CC.No.1039.2017

Filed on:15.05.2017

Disposed on:30.04.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 30^th DAY OF APRIL 2018

CONSUMER COMPLAINT NO.1039/2017

PRESENT:

 Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

         PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                       MEMBER

                                  V/S

ORDER

BY SMT.L.MAMATHA, MEMBER

1. This Complaint was filed by the Complainant on 15.05.2017 U/s 12 of the Consumer Protection Act, 1986 praying to pass an Order directing the Opposite Parties to refund F.D.Amount of Rs.1,90,000/- Cumulative interest 24% p.a damages and legal expenses of Rs.5,000/-.  

2. The brief facts of the complaint as under:

In the complaint, the Complainant states that he first time invested Rs.1,90,000/- (i.e., 90,000/- + 1,00,000/-) with Opposite Party through separate Canara Bank cheques.The Company also accepted his investments and issued two FD receipts vide No.1205152 & 1205153 with A/c No.032097 dt.16.01.2013 and both the FDs were matured on 16.01.2016 with a maturity Value of Rs.1,45,217/- & 1,30,695/- respectively.During the maturity date of the above FDRs, the Complainant has not received interest also.The Complainant constantly follow-up with Opposite Parties through letters and phone calls.On 15.01.2017 registered letter sent to the Opposite Parties.But Opposite Parties never responded.The Complainant submits that he is a senior citizen, he has invested his hard earned money.The Complainant has repeatedly request the Opposite Parties to refund the amount.But the Opposite Parties never responded to refund.Hence, this complaint.

3.  Even though, notice was served on the Opposite Parties, Opposite Parties fails to put their appearance, hence placed ex-parte. 

4.  In support of the complaint, the Complainant has filed his affidavit by way of evidence.  Heard the Arguments of the Complainant.

5.  The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties ?

2. If so, to what relief the Complainant is entitled ?

6. Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7. POINT NO.1:- On perusing the pleadings along with documents produced by the Complainant, it reveals that the Opposite Parties are a Private Limited Company.  The Complainant has invested Rs.1,00,000/- & Rs.90,000/- with Opposite Parties.  It is supported by FDR receipts.  To substantiate this fact, the Complainant has filed his affidavit.  In his sworn testimony, he has reiterated the same and also in support of his sworn testimony, he has produced FDR receipts and copy of letters.  By looking into these documents, it clearly shows that the Complainant has deposited Rs.1,00,000/- & Rs.90,000/- on 16.01.2013, the maturity date is on 16.01.2016 interest at 12.50% p.a, the FDR number is 1205152 & 1205153.  During the maturity date of the FDRs, the Complainant was not received interest also.  The Complainant continuously contacted Opposite Parties through phone and letters.  But the Opposite Parties neither paid interest nor refund the principal amount.  By all these it is very clear that the Opposite Parties failed to refund the FD amount infavour of the Complainant. This evidence also remains unchallenged.  Therefore, from the evidence available on record, it clearly goes to show that the Opposite Parties have not rendered good service to the Complainant.  This fact is clear by looking into various letter correspondences.  If at all the Opposite Parties have rendered good service i.e., refunded principal amount with interest to the Complainant as per their Company terms and conditions, the Opposite Parties ought to have produced relevant evidence.  But there is no such evidence.  Therefore, it is proper to accept the contention of the Complainant that the Opposite Parties have neither given interest nor refunded the principal amount infavour of the Complainant.  Due to the deficient act of Opposite Parties the Complainant suffered mental agony and financial loss.  The Complainant finally wrote letter on 15.01.2017.  But Opposite Parties neither replied the letter nor fulfill the demand of the Complainant.  To disbelieve the version of the Complainant, nothing was on record.  Inspite of repeated requests, the Opposite Parties never bothered to fulfill the demand of the Complainant.  Thereby, this clearly shows that there is deficiency in service on the part of the Opposite Parties.  Hence, this point is held in affirmative.   

 8. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed holding that there is deficiency of service on the part of the Opposite Parties.

The Opposite Parties are directed to refund Rs.1,90,000/- with interest at 12.50% from the date of payment till the date of realization. 

The Opposite Parties are further directed to pay a sum of Rs.50,000/- to the Complainant as compensation for causing mental agony.

The Opposite Parties are further directed to pay Rs.5,000/- as cost of this litigation to the Complainant.

The Opposite Parties are directed to pay aforesaid amount within 30 days from the date of this order.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 30^th day of April 2018)

        MEMBER                                          PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Deepak B.Deshpande, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Xerox copy of Fixed Deposit Receipt FDR No.120512.
2. Xerox copy of Fixed Deposit Receipt FDR No.120513.
3. Xerox copy of covering letter sending Original FDR.No.120512.
4. Xerox copy of covering letter sending Original FDR.No.120513.
5. Xerox copy of letter dt.15.01.2017 non-receipt of Maturity deposits FDR Nos.120512 & 120513.
6. Xerox copy of Form 15-G letter from Unitech dt.03.03.2014 & Form 15-G.
7. Xerox copy of Form 15-G letter from Unitech dt.25.03.2016 & From 15-G.

Witness examined on behalf of the Opposite Parties:

                             Nil

List of documents filed by the Respondent:

                             Nil

MEMBER                                                             PRESIDENT