaints till realization on the invested amount. Respondents shall also to pay a global compensation of Rs. 5,000/- including cost of litigation to all the respective complainants. Both the Respondents shall comply this order within two months from the date of receipt of copy of this order. Office to furnish certified copy of this order to all complainants and to both the Respondents who are Ex-parte forth with free of cost. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum On 30-01-08.) Sd/- Sri. N.H. Savalagi President Dist.Consumer Forum-Raichur. Sd/- Smt.Pratibha Rani Hiremath Member. Dist.Consumer Forum-Raichur. Sd/- Sri. Gururaj Member. Dist.Consumer Forum-Raichur.

COMMON JUDGEMENT The complainants in these Twelve cases have filed separate complaints U/s. 12 of Consumer Protection Act against the common Respondents No 1 & 2 as detailed in the cause title for deficiency of service. The complaints of the complainants being common in nature seeking similar relief of refund of money so they are clubbed and disposed of by common judgement. 2. The complaints of respective complainants being common in nature reads as under:- Each complainant in the above said twelve cases has deposited a certain amount with Respondent No-1/firm through Respondent NO-2 by way of Demand Drafts on different dates for which the Respondents have given Receipt-Cum-Investment Certificates to the respective complainants for the said deposited amount and agreed to pay interest thereon as shown in the Investment Certificates. The amount of investment made by each complainant is as under:- ----------------------------------------------------------------------------------------------------------------------------------- Sl. No. D.D./Cheque No. and date Amount invested/deposited 1. 2. 3. ----------------------------------------------------------------------------------------------------------------------------------- 1. complainant- Jayateertha K. in DCFR No.78/07 1. On 25-10-2004. Rs. 30,000=00 2. On 14-11-2004 Rs. 50.000=00 3. On 22-11-2004. Rs. 20,000=00 ------------------ Total Rs. 1,00,000=00 ------------------------------------------------------------------------------------------------------------------------- 2 complainant- Vishnuteertha K in DCFR No. 79/07 1. On 27-10-2003 Rs. 30,000=00 2. On 29-12-2003 Rs. 25,000=00 3. On 19-02-2004 Rs. 20,000=00 4. On 07-06-2004 Rs. 20,000=00 5. On 16-08-2004 Rs. 05,000=00 6. On 09-10-2004 Rs. 30,000=00 ---------------------- Total Rs. 1,30,000=00 ------------------------------------------------------------------------------------------------------------------------- 3 complainant- Smt. Nameeta K. in DCFR No.80/07 1. On 04-12-2004. Rs. 50,000=00 2. On 13-12-2004. Rs. 20,000=00 3. On 15-01-2005. Rs. 20,000=00 4. On 14-02-2005. Rs. 10,000=00 5. On 04-03-2005. Rs. 50,000=00 ------------------- Total Rs 1,50,000=00 ----------------------------------------------------------------------------------------------------------------------------------- 4 complainant- Prakash Katti in DCFR.No. 81/07 1. On 22-11-2003 Rs. 30,000=00 ------------------ Total Rs. 30,000=00 --------------------------------------------------------------------------------------------------------------------- 5 complainant- Susheelendra K. in DCFR No.82/07 1. On 05-01-2004. Rs. 30,000=00 2. On 19-02-2004. Rs. 20,000=00 3. On 12-06-2004. Rs. 50,000=00 ------------------- Total Rs 1,00,000=00 ------------------------------------------------------------------------------------------------------------------------- 6 complainant- K. Lakshman Rao in DCFR No.83/07 1. On 18-04-2005. Rs. 50,000=00 ------------------- Total Rs 50,000=00 ------------------------------------------------------------------------------------------------------------------------- 7 complainant- Smt. Rajashree.S.K. in DCFR No.84/07 1. On 09-10-2004. Rs. 50,000=00 2. On 15-11-2004. Rs. 50,000=00 3. On 07-04-2005. Rs. 50,000=00 ------------------- Total Rs 1,50,000=00 ------------------------------------------------------------------------------------------------------------------------ 8 complainant- Smt. Sandhya. S. Talapalli in DCFR No.85/07 1. On 11-04-2005. Rs. 25,000=00 ------------------- Total Rs 25,000=00 ------------------------------------------------------------------------------------------------------------------------- 9 complainant- Smt. V.Pushpavati in DCFR No.86/07 