Date of Complaint :05/08/2014

                                  Date of Disposal :26/02/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

 SMT. K.D. PARVATHY, MEMBER

O R D E R

1. This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opponent for deficiency of service directing the opponent’s to pay the sum of Rs.25,000/- vide receipt No.107534 dated 25/12/2008 along with 18% interest till date or deliver the plot which was assured along with Rs.10,000/- as compensation for mental agony.

2. After the admission of the complaint, as usual issued notice to the opponent’s by RPAD.  The opponent’s have filed the vakalath and the opponent’s learned counsel submitted to either settle the matter or to file their version.  But inspite of filing vakalath the opponent have remained absent throughout the hearing of the case.  There upon the complainant has filed the affidavit in lieu of oral evidence and has relied upon a document in support of his case.  The arguments of the complainant were heard and then posted the case for orders.

3. In view of the facts and circumstances of the case and hearing the arguments submitted by the complainant the following points that would arise for our consideration are as follows;

1. Whether the complainant proves deficiency of service against the opponent and he is entitled for the reliefs sought for in the complaint?

2. To what order the parties are entitled?

4. Our findings on the aforesaid points are as follows:-

1. Point No.1:- Partly in the affirmative
2. Point No.2:- As per order.

5. Point No.1:- The  complainant in his complaint and in his affidavit has stated that the opponent had received a sum of Rs.25,000/- from the complainant for the purpose of developing farming, fishery and dairy to be done in the opponent’s company land and the opponent had assured to give one plot No.514 measuring 500 sqft for which an agreement was also executed by the opponent’s company.  The opponent’s company had also agreed to repay the said sum of Rs.25,000/- received from the complainant vide receipt No.107534 dated 25/12/2008 along with interest per annum to the complainant after 6 years. After 6 years the complainant approached the opponent to handover the plot or the money which the opponent assured but till date have not complied with.

6. The documents produced by the complainant clearly shows that the opponent had received a total sum of Rs.25,000/- from the complainant.  The documentary evidence placed on record fully corroborates the case of the complainant that he has invested the sum of Rs.25,000/- in the company of the opponent in the year 2008.  The opponent though have filed vakalat and had expressed their opinion orally either to enter into compromise or file their version but have remained absent.  Thus the evidence adduced by the complainant remained unchallenged.  There is nothing on record to disbelieve the evidence supported by documents.  The opponent has earned profit out of the amount invested by the complainant.

7. In view of the aforesaid reasons, we are of the opinion that the complainant has established his case as made out in the complaint by placing sufficient material on record.  The complainant is entitled for the amount of Rs.25,000/- along with interest at the rate of 18% from the date of the investment till the date of realization and also Rs.5,000/- towards his mental agony and a sum of Rs.2,000/- towards the cost of this proceedings from the opponent.  Accordingly we answered point No.1 partly in the affirmative.

8. Point No.2:- In view of our findings on point No.1, we proceed to pass the following;

O R D E R

1. The complainant filed u/sec 12 of the CP Act by Sri.M.M. Appaiah on 05/08/2014 against M/s. Guru Agri Farm Pvt.Ltd., Shankaramat Circle, LIC Colony, Basaveshwaranagar, Bangalore is hereby partly allowed.
2. The opponent is directed to pay the sum of Rs.25,000/- to the complainant along with interest at the rate of 18% from the date of investment till the date of payment.
3. The opponent is also liable to pay a sum of Rs.5,000/- to the complainant towards mental agony and a sum of Rs.2,000/- towards the cost of this proceedings to the complainant within one month from the date of this order failing which the complainant is at liberty to recover the said total amount of Rs.7,000/- with interest at the rate of 10% per annum from the date of this order till realization of the entire amount.
4. If this order is violated the complainant is also at liberty to file private compliant against opponent for the offence punishable u/sec 27 of the CP Act, which is punishable with imprisonment as well as fine.
5. Issue certified copies of this order at free of cost to both the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 26^th day of  February 2015)