BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Monday, the 19th day of May, 2008.
CONSUMER DISPUTE NO. 41/2006
Between:
1. Avadhutha Janardhan, S/o Mallaiah,
Age: about 42 years, Occ: Private Employee,
R/o H.No.1-11-41, Weaver’s colony,
Jangaon, Warangal District.
2. Avadhutha @ Beerukuri Ramalaxmi, W/o Janardhan,
Age: about 36 years, Occ: Household,
R/o H.No.1-11-41, Weaver’s colony,
Jangaon, Warangal District.
3. Avadhutha Swapna, D/o Janardhan,
Age: about 19 years, Occ: Student,
R/o H.No.1-11-41, Weaver’s colony,
Jangaon, Warangal District.
4. Avadhutha Sampath, S/o Janardhan,
Age: about 16 years, Occ: Student (minor),
Rep. through his natural father and guardian A.Janardhan,
R/o H.No.1-11-41, Weaver’s colony,
Jangaon, Warangal District.
… Complainants
AND
1. Kovela Permanent Fund Ltd., Regd office,
H.No.2-5-33, Nehru Park, Jangaon,
Rep. by its Managing Director Sri J.Ravinder,
S/o Pentaiah, Age: 40 yrs, Occ: Business,
R/o H.No.1-7-72, Girnigadda, Jangaon,
Warangal District.
2. Sri J.Ravinder, S/o Pentaiah,
Age: 40 yrs, Occ: Business,
R/o H.No.1-7-72, Girnigadda,
Jangaon, Warangal District.
… Opposite Parties
Counsel for the Complainants : Sri. T.V.Ramana, Advocate
Counsel for the Opposite Parties: Sri G.Murali Krishna Rao, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainants against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay Rs.28,000/- to the complainants jointly and severally @ interest 24% p.a. and with cost.
The brief averments contained in the complaint filed by the complainant are as follows:
The complainant NO.2 is the wife, complainant No.3 is daughter and complainant No.4 is the minor son of the complainant No.1. The opposite parties have established a company under the name and style “Kovela Permanent Fund Ltd., having its registered office in H.No.2-5-33, Jangaon, Warangal district. The complainants obtained 14 deposit bonds for Rs.1,000/- each and its maturity value of Rs.2,000/- for each bond payable after 60 months from the date of deposit. The complainants approached the Opposite parties after the deposit bonds are matured for repayment of the face value of the maturity bonds. The opposite party No.2 promised to repay the bond amounts. Inspite of repeated demands by the complainants, the opposite parties did not repay the bond amounts. The opposite parties have dodging the matter on one or the other pretext. Vexed with the attitude of opposite parties, the complainants got issued legal notice dated 24-11-2003, the opposite parties received the legal notice, but they did not given any reply nor paid the amount. As such the complainants filed this case before this Forum.
Opposite party NO.2 filed the Written Version contending in brief as follows:
The complainants are not the consumer to the opposite parties and the relationship in between the parties as alleged are not within the meaning of Consumer as contemplated in the Consumer Protection Act. Admittedly the bonds have been issued in the year 1996 and the maturity period was in the year 2001 and the complaint has been lodged after lapse of two years from the date of maturity o bonds and the complaint deserves to be rejected on limitation aspect.
Opposite party No.1 filed a memo adopting the Written version of Opposite party No.2.
The complainants in support of their claim filed the Affidavit of complainant No.1 in the form of chief examination and also marked Exs.A-1 to A-18. On behalf of Opposite parties J.Ravinder filed his Affidavit in the form of chief examination and also marked Ex.B-1.
Now the point for consideration is whether the complainants are entitled to get an amount of Rs.28,000/-, interest @12% p.a. and costs.
After arguments of both side Counsels, our reasons are like this:
The counsel for Opposite parties argued that this case is barred by limitation. But for this my answer is that it is not barred by limitation.
Opposite party No.2 filed the Written Version stating that complainants have not paid amount totally and the complainants are not the consumers to the Opposite parties and the relationship in between the parties in the above case are not within the meaning of Consumer as contemplated in the Consumer protection Act. Admittedly the bonds issued in the year 1996 and maturity period was in the year 2001 and the complaint has been lodged after lapse of two years from the date of maturity of bond and the complainant deserves to be rejected on limitation aspect. The main contention of the Opposite party No.2 is that there is no cause of action and the case of the complainants is barred by limitation because the maturity dates are 29-02-2001 and upto 31-01-2003 only they have to file the case. The complainant filed this case before this Forum since the case is barred by limitation. Hence, Opposite parties are not liable to pay and requested to dismiss the case.
In this case after gone through all the material records before this Forum and documents by the complainant and Opposite parties our answer is that Opposite parties have not to pay compensation to the complainants because the bonds issued by the Opposite parties clearly goes to show that the date of deposit is 29-2-96, period 60 months, rate of interest 14% p.a. the deposit amount of Rs.1,000/- and the maturity amount Rs.2000/-and the Maturity date 29-02-2001. Another bond the date of deposit is 29-2-96, period 60 months, rate of interest 14% p.a. the deposit amount of Rs.1,000/- and the maturity amount Rs.2000/-and the Maturity date 29-02-2001, and another 4 bonds the date of deposit is 31-1-96, period 60 months, rate of interest 14% p.a. the deposit amount of Rs.1,000/- and the maturity amount Rs.2000/-and the Maturity date 31-0-2001 and another 3 bonds the date of deposit is 29-2-96, period 60 months, rate of interest 14% p.a. the deposit amount of Rs.1,000/- and the maturity amount Rs.2000/-and the Maturity date 29-02-2001.
When the Opposite parties failed to return the bonds amount, there after the complainant got issued legal notice dated 24-11-03 directing them to pay the maturity amounts. But they did not respond. Thereafter the complaint filed this case before this Forum on 14-10-05. The cause of action arose on 24-11-2003 i.e., within 2 years. The complainant filed this case before this Forum on 14-10-2005. So there is no barred by limitation. It is within limitation. The complainant filed this case within time the Opposite parties are liable to pay the amount to the complainants. Hence, we answered this point accordingly in favour of complainant againt Opposite parties.
Point NO.2: To what relief:- Point No.1 is decided in favour of complainants against Opposite parties, this point also decided in favour of complainants against Opposite parties.
In the result the complaint is allowed and we direct the Opposite parties to pay an amount of Rs.28,000/- (Rs.Twenty eight thousand only) jointly and severally to the complainants along with interest @7.5% p.a. from the date of filing of the complaint till the date of realization. We award an amount of Rs.500/- (Rs.Five hundred only) towards costs.
A month’s time is granted to the Opposite parties for the compliance of the order.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 19th May,2008)
Sd/- Sd/- Sd/-
Member Member President,
District Consumer forum, Warangal.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Party
Affidavit of complainant No.1 filed Affidavit on behalf of O.P.2 filed.
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 to A-14 are the deposit bonds issued by Opposite party No.1.
- Ex.A-15 xerox copy of Certificate of Incorporation.
- Ex.A-16 xerox copy of certificate of commencement of business.
- Ex.A-17 o/c of legal notice issued to Opposite parties, dt.24-11-03.
- Ex.A-18 are the Xerox copies of Postal Acknowledgment dues.
On behalf of Opposite party.
1. Ex.B-1 is the agreement, dt.27-01-2002.
Sd/-
President.
