M.S. Balaji filed a consumer case on 29 Oct 2010 against M/s Chanakya Finance Corporation Ltd., & 9 others in the Mysore Consumer Court. The case no is CC/10/519 and the judgment uploaded on 30 Nov -0001.
Karnataka
Mysore
CC/10/519
M.S. Balaji - Complainant(s)
Versus
M/s Chanakya Finance Corporation Ltd., & 9 others - Opp.Party(s)
M.G.
29 Oct 2010
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009. consumer case(CC) No. CC/10/519
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE. Dated this 29th day of October 2010 Complaint No. 519/2010 Present: 1) Sri. T.H. Narayanagowda, President. 2) Smt. Y.V. Uma Shenoi, Member. 3) Sri. Shivakumar .J, Member. Complainant: M.S.Balaji, S/o M.P.Shankar, Minor Rep. by Guardian Venkatamma, D.No.2203/192, Medars Block, New Bamboo Bazar, Mysore-570002. (By Sri. H.G, Advocate) V/S Opponents: 1. (a) A.L.Nanjundaraja Urs, (b) Sri Rajeevalochana, M/s Chanaykya Finance Corporation Ltd., No.381, First Floor, 2nd Cross, Benki Nawab Street, Mandi Mohalla, Mysore. 2. Sri A.L.Nanjunda Raje Urs, S/o Late Lingaraje Urs, No.725/O, IInd Cross, Vishwamanava Double Road, Kuvempunagar, Mysore. 3. Sri Rajeevalochana, S/o V.V.Venkateshaiah, No.265, 8th Cross, Gallarageri, Dewans Road, Chamarajapura, Mysore. 4. Sri M.K.Biddappa, S/o H.S.Kariyappa, D.No.20, K.Badagu Village, FNC College Post, Madakeri 571201. 5. Smt.Leelavathi, W/o M.Shivanna, No.453, 1st Cross, 1st Stage, Gayathripuram, Mysore. 6. Smt.S.Nagarathna, w/o R.Srinivas, D.No.834, 1st Cross, Kammatageri, Mandimohalla, Mysore. 7. Smt.H.N.Dakshayani, W/o R.Ramesh, D.No.834, 1st Cross, Kammatageri, Mandi Mohalla, Mysore. 8. Sri Jayaprakash, S/o Late Apparoo Pillai, D.No.3047, 1st Cross, 1st Stage, Gokulam, Mysore. 9. Smt.Lalitha, W/o T.V.Venktaramu, No.3, Gokulam, 4th Stage, Manjunathapura, Mysore. 10. Sri A.M.Monappa, S/o A.P.Mandappa, D.No.22/41, Near Health Office, Madakeri 571201. (O.P.1, 2 and 8 - EXPARTE) (O.P.3 by Sri A.M.B, Adv., O.P.5 by Sri S.L.P., Adv. & O.P. Nos.4, 6,7,9 and 10 by Sri B.V.R., Adv.) (Order dictated by Sri. T.H.Narayana Gowda, President) ORDER This is a complaint filed by the complainant u/s. 12 of the C.P. Act 1986 against the opponents for directing them to pay the F.D. amounts of Rs.1,50,000/ in all along with interest at the rate of 12% p.a., damages of Rs.8,000/- and cost of the complaint at Rs.6,000/- etc., 2) The case of the complainant is as follows:- That the opponent No.1 is a Partnership Firm and the opponent Nos.2 to 10 are its partners and they are running the Finance Corporation in the name of Chanakya Finance Corporation Ltd., Mysore. The opponent Nos.2 and 3 are the Managing partners of the opponent No.1 Finance Corporation Ltd. That on the pursuation of the opponents, the guardian of the minor complainant has deposited the total sum of Rs.1,50,000/- in the opponents Finance Corporation as two F.D.s of Rs.1,00,000/- and Rs.50,000/- on 18.01.2006 and 16.03.2006 respectively for a period of 50 months. The opponents have agreed to pay the interest at the rate of 12% p.a on monthly basis. Accordingly, the opponent No.2 has issued F.D. receipts bearing Nos. 534 and 740 dated 18.01.2006 and 16.03.2006 respectively on behalf of the Finance Corporation. But, subsequently the opponents have failed to pay the interest at the rate of 12% p.a. on monthly basis as agreed by them inspite of repeated demands. Even after the maturity of the F.D.s when the guardian of the complainant approached opponents for the payment of the said amounts, the opponents have failed to pay the said amounts. Hence, the guardian of the complainant has got issued the legal notice dated: 29.05.2010 to the opponents demanding them to pay the said amounts along with interest. Inspite of the same, the opponents have not paid the said amounts and thus they have committed the deficiency in service. Therefore this complaint is filed against the opponents for the recovery of the said amounts along with interest, compensation and costs as claimed in the complaint. 3) Inspite of service of notice, the opponent Nos.1, 2 and 8 remained absent. Hence, they have been placed exparte. The opponent Nos.3, 4 to 7, 9 and 10 appeared before the Forum through their advocates and resisted the complaint by filing their versions. In their version, they have not denied the main case of the complainant regarding the deposits held by him in their Finance Corporation. But, they have taken the contention that the opponent No.2 alone was managing the affairs of the Finance Corporation in his personal capacity and therefore, he is alone liable for the transactions made by him including the amounts claimed in the complaint and further they have contended that the opponent No.2 has exceeded his limits as a partner and therefore, they are not liable to pay any amounts claimed in the complaint and the same is liable to be dismissed against them. Mainly on these grounds, the contesting opponents have urged for the dismissal of the complaint with costs. 