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.23 OF 2014.
Between :
1. 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 ITIT Gate Vijayawada 520 008.
2. 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.
….. 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 two non cumulative deposits of Rs.43,000/- and Rs.46,000/- with the 1st opposite party on 13.8.2012 and 25.8.2012 respectively for a period of one year. The 1st opposite party agreed to pay interest at 11.5% per annum and issued fixed deposit receipts. 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 deposit receipts to the opposite parties. Accordingly the complainant surrendered the deposit receipts to the opposite parties after the date of its maturity. The opposite parties received the same but failed to pay the maturity amounts. Therefore the complainants got issued a legal notice demanding the opposite parties to pay the maturity amounts. On receipts 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 amounts as per the deposit receipts 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 no refund the deposit amounts 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 record it is clear that the complainants 1 and 2 are jointly deposited an amount Rs.43,000/- on 13.8.2012 and Rs.46,000/- on 25.8.2012 for a period of 12 months and the rate of interest is 11.5% per annum and the maturity date is 12.8.2013 and 24.8.2013 respectively under Ex.A.1 and Ex.A.2. The complainants say that the opposite parties agreed to pay interest every month on the said deposits. But the opposite parties did not pay any interest till now. After maturity of the fixed deposits they sent the deposit receipts to the opposite parties by post. Ex.A.4 postal receipt and Ex.A.5 acknowledgement shows that the complainants sent the fixed deposit receipts and the opposite parties received the same. As there was no response from the opposite parties the complainants sent E-mail message to the opposite parties on 31.8.2013 under Ex.A.3 requesting to pay capital + interest as cumulative deposits otherwise they would approach the court of law. The complainants sent another E-mail message to the opposite parties on 3.9.2013 stating that they sent the fixed deposit receipts by registered post and the opposite parties received the same. The complainants requested to send the 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 legal notice under Ex.A.6 dated 10.10.2013 through their advocate and the same was acknowledged by the opposite parties under Ex.A.7. The above documents show the facts of the complaint that the complainants deposited the above amounts 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/- and Rs.48,116/-. 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 the 2nd complainant is suffering with paralysis so that they deposited amounts to get interest every month for his medicines. We observed the sufferings of the 2nd complainant and decide to award compensation in both C.Cs. even though the complainants are same. Hence the opposite parties are liable to pay the balance interest at the rate of 11.5% per annum to the complainants till 25.2.2014 and to pay compensation. Accordingly these points are answered.
POINT No.3:-
7. In the result, the complaint is allowed and the opposite parties 1 to 3 are jointly and severally are directed to pay interest on Rs.43,000/- and Rs.46,000/- at the rate of 11.5% per annum from respective dates of deposits i.e., 12.8.2012 and 25.8.2012 till 25.2.2014 less Rs.1,815/- Rs.2,116/- deposited by the opposite parties; to pay Rs.20,000/- towards compensation for mental agony and to pay costs of Rs.5000/- to the complainants. 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 Smt Sriramula Subba Lakshmi 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 31.08.2012 Photocopy of Fixed Deposit Receipt for Rs.46,000/-.
Ex.A.3 03.09.2013 Copy of E-mail letter.
Ex.A.4 28.08.2013 Photocopy of postal receipt.
Ex.A.5 . . Photocopy of postal acknowledgement.
Ex.A.6 10.10.2013 Office copy of legal notice.
Ex.A.7 . . Photocopies two acknowledgements.
For the opposite parties:-
Nil.
PRESIDENT
