Date of filing:30.12.2013
Date of Disposal:11.3.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
TUESDAY, THE 11th DAY OF MARCH, 2014.
C.C.No.22 OF 2014.
Between :
1. Sriramula Radha Raman Murthi, S/o (Late) Ramamurthy, Hindu, 61 years, Properties, Residing at Flat No.403, 4th Floor, Srilakshmi Sai Towers, Jayaprakash Nagar, Opposite ITI Gate, Vijayawada – 520 008.
2. Smt Sriramula Subba Lakshmi, W/o Sriramula Radha Raman Murthi, Hindu, 58 years, Housewife, Properties, Residing at Flat No.403, 4th Floor, Srilakshmi Sai Towers, Jayaprakash Nagar, Opposite ITI Gate Vijayawada 520 008.
….. Complainants.
And
1. M/s Birla Shloka Edutech Limited, Rep., by its Authorized Signatory, Regd., Office at industry House, 159, Churchgate Reclamation, Mumbai – 400 020.
2. M/s Birla Shloka Edutech Limited, Rep., by its Authorized Signatory, Corporate office at Melster House, G-4, MIDC Cross Road A, Andheri (East), Mumbai – 400 093.
3. The Registrar Adriot Corporate Services Private limited, Unit: Birla Shloka Edutech
Limited, 19/20, Jaferbhoy Industrial Estate,1st Floor, Makwana Road, Marol Naka, Andheri East, Mumbai -400 093
…..Opposite Parties.
This complaint is coming before us for final hearing on 24.2.2014 in the presence of Y.Hemalata, Counsel for complainants and opposite parties remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act,1986.
The averments of the complaint are in brief:
1. The complainant 1 and 2 jointly made a non cumulative deposit of Rs.43,000/- with the 1st opposite party on 12.8.2013 for a period of one year. The 1st opposite party agreed to pay interest at 11.5% per annum and issued fixed deposit receipt. The 1st complainant gave her bank account particulars to the 1st opposite party to credit interest amount every month. As per the terms and conditions of the deposit the maturity amount will be paid on by surrendering the discharged deposit receipt to the opposite parties. Accordingly the complainant surrendered the deposit receipt to the opposite parties after the date of its maturity. The opposite parties received the same but failed to pay the maturity amount. Therefore the complainants got issued a legal notice demanding the opposite parties to pay the maturity amount. On receipt of the said notice also the opposite parties failed to pay the maturity amount which amounts to clear deficiency in service on their part. Hence the complainants are constrained to file this complaint against the opposite parties praying the Forum to direct the opposite parties to pay the maturity amount of the fixed deposit amount as per the deposit receipt along with interest; to pay further interest at 11.5% per annum on the maturity amount from the date of maturity till the date of realization; to pay Rs.20,000/- as compensation for mental agony and to pay costs.
2. Notices were served to the opposite parties 1 to 3. Opposite parties 1 to 3 called absent.
3. The 1st complainant filed her affidavit and got marked Exs.A.1 to Ex.A.7.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite parties towards the complainants in not refund the deposit amount with agreed interest?
2. If so are the complainants entitled for any relief?
3. To what relief the complainants are entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand it is evidenced that the complainants made Rs.43,000/- deposit jointly on 13.8.2012 under Ex.A.1 for a period of 12 months, interest at the rate of 11.5% per annum and the maturity date is 12.8.2013. The complainants say that the opposite parties agreed to pay interest at the rate of 11.5% per annum every month through the S.B. A/c of the 1st complainant on the said deposit. But the opposite parties did not pay any interest till now. After maturity of the said fixed deposit the complainant sent the said deposit receipt to the opposite parties under Ex.A.3 and the opposite parties received the same under Ex.A.4. As there was no response from the opposite parties the complainant sent E-mail message to the opposite parties on 31.8.2013 and 3.9.2013 under Ex.A.2 stating that they sent the fixed deposit receipt by post and the opposite party received the same. The complainant requested to send the deposit money within fifteen days failing which they would take necessary legal actions. As there was no response from the opposite parties the complainants got issued a legal notice Ex.A.5 dated 10.10.2013 under Ex.A.6 through their advocate and the same was acknowledged by opposite parties under Ex.A.7. The above documents show the facts of the complaint that the complainants deposited the above amount with the opposite parties requesting to deposit interest in every month in complainants S.B. account and return the same deposit amount after one year. After filing the complaint the opposite parties deposited an amount of Rs.44,815/-. It amounts to not only deficiency in service but also unfair trade practice on the part of the opposite parties towards the complainants. The complainants are present in the Forum and informed that the 2nd complainant is suffering with paralysis so they deposited amounts to get interest every month for his medicines. We observed the sufferings of the 2nd complainant and decide to award compensation. Hence the opposite parties are liable to pay the balance interest at the rate of 11.5% p.a. to the complainants till 25.2.2013 and to pay compensation to the complainants. Accordingly these points are answered.
POINT NO.3:-
7. In the result, the complaint is allowed and the opposite parties 1 to 3 jointly and severally are directed to pay interest on Rs.43,000/- (Forty three thousand rupees only) at the rate of 11.5% per annum from the date of deposit i.e., 13.8.2012 till 25.2.2014 less Rs.1815/- deposited by the opposite party; to pay Rs.20,000/- (Twenty thousand rupees only) towards mental agony and to pay Rs.5,000/- (Five thousand rupees only) as costs to the complainant. Time for compliance within one month.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 11th day of March, 2014.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainants: For the opposite parties:-
P.W.1 Sriramula Radha Raman Murthi None
1st Complainant
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainants:
Ex.A.1 31.08.2012 Photocopy of Fixed Deposit Receipt for Rs.43,000/-.
Ex.A.2 03.09.2013 Copy of E-mail letter.
Ex.A.3 28.08.2013 Postal receipt.
Ex.A.4 . . Postal acknowledgement.
Ex.A.5 10.10.2013 Office copy of legal notice.
Ex.A.6 . . Three acknowledgements.
Ex.A.7 . . Photocopy of acknowledgement.
For the opposite parties:-
Nil.
PRESIDENT.2013 Office copy of legal notice.
