Tamil Nadu

South Chennai

223/2006

Esther Bobji - Complainant(s)

Versus

M/s VGP Finances Limited - Opp.Party(s)

Auxilia peter

05 Dec 2017

ORDER

                                                                        Date of Filing :   22.02.2006

                                                                        Date of Order :   05.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.223/2006

TUESDAY THIS 5^TH DAY OF DECEMBER 2017

Mrs. Esther Bobji,

W/o. Late Bobji,

No.C3, Akshaya Apartments,

No.20, North Mada Street,

Sri Nagar Colony, Saidapet,

Chennai 600 015.                                                     Complainant

                                                     Vs

 

M/s. V.G.P. Finance Limited,

Rep. by its Managing Director,

Having registered office,

VGP Square,

Dharmaraju Kovil Street,

Saidapet, Chennai 600 015.

 

 

Counsel for Complainant           :    M/s. Auzilia Peter           

Counsel for opposite parties      :    M/s. V.T.Venkaram.   

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay  a sum of sum of Rs.30,089/- towards principal amount  in FDR and to pay a sum of Rs.49,996.10/- with interest and to pay a sum of Rs.1,50,000/- towards damages for mental agony and to pay cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that  the Esther Bobji and Preetham Boji who are the legal heirs of late Bobji deposited  four fixed deposit is as follows:

Name	FDR No.	Date	Maturity date	Amount
Esther Bobji	1099	2.12.1994	1.12.1999	Rs.12032/
Ester Bobji	1100	2.12.1994	1.12.1999	Rs.12032/
Preetham Boji	2576	12.8.1995	11.8.2000	Rs.30084/
Ester Bobji	3112	1.1.1996	31.12.2000	Rs.10536/

 

After due maturity the opposite party neglected to pay the matured amount with interest.  Hence the complainant  made several personal visits and various representations,  the opposite party has sent a cheque bearing No.534775 dated 15.6.2005  for Rs.10,536/- towards FDR No.3112 and another cheque bearing No.558644 dated 7.9.2005 for Rs.12,032/- towards FDR No.1099 for full and final settlement, along with covering letters stating that the said amounts are towards full settlement of fixed Deposit Maturity” .   Further the complainant stated that  she did not receive any amount towards FDR No.2576 and 1100.    Thereafter the opposite party has not paid the maturity amount properly.  Hence the complainant was constrained to issue legal notice to the opposite party.   Thereafter on 19.12.2005  the complainant received a cheque bearing No.092628 dated 10.12.2005 for a sum of Rs.12,032/- with covering letter dated 24.11.2005 stating that the said amount is towards  payment of the matured Fixed deposit bearing No.1100.  When the complainant presented the above said cheque it was dishonoured by the bankers with an endorsement “insufficient funds” on 23.12.2005.     As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the  opposite party is  as follows:

      The  opposite party deny each and every allegations except those that are specifically admitted herein.   The opposite party submit that the complainant’s son late Preetham Bobji had deposited a sum of  Rs.15000/- in FDR No.2576 on 12.8.1995 and the date of maturity was 11.8.2000 and the maturity value is Rs.30,084/-.   Since the compalinant agreed to receive the matured amount without  further interest the opposite party issued four post dated cheques Nos. 708636 dated 17.3.2001, 708637 dated 17.3.2001, 708638 dated 7.4.2001 and 708639 dated 17.4.2001 each for Rs.4700/- drawn on Indian Bank.  The opposite party states that the complainant never contacted the opposite party for about four years  i.e. from 10.5.2005.   The opposite party submit that in respect of FDR No.2576 which stands in the name of complainant’s son Sri Preetam Bobji, the payment has not been made as no document has been produced by the complainant  that she is the legal heir of late Pritam Bobji.  The complainant also suppressed the fact of unfortunate death of her son and the opposite party was not aware of the same for a long time.      Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A17 marked.  Proof affidavit of opposite party filed and Ex.B1 to Ex.B4 marked on the side of the  opposite parties.

4.   The points for the consideration is: 

1. Whether the complainant is entitled to a sum of Rs.30,089/- towards principal amount in FDR with interest amount of Rs.49,996.10 as prayed for?

 

2. Whether the complainant is entitled to a sum of Rs.1,50,000/- towards compensation for mental agony with cost as prayed ?

