COMPLAINTS FILED ON:29.06.2012
DISPOSED ON:28.08.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
28th DAY OF AUGUST-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.1320/2012
Complainant | Chandrakala W/o Ravikumar, No.25, 5th Cross, 2nd Main, Seenappa layout, Suddaguntepalya, C.V.Raman Nagar Post, Bangalore-93, Ph.No.9663609175. In person. V/s |
OPPOSITE PARTY | M/s Radhe Krishna Associates, Banglow Flat No.1, 1st Floor, Kailash Complex, Opp.Mother Dairy, Delhi-110092. Placed Ex-parte. |
O R D E R
SRI. B.S.REDDY, PRESIDENT
The complainant in person filed this complaint seeking direction against the Opposite Party (herein after called as O.P) to pay an amount of Rs.27,000/- which she has paid with interest and also for damages of Rs.10,000/- on the allegation of deficiency in service.
2. In spite of service of notice by intimation delivered, Op failed to appear without any justifiable cause, hence placed ex-parte.
3.In order to substantiate complaint averments, complainant filed affidavit evidence.
4. Arguments from complainant’s side heard.
5. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials it becomes clear that the complainant after going through the advertisement in Times of India, on 5th July 2011 issued by OP regarding availability of loan, she contacted on Telephone No.0990612307 and enquired the details for the loan. OP asked her to send her email address I.D., proof and residence address. She received letter through email from OP dt.18.07.2012 for sanction of loan of Rs.4,00,000/- and she also received phone calls requesting her to deposit Rs.27,000/- at ING Vysya Bank A/c No.63401103963 Sahakarpur Branch. The complainant deposited Rs.15,000/- on 18.07.2011 and Rs.12,000/- on 19.07.2011 in ING Vysya Bank at M.G.Road Branch, Bangalore in favour of OP in their Account No.63401103963, Sahakarpur Branch. The copies of the Bank slips are produced. After depositing the amount, the complainant contacted OP on phone asked them about the loan amount and OP informed her that she will get loan within two to three days. From July 2011 till date she is trying to contact the OP by email and phone, but OP is not taking her call from her mobile number and if she calls on other telephone number they disconnect her phone after hearing her voice. Thus it becomes clear the OP making the complainant to believe that they have sanctioned loan of Rs.4,00,000/- made her to deposit totally an amount of Rs.27,000/-. After the complainant has deposited the said amount OP has not responded with regard to the loan amount to be given to the complainant.
6. The letter dt.18.07.2011 sent to the complainant by OP goes to show that an amount of Rs.4,00,000/- has been sanctioned to the complainant. The terms and conditions of sanction of the loan is that the loan will be repayable in 240 equated monthly instalments of Rs.2,666/- p.m. Interest applied of 3% flat p.a., If the complainant accept these terms she has to confirm in the enclosed written Pro-forma along with cash deposit of Rs.16,000/- towards legal charges. Based on this letter the complainant with a fond hope of getting loan of Rs.4,00,000/- deposited the amount of Rs.27,000/- and thereafter OP has not responded to her email and telephone calls and no loan amount has been sent to her. The act of OP neither refunding the amount received nor advancing loan sanctioned amounts to deficiency in service. The complainant is entitled for refund of the amount of Rs.27,000/- with interest at 18% p.a. from the respective date of payments till the date of realization along with litigation cost of Rs.2,000/-. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP is directed to refund an amount of Rs.27,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 28th day of AUGUST-2012.)
MEMBER PRESIDENT
Cs.
