Date of Filing : 23-09-2011
Date of Disposal : 24-07-2015
BEFORE THE DISTRICT CONSUMER FORUM, PRAKASAM DISTRICT AT ONGOLE.
PRESENT: SRI P.V. KRISHNA MURTHY, B.A., B.L PRESIDENT
SRI K. UMAMAHESWARA RAO, M.A., B.L., MEMBER
This the 24th day of July, 2015
C.C.NO.145/2011
BETWEEN:
P.N.V.B. Kameswara Rao,
S/o. Butchi Raju, age 30 years,
Hindu, R/o. D.No.12-3-30
Naaz Theatre Centre,
Chirala Town & Mandal,
Prakasam District. … Complainant.
AND
M/s. Fly Pigeon courier Service,
Renigunta is, rep.by its Managing Director,
Chandragiri Srinivasa Prasad,
Aged 40 years, D.No.14-70,
Gowri Nagar,
Renigunta of Chittoor District. … Opposite party.
This complaint under Sec.12 of the Consumer Protection Act, 1986 coming on 14-07-2015 for final hearing before us in the presence of Sri A.Ramaiah, advocate for the complainant and the opposite party called absent and having stood over for consideration till this day and this Forum made the following:
ORDER
(ORDER BY SRI K.UMAMAHESWARA RAO, MEMEBR)
1. The brief averments of the complainant as are fallows:-
The complainant took M/s. Fly Pigeon courier Service (Domestic & International) Franchise from the opposite party for Prakasam District for which he paid Rs.1,00,000/- towards security deposit to the opposite party on 12.05.2010. As per terms and conditions of the agreement in the complainant has to receive Rs.5/- + service tax on each cover booked by the complainant. As per clause No.17 of agreement the complainant every year has to pay Rs.2,500/- towards renewal fee to the opposite party on first day of April and also as per agreement the opposite party has to return the security deposit of Rs.1,00,000/- to the complainant without interest on his closure of business. The complainant immediately opened an office near I-Town Police Station, Ongole and started the business but the opposite party did not start the business. The complainant waited for a period of three months and booked the covers but the opposite party did not receive the said covers nor provide the transporting facility. The complainant asked to the opposite party personally about his illegal activity for which opposite party did not respond. Later, on 11.11.2010 complainant issued a legal notice to opposite party for refund of Rs.1,00,000/- deposit amount with interest at the rate of 24 % p.a., and Rs.15,000/- towards office expenses but the opposite party refused to receive the said notice. So, the acts of opposite party come under purview of deficiency of service. Hence, the complaint.
2. The opposite party did not contest the matter after receiving the notice.
3. Now the point for consideration is “whether the complaint is maintainable before this forum or not”?
4. The complainant filed his affidavit and marked Exhibits A1 to A6.
5. POINT: The complainant counsel contended that the opposite party took security deposit of Rs.1,00,000/- from the complainant for giving courier franchise for prakasam district and fail to commence the business for which the complainant incurred Rs.15,000/- for office expenses for a period of three months. The complainant counsel also stated that the opposite party fails to receive the covers from the complainant and fail to provide transport facility, which is contra to the agreement dated 12.05.2010. So the complainant prays the forum to allow the complaint as prayed.
As per the pleadings and evidence on record we can understand that the refund of security deposit does not fall within purview of consumer dispute. In view of the citation reported in
IV (2003) CPJ 372 (NC) (Monto Motors Ltd. Vs. Sri Sai Motors & Another) held that “Dealership – Refund of security amount – Dispute not within purview of Consumer Protection Act”.
In these circumstances the complaint is not a consumer dispute and not maintainable as per Consumer Protection Act.
6. In the result, the complaint is dismissed without costs.
Dictated to the Shorthand-writer, typed by her, corrected by me and pronounced in the open Forum this the 24th day of July, 2015.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
COMPLAINANT OPPOSITE PARTY
NONE NONE
DOCUMENTS MARKED FOR COMPLAINANT:-
Ex.A1: - : Photostat copy of the Pamphlet.
Ex.A2 : 28.04.2010 : Xerox copy of From ST.2 issued by Central Board of Excise & Customs,
Ministry of Finance.
Ex.A3 : 12.05.2010 : Xerox copy of the appointment letter.
Ex.A4 : : Xerox copy of the agreement.
Ex.A5 : 11.11.2010 : Office copy of regd. legal notice.
Ex.A6 : - : Returned registered cover.
DOCUMENTS MARKED FOR OPPOSITE PARTY :- NIL
Sd/-
PRESIDENT
Copies to:
1. Sri A.Ramaiah, Advocate, Ongole
2. M/s. Fly Pigeon courier Service, Renigunta is, rep.by its Managing Director, Chandragiri Srinivasa
Prasad, Aged 40 years, D.No.14-70, Gowri Nagar, Renigunta of Chittoor District.
Date when free copy was issued:
