BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 30^th September 2013

PRESENT

        SMT. ASHA SHETTY           :   PRESIDENT

                        SMT.LAVANYA M. RAI       :   MEMBER

                        SRI. ARUN KUMAR K.        :   MEMBER

COMPLAINT NO.204/2013

(Admitted on 27.07.2013)

Geetha,

Do Vishwanatha,

Rat Door No.3 121 10,

Thoipekal, Vamanjoor,

Mangalore Taluk.                                   …….. COMPLAINANT

(Advocate for Complainant: Sri Vasanth Kumar)

          VERSUS

Mr.Naveen Chandra Gatty  

Naveen Chandra A,

Proprietor, Bizare Finance,

R at D.No.5 144 17,

Sri Benaka, Tandolige Padpu,

Jappinamogaru Village,

Mangalore Taluk.                                    ……. OPPOSITE PARTY

(Opposite Party: Exparte)

                                      ***************

ORDER DELIVERED BY HON’BLE PRESIDENT

SMT. ASHA SHETTY:

I.       1. This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service as against the Opposite Party claiming certain reliefs. 

The brief facts of the case are as under:

The complainant stated that, he had deposited Rs.1,64,000/- with the Opposite Party and Opposite Party inturn issued F.D. Receipt mentioning the maturity value is of Rs.1,74,000/- with the maturity date 4.5.2013.  On the date of maturity, the Complainant approached the Opposite Party but the Opposite Party issued a cheque dated 14.5.2013 for Rs.1,74,000/- drawn on State Bank of India but the same has been returned ‘insufficient funds’ and thereafter requested the Opposite Party to pay the amount  but the Opposite Party failed and hence the complainant filed the above complaint under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Party to pay Rs.1,74,000/- along with interest at the rate of 24% per annum from 14.5.2013 till payment to the complainant along with compensation and cost of the proceedings.

II.      1. Version notice served to the Opposite Party by R.P.A.D. Opposite Party inspite of receiving version notice neither appeared nor contested the case before this FORA.  Hence, we have proceeded exparte as against the Opposite Party.  The postal acknowledgement marked as Court Doc. No.1.

III.     1.  In support of the complaint, Mrs. Geetha (CW1) – Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex C1 to C6. Opposite Party placed exparte.

In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the Complainant proves that the Opposite Party has committed deficiency in service?

2. If so, whether the Complainant is entitled for the reliefs claimed?

3. What order?

                        We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:

                          Point No.(i): Affirmative.

                         Point No.(ii) & (iii): As per the final order. 

REASONS

IV.     1.  POINTS NO. (i) TO (iii):

In the instant case, the Complainant i.e. CW-1 filed affidavit stating that she had deposited Rs.1,64,000/- with the Opposite Party and the Opposite Party inturn issued a stamped F.D. receipt stating that on the date of maturity i.e. on 14.5.2013 the Complainant will be paid Rs.1,74,000/- being the maturity value of the Fixed Deposit and issued cheque towards the maturity value but the same has been returned with the endorsement ‘insufficient funds’. However, in order to substantiate the above contentions, the Complainant produced F.D. Receipts issued by the Opposite Party,  wherein, the Opposite Party specifically mentioned that on the date of maturity the amount will refunded to the Complainant with the maturity value and also issued a cheque as per Ex.C4 dated 17.5.2013 but the same has been returned with an endorsement ‘insufficient funds’ issued by the bank clearly shows that, the Opposite Party inspite of receiving the above said amount not paid the maturity value till this date amounts to deficiency in service as well as unfair trade practice.

Apart from that, the Opposite Party not appeared before the court nor contraverted the evidence of the Complainant filed before this authority.  The unrebutted evidence requires no further proof. Hence, we hold that, the Opposite Party without paying the F.D. Amount on the date of maturity or within reasonable time till this date amounts to deficiency in service as well as unfair trade practice.  Therefore, the Opposite Party shall refund the amount of Rs.1,74,000/- i.e. maturity value along with interest at the rate of 12 % per annum from the date of maturity till the date of payment and also pay Rs.2,000/- (Rupees Two thousand only) as cost of the litigation expenses.  Payment shall be made within 30 days from the date of this order.

In the present case, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded.

In the result, we pass the following:  

ORDER

The complaint is allowed. The Opposite Party i.e. Bizare Finance represented by its Proprietor Mr.Naveen Chandra Gatta @ Naveen Chandra A shall pay a sum Rs.1,74,000/- (Rupees one lakhs seventy four thousand only) to the Complainant along with interest at the rate of 12% per annum from the date of maturity i.e. on 14.5.2013 till the date of payment and also pay Rs.2,000/- (Rupees Two thousand only) as cost of the litigation expenses.  Payment shall be made within 30 days from the date of this order.

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

(Page No.1 to 6 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 30^th day of September 2013)

          PRESIDENT                MEMBER                         MEMBER

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1 – Mrs. Geetha – Complainant.

Documents produced on behalf of the Complainant:

Ex C1: F.D. Receipt issued by the Opposite Party in favour of the complainant.

Ex C2: Acknoledgement cum F.D. Receipt.

Ex C3: 14.5.2013: Cheque of Rs.1,74,000/-.

Ex C4:Bounced Endorsement.

Ex C5:Notice issued by the complainant to the Opposite party.

Ex C6:Unclaimed R.P.A.D. Cover.

COURT DOCUMENT:

Doc No.1: Postal acknowledgement.

Witnesses examined on behalf of the Opposite Party:

- Nil -

Documents produced on behalf of the Opposite Party:        

- Nil -

Dated:30-09-2013                                       PRESIDENT