1. On 11-04-2005. Rs. 50,000=00 ------------------- Total Rs 50,000=00 ------------------------------------------------------------------------------------------------------------------------- 10 complainant- Kumari Geetha in DCFR No.92/07 1. On 18-04-2005. Rs. 30,000=00 ------------------- Total Rs 30,000=00 ------------------------------------------------------------------------------------------------------------------------- 11 complainant- Smt. Sundara in DCFR No.93/07 1. On 23-11-2004. Rs. 15,000=00 2. On 25-02-2005. Rs. 05,000=00 ------------------- Total Rs 20,000=00 ------------------------------------------------------------------------------------------------------------------------- 12 complainant- P. Narasappa in DCFR No.97/07 1. On 14-08-2004. Rs. 50,000=00 ------------------- Total Rs 50,000=00 ------------------------------------------------------------------------------------------------------------------------- On 24-08-07 and also on other subsequent days the complainants in all cases had been to the office of Respondent No-2 to withdraw their entire deposited amount together with upto date interest there on as they were in need of money for their family necessity. But it was locked. Therefore each of them got issued legal notice on 03-09-07 through their Advocate by Speed Post Acknowledgement Due and Under Certificate of Postings to both the Respondents. In the meantime the respective complainants met other investors/depositors who had not been repaid their money they also came to know that the Respondents have duped the people and thus put the public including the complainant into loss. Thus a common notice was also issued wherein the name of each complainants appear in the said notice. The said legal notices have been duly served on both the Respondents. The Respondent NO-2 has given reply to the legal notice on 29-09-07. However they have failed to pay back their invested amount. The Respondents are bound to repay the deposited/invested amount on demands together with up to date of interest as shown in the certificates. The act and attitudes of the Respondents amounts to deficiency in service. Despite the service of legal notice Respondents have failed and neglected to repay the deposited sum together with upto date interest. The failure of Respondents in not making the payment of the invested sum amounts to deficiency in service. The complainant have been suffering both mentally and physically as the Respondents have failed to repay their deposited amount and so they have been put to great loss. Hence for all these reasons complainants have prayed for a direction to the Respondents to refund/pay back their deposited/invested amount along with interest at the rate of 24% p.a. from the date of deposit till realization and further direction to pay Rs. One Lakh as compensation for mental tension, torture & harassment etc., 3. In-response to service of notice, both the Respondents remained absent on 18-12-07 (in the first three cases), on 11-01-08 (in 4th case), on 20-12-07 (in 5th , 6th & 7th case), on 26-12-07 (in 8th & 9th cases), on 07-01-08 (in 10th & 11th case), & on 18-01-08 (in the last case) and there was no representation either through their authorized agent or lawyer. So both the Respondents have been placed Ex-parte. 4. During the course of enquiry the respective complainants have filed their sworn affidavit as evidence and have got marked following documents in-support of their case as under:- ---------------------------------------------------------------------------------------------- Sl.No. Case No. Documents marked. 1 2 3 --------------------------------------------------------------------------------------------- 1. 78/07 (6) documents at Ex.P-1 to P-6. 2. 79/07 (9) documents at Ex.P-1 to P-9. 3. 80/07 (8) documents at Ex.P-1 to P-8. 4. 81/07 (6) documents at Ex.P-1 to P-6. 5. 82/07 (6) documents at Ex.P-1 to P-6. 6. 83/07 (4) documents at Ex.P-1 to P-4. 7. 84/07 (6) documents at Ex.P-1 to P-6. 8. 85/07 (4) documents at Ex.P-1 to P-4. 9. 86/07 (4) documents at Ex.P-1 to P-4. 10. 92/07 (4) documents at Ex.P-1 to P-4. 11. 93/07 (5) documents at Ex.P-1 to P-5. 12. 