 

 

5.  POINTS 1 & 2 :

        Both parties filed their respective written arguments.   Both parties not turned up to advance any oral arguments.   Perused the records namely, complaint, written version, proof affidavit and documents.   Admittedly Esther Bobji and Preetham Boji who are the legal heirs of late Bobji deposited  four fixed deposits are as follows:

Name	FDR No.	Date	Maturity date	Amount
Esther Bobji	1099	2.12.1994	1.12.1999	Rs.12032/-
Ester Bobji	1100	2.12.1994	1.12.1999	Rs.12032/
Preetham Boji	2576	12.8.1995	11.8.2000	Rs.30084/
Ester Bobji	3112	1.1.1996	31.12.2000	Rs.10536/

 

After due maturity the opposite party neglected to pay the matured amount with interest.  The complainant  made  repeated requests several personal visits and various representations.  At long lost the opposite party has sent a cheque bearing No.534775 dated 15.6.2005  for Rs.10,536/- towards FDR No.3112 and another cheque bearing No.558644 dated 7.9.2005 for Rs.12,032/- towards FDR No.1099 for full and final settlement, along with covering letters stating that the said amounts are towards full settlement of fixed Deposits”.   Further the complainant contended that  she did not received any amount towards FDR No.2576 and 1100 and the opposite party has not paid the maturity amount properly.  Hence the complainant was constrained to issue legal notice to the opposite party.   Thereafter on 19.12.2005  the complainant received a cheque bearing No.092628 dated 10.12.2005 for a sum of Rs.12,032/- with covering letter dated 24.11.2005 stating that the said amount is towards  payment of the matured Fixed deposit bearing No.1100.  When the complainant presented the above said cheque it was dishonoured by the bankers with an endorsement “insufficient funds” on 23.12.2005  proves the fraudulent attitude of the opposite party  which amounts to unfair trade practice. 

6.     The contention of the opposite party is that the complainant’s son late Preetham Bobji had deposited a sum of  Rs.15000/- in FDR No.2576 on 12.8.1995 and the date of maturity was 11.8.2000 and the maturity value is Rs.30,084/-.   Since the complainant agreed to receive the matured amount without  further interest the opposite party issued four post dated cheques Nos. 708636 dated 17.3.2001, 708637 dated 17.3.2001, 708638 dated 7.4.2001 and 708639 dated 17.4.2001 each for Rs.4700/- drawn on Indian Bank is apparently clear that the opposite party has not paid the entire maturity amount to the complainant.   Further for what reason the opposite party paid such meager amount after maturity of Fixed deposit not explained.  Further the contention of the opposite party is that the claim is barred by limitation because the complainant never contacted the opposite party for about four years  i.e. from 10.5.2005  but no record much less the alleged amount is under fixed deposits.   Equally it is very clear from the records that after the maturity even after repeated demands  and letter dated 11.8.2005 the opposite party issued cheque No.534776 dated 15.6.2005  proves that the claim is not barred and is within time.   Further the contention of the opposite party is that the complainant’s son Preetham Bobji died without any legal heir and no legal heir certificate  was produced by the complainant is not acceptable.   But the complainant produced legal heir certificate Ex.A18 which shows that  Esther Bobji, is the mother of Preetham  Bobji.   The opposite party also has not denied anything about the dishonour of the cheque for hte balance payment towards interest and the principle amount with regard to Fixed Deposit 2576 amounts to deficiency in service.  The opposite party has not challenged the claim towards mental agony and interest in such manner.   Considering the facts and circumstances of the case this forum is of the considered view that the opposite party shall pay a sum of Rs.49,996.10 towards fixed deposits amount and shall pay compensation of Rs.30,000/- towards mental agony with cost of Rs.5,000/-  and the points are answered accordingly.

In the result the complaint is allowed in part.  The opposite party shall pay a sum of Rs.49,996.10 (Rupees Forty nine thousand nine hundred and ninty six and ten paisa only)  and shall pay compensation of Rs.30,000/- (Rupees Thirty thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 5^th day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1  1.12.1999  - Copy of deposit receipt.

Ex.A2  1.12.1999  - Copy of deposit receipt.

Ex.A3  12.8.1995  - Copy of deposit receipt.

Ex.A4  1.1.1996    - Copy of deposit receipt.

Ex.A5                - Copy of Ack. Card.

Ex.A6  6.6.2005    - Copy of letter by the opposite party to complainant.

Ex.A7  27.6.2005  - Copy of letter.

Ex.A8                 - Copy of Ack.

Ex.A9  1.7.2005    - Copy of letter.

Ex.A10  11.8.2005         - Copy of letter.

Ex.A11               - Copy of Ack.

Ex.A12  3.9.2005  - Copy of letter.

Ex.A13  24.11.2005- Copy of letter.

Ex.A14  22.12.2005- Copy of dishonounred cheques.

Ex.A15  12.12.2005- Copy of legal notice.

Ex.A16  29.12.2005- Copy of legal notice.

Ex.A17              - Copy of Ack.

Opposite party’s side document:    

 

Ex.B1 10.5.2006  - Copy of letter written by complainant.

Ex.B2  11.8.2005  - Copy of letter written by complainant.

Ex.B3   3.9.2005    - Copy of Ack. Of complainant.

Ex.B4   3.2.2004    - Copy of letter sent by opposite party.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.