Before the District Forum: Kurnool
Present: Sri K.V.H. Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B. Com., LL.B., Member
Tuesday the 14th day of September, 2004
C.D.No.83/2004
Chinna Swamy Rao Sutraya,
S/o S.Pulla Rao
R/o H.No.40/836,
Near State Bank (Main),
N.R. Pet Kurnool. . . . Complainants represented by their counsel
Sri. N.Ramachandra
-Vs-
M/s Medinova Diagnostic Services Ltd.,
Rep by its Managing Partner or Director,
Regd.Office, 6-3-652,
Kautilya 3rd floor,
Somajiguda,
Hyderabad. . . . Opposite party
O R D E R
1. This consumer dispute case of the complainant is filed under section 12 of the C.P.Act seeking a direction on the opposite party to pay him Rs.11,420/- interest from the date of the complaint till realization and costs of this case.
2. This brief facts of the complainant’s case are that the complainant has deposited an amount of Rs.5,000/- from 01.12.1999 to 30.11.2002 with the opposite party for a refundable matured amount of Rs.7,850/- . On expiry of the maturity period in-spite of several of several demands and personal approaches the opposite party did not refund the said due amount and hence the complainant got issued legal notice on 13.07.2004 and it was acknowledged by the opposite party on 19.07.2004 and the opposite party did neither complied the demand for refund of the matured amount nor replied to the said notice. The above said lapsive conduct of the opposite party constrained the complainant to resort to the Forum for redressal of the claim of Rs.11,420/- which is comprised of the mature amount of Rs.1,570/- for the period from 01.12.2002 to 13.07.2004 + Rs.1500/- towards 3 trips to Hyderabad for seeking refund of the amount and Rs.500/- towards notice charges.
3. In pursuance of the receipt of the notice of this Forum as to this case of the complainant the opposite party neither appeared before this forum nor contested the case of the complainant filing any written version with any defence and there by remained exparte.
4. While such is with the opposite kparty tye complainant in substantiation of its case relied upon the documentary record in Ex.A1 to Ex.A4 besides to his sworn affidavit in re iteration of the complaint averments.
5. Hence, the point for consideration is whether the complainant has made out the case of deficiency on the part of the opposite party towards him entitling him for the reliefs sought?
6. The Ex.A1 is the Membership Deposit Receipt No.01004/XIII,dt.1.12.1999. It envisages the receipt of an amount of Rs.5,000/- from the complainant on 01.12.1999 by the opposite party assuring the payment of Rs.7,850/- as the maturity amount payable on 30.11.2002. The Ex.2 is the office copy of the legal notice dt.13.07.2004 caused on the opposite paty demanding the payment of the maturity amount of the Ex.A1 to the complainant and the defaultive conduct of the opposite party in not refunding the amount so far and hence holding the opposite party liability not only to the maturity amount of Rs.7,850/- but also the interest at 12 percent from the date of the maturity till the date of the said notice, the two and fro fares to Hyderabad amounting to Rs.500/-. The Ex.A3 is the acknowledge of the said Ex.A2 notice opposite party. The facts so envisaged in Ex.A1 to Ex.A4 and the complaint averments and the complainants sworn affidavit averments in reiteration of its case are neither denied nor rebutted by the opposite party and hence there appears every bonofidies in the claim of the complainant.
7. When a company or Firm invites deposits on a promise of attractive rates of interest or attractive sums it is a service and the depositor is a consumer as per the decision of the Honorable National Consumer Disputes Redressal Commission, New Delhi in Neela Vasantha Raji Vs Amog Industries reported in 1993 (3) C.P.R page 345.
8. When the amount under the deposit with accrued benefit not released to the Depositor by the financial institution the said conduct of not honoring the said commitment amounts to deficiency and the Financial Institution is liable to refund the accrued amount with 12 percent interest as per the decision of Honorable Maharastra State Consumer Disputes Redressal commission, Mumbai in Sanchyani Savigs and Investments(India) Limited Vs Vastla Baba Saheb Gai Quard reported in I (2003) C.P.J. page 260.
9. In the present case also the opposite party’s firm inviting the public deposits on a promise of the payment of matured amount on a tenure of 3 years from the date of deposit did not kept up the said commitment to the complainant by avoiding the payment of the matured amount. Thus the said lapsive conduct of the opposite party is amounting to deficiency of service at the complainant consumer depositor and thereby the grievances of the complainant are covered under the supra stated decisions holding the liability of the opposite party for refund of the accrued matured amount with interest at 12 percent PA. from the date of the maturity and the incurred expenditure of the complainant for having trips to the Opposite party seeking refund of the amount and costs of Rs.1,000/- as the complainant was driven by the opposite party to the Forum for redressal.
10. Therefore, in the result the complaint is allowed directing the opposite party to pay the matured amount of Rs.7,850/- with interest at 12 percent P.A. from the date of maturity and Rs.1,500/- towards the expenditure incurred for making three trips to Hyderabad seeking the refund and Rs.1,000/- towards costs within a month of the receipt of this Order.
Dictated to the Stenographer, Typed to the dictation, corrected by us, and pronounced in the Open Court, this the 14th day of September, 2004.
PRESIDENT
MEMBER MEMBER
APPENDEX OF EVIDENCE
Witnesses Examined
For the complainant :- Nil For the opposite parties :- Nil
List of exhibits marked for the complainant:-
Ex.A1 Member Ship deposit receipt No.01004/XIII issued by opposite party in favour of complainant for Rs.7,850/- the matured value.
Ex.A2 Legal notice dated 13-07-2004 issued by complainants counsel.
Ex.A3 Postal receipt and postal acknowledgement of opposite party for receipt of Ex.A2.
Ex.A4 Provisional receipt dated 01-12-1999 of complainant issued by opposite party’s Branch Office at Kurnool.
List of exhibits marked for the opposite parties:- NIL
PRESIDENT
MEMBER MEMBER