97/07 (4) documents at Ex.P-1 to P-4. --------------------------------------------------------------------------------------------- 5. Heard the arguments of the counsel for respective complainants and perused the records. The following points arise for consideration and determination:- Whether the complainants in these twelve cases prove deficiency in service by both the Respondents in not making payment of their invested/deposited amount together with agreed rate of interest in-spite of their repeated demands, as alleged? Whether the respective complainants are entitled for the relief sought for? 6. Our finding on the above points are as under:- In the affirmative. As per final order for the following REASONS POINT NO.1:- 7. It is the case of the complainants in respective cases that they have invested/deposited a sum of Rs. 1,00,000/-, 1,30,000/-, 1,50,000/-, 30,000/-, 1,00,000/-, 50,000/-, 1,50,000/-, 25,000/-, 50,000/-, 30,000/-, 20,000/- & 50,000/- respectively with Respondents Firm by way of Demand Drafts on different dates for which the Respondents have given Receipts-Cum-Certificates agreeing to repay the same with agreed rate of interest thereon as mentioned in the respective Investment Certificates. It is also their case that on 24-08-07 and also on other subsequent days the complainants in all cases had been to the office of Respondent No-2 to withdraw their entire deposited amount together with upto date interest there on as they were in need of money for their family necessity. But it was locked. Therefore each of them got issued legal notice on 03-09-07 through their Advocate by Speed Post Acknowledgement Due and Under Certificate of Postings to both the Respondents. In the meantime the respective complainants met other investors/depositors who had not been repaid their money and came to know that the Respondents have duped the people and thus put the public including the complainants into loss. Thus a common notice was also issued wherein the name of each complainants appear in the said notice. The said legal notices have been duly served on both the Respondents. The Respondent No.2 has given reply to the legal notice on 29-09-07. However they have failed to pay back their invested amount. The Respondents are bound to repay the deposited/invested amount on demands together with up to date of interest as shown in the certificates. The act and attitudes of the Respondents amounts to deficiency in service. Despite the service of legal notice Respondents have failed and neglected to repay the deposited sum together with upto date interest. The failure of Respondents in not making the payment of the invested sum amounts to deficiency in service and due to which they suffered both mentally and physically and put to great loss on account of economic crisis in their family. 8. The complainants in 1st, 5th & 7th cases have filed three original Receipt cum- Investment Certificates, the complainant in 2nd case has filed six Receipt-cum-investment certificate, the complainant in 3rd case has filed five Receipt-cum-investment certificate, the complainants in the 4th, 6th, 8th, 9th, 10th, & 12th cases have filed one Receipt-cum-investment certificate each, the complainant in 11th case has filed two Receipt-cum-investment certificates, to show their respective invested/deposited amount as detailed in table at Para-2 of the judgement and the same are marked as Ex.P-1 to Ex.P-3 in the 1st, 5th, & 7th case, Ex.P-1 to P-6 in the 2nd case, Ex.P-1 to P-5 in the 3rd case, Ex.P-1 & P-2 in the 11th case, Ex.P-1 in the 6th, 8th, 9th, 10th, & 12th and at Ex.P-2 in the 4th case respectively. All the complainants have produced office copy of legal notice at Ex.P-4 in the 1st, 5th, & 7th case, Ex.P-7 in the 2nd case, Ex.P-6 in the 3rd case, Ex.P-3 in the 11th case and Ex.P-2 in the 6th, 8th, 9th, 10th & 12th and at Ex.P-3 in the 4th case respectively. They have also produced Delivery Sheet (Web Site) to show service of legal notice on Respondent No-1 at Ex.P-5 in the 1st, 5th, & 7th case, Ex.P-8 in the 2nd case, Ex.P-7 in the 3rd case, Ex.P-4 in the 11th case, Ex.P-3 in the 6th, 8th, 9th, 10th & 12th case and Ex.P-4 in the 4th case respectively. The complainants have also produced reply notice given by Respondent No-2 at Ex.P-6 in the 1st, 5th, & 7th case respectively, Ex.P-9 in the 2nd case, Ex.P-8 in the 3rd case, Ex.P-5 in the 11th case, Ex.P-4 in the 6th, 8th, 9th, 10th & 12th cases respectively and Ex.P-5 in the 4th case respectively. The complainant Prakash Katti in the 4th case i.e, DCFR.No. 81/07 has produced Notarized copy of death certificate of original depositor/investor at Ex.P-1 showing the date of death of original depositor Dr. Raghavendra Katti as on 02-05-05 at Raichur issued by Health Officer City Municipal Corporation Raichur. He has also produced Notarized copy of Ration Card at Ex.P-6 which shows the names of family members of Dr. Raghavendra Katti the original depositor including the name of complainant Prakash Katti showing as sons of one Ranganath Katti, being the head of family residing in H.No.1-1-109 Udaya Nagar Station Road Raichur. The complainant has produced this Ration Card to show that the original depositor Dr. Raghavendra was his elder brother. 