4) After the filing of the version, the guardian of the complainant has filed the affidavit in lieu of evidence and relied upon several documents in support of the case made out in the complaint and closed the evidence. Thereafter, the contesting opponents have filed the affidavit of the opponent No.10 in lieu of evidence and other opponents have adopted the same by filing a memo to that effect and closed their evidence. Hence, thereafter both the parties have filed the written arguments and the oral arguments were also heard and then posted the case for orders. 5) In view of the aforesaid contentions taken by both the parties and the arguments submitted by their advocates, the points that would arise for our consideration are as follows:- 1) Whether the complainant is entitled for the reliefs sought for in the complaint? 2) What Order? 6) Our findings on the aforesaid points are as follows:- Point No.1:- Partly in the affirmative. Point No.2:- As per final order for the following, REASONS 7) Point No.1:- As already stated above, in order to establish his case, the guardian of the complainant has filed the affidavit in lieu of evidence and relied upon several documents in support of the case made out in the complaint. In the affidavit, the guardian of the complainant has duly sworn on oath in respect of all the averments of his case made out in the complaint. Thus the oral evidence of the complainant fully support his case made out in the complaint including the demands made by his guardian for the payment of the F.D. amounts. Apart from the said oral evidence, the guardian of the complainant has also relied upon the original F.D.R.s bearing Nos.534 and 740 dated 18.01.2006 and 16.03.2006 respectively, office copy of legal notice dated: 29.05.2010, Xerox copies of C.O.P and postal receipts in support of the case. The contents of the said documents also support the oral evidence of the guardian of the complainant and the case made out in the complaint. Thus, the oral and the documentary evidence placed on record by the complainants guardian fully support the case made out in the complaint. The said evidence of the complainant is neither seriously challenged nor rebutted by the contesting opponents. On the other hand, the contesting opponents have contended that the opponent No.2 being the Managing partner, he was alone looking after the affairs of the finance corporation in his personal capacity and further he has exceeded his limits as a partner and therefore, he is alone liable for the amounts claimed in the complaint and they are not liable to pay any amounts to the complainant. Thus the contesting opponents have not denied the case of the complainant. On the other hand, indirectly they have admitted the case of the complainant by saying that the opponent No.2 alone is liable to pay the amounts claimed in the complaint. It appears that there is a dispute between the opponents interse and it is not a matter to be considered by this Forum. Hence, under these circumstances, we have no other alternative except to hold that the complainant has established his case by placing sufficient material on record. 8) From the facts and circumstances of the case including the material discussed above, clearly indicate that the opponents have failed to pay the F.D. amounts to the complainant inspite of repeated demands and thus there is deficiency in service on the part of the opponents. Therefore, they are liable to pay the reasonable compensation of Rs.2,000/- and cost of Rs.600/- apart from the refund of the F.D. amounts of Rs.1,50,000/- along with interest. Having regard to the facts and circumstances of the case and the present banking rate of interest, we feel it just and reasonable to grant further interest at the rate of 6% p.a. from the date of maturity till the date of payment. Accordingly, we answer the point No.1 partly in the affirmative. 9) Point No.2:- In view of the reasons and finding recorded on the point No.1, we hold that the complainant is entitled for the recovery of the F.D. amounts along with interest, compensation and costs as stated above. Accordingly, the complaint deserves to be allowed in part in the ends of justice. Hence in the final result, we proceed to pass the following, :: O R D E R :: The complaint is allowed in part and the opponents are jointly and severally directed to pay the F.D. amount of Rs.1,00,000/- to the complainant along with interest at the agreed rate of 12% p.a. from the date of deposit that is from 18.01.2006 till the date of maturity and further interest at the rate of 6% p.a. from the date of maturity that is from 18.03.2010 till the date of payment. The opponents are also jointly and severally directed to pay the other F.D. amount of Rs.50,000/- to the complainant along with interest at the agreed rate of 12% p.a. from the date of deposit that is from 16.03.2006 till the date of maturity and further interest at the rate of 6% p.a. from the date of maturity that is from 16.05.2010 till the date of payment The opponents are also directed to pay the compensation of Rs.2,000/- and costs of Rs.600/- to the complainant. All the aforesaid amounts shall be paid to the complainant within 45 days from the date of receipt of copy of this order. (Order dictated, corrected and then pronounced in the open Forum on this 29th day of October 2010) Member. Member. President. S.R.L.