9. From a close perusal of Receipt-cum-Investment Certificates as discussed above it amply shows that complainants have invested/deposited amount with the Respondents who had agreed to repay the same with interest as mentioned in respective Receipt-Cum-Investments-Certificates as stated above and failed to repay same with agreed rate of interest. As stated above in-spite of service of legal notice, the Respondents failed to repay the same which amounts to deficiency in service. Further, even to the notice issued by this Forum to their respective address, both Respondents remained absent and there was no representation on their behalf and so they have been placed Ex-parte. These factors together go to show that the Respondents are deficient in service in not making payment of respective invested amount to the complainants along with agreed rate of interest and the conduct of the Respondents in remaining absent in the proceedings before this Forum in-spite of service of notice shows that for the reasons best known to them they have remained absent and therefore we hold that the complainants have proved deficiency in service by both the Respondents and so Point No-1 is answered in the affirmative. POINT NO.2:- 10. The complainants have sought for direction to the Respondents for refund of their respective deposited/invested amount along with interest at 24% p.a. from the date of deposit till realization and for awarding compensation of Rs. One Lakh for mental tension & harassment etc., together with cost of litigation. In view of our discussion and finding on point No-1, the complainants are entitled for refund of their deposited/invested amount with agreed rate of interest from the date of investment till the date of complaints filed by them and future interest at 10% p.a. on the invested amount from the date of complaint till realization. As regard the claim of compensation is concerned having regard to the facts and circumstances of the case as discussed above we feel justification to allow a global compensation of Rs. 5,000/- including cost of litigation. In this view of the matter we pass the following order: COMMON ORDER The complaints of the complainants in these (12) cases are allowed in part. Both the Respondents jointly and severally shall refund the deposited/invested amount of Rs. 1,00,000/- to the complainant-Jayateertha K., Rs. 1,30,000/- to the complainant-Vishnuteertha.K; Rs. 1,50,000/- to the complainant- Smt. Nameeta.K.; Rs. 30,000/- to the complainant Prakash Katti Rs. 1,00,000/- to the complainant-Susheelendra.K; Rs. 50,000/- to the complainant-K.Lakshman Rao; Rs. 1,50,000- to the complainant-Smt. Rajashree S.K; Rs. 25,000/- to the complainant-Smt. Sandhya.S.Talapalli; Rs. 50,000/- to the complainant-Smt. V.Pushpavati; Rs. 30,000/- to the complainant Kumari Geetha; Rs. 20,000/- to the complainant-Smt. Sundara; Rs. 50,000/- to the complainant-P.Narasappa respectively together with agreed interest from the date of deposit till date of respective complaints filed in this Forum and future interest at 10% p.a. from the date of complaints till realization on the invested amount. Respondents shall also to pay a global compensation of Rs. 5,000/- including cost of litigation to all the respective complainants. Both the Respondents shall comply this order within two months from the date of receipt of copy of this order. Office to furnish certified copy of this order to all complainants and to both the Respondents who are Ex-parte forth with free of cost. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum On 30-01-08.) Sd/- Sri. N.H. Savalagi President Dist.Consumer Forum-Raichur. Sd/- Smt.Pratibha Rani Hiremath Member. Dist.Consumer Forum-Raichur. Sd/- Sri. Gururaj Member. Dist.Consumer Forum-Raichur.