DATE OF FILING: 26.09.2013

           DATE OF DISPOSAL: 23.03.2018

Sri Karuna Kar Nayak, President.   

               The complainant   K.Hari Babu Achary  has filed this consumer complaint  Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties    ( in short the O.Ps) and for redressal of his   grievance before this Forum.

               2. The case of the complainant in brief is that he is a self employed and bona-fide customer of the O.Ps by depositing in recurring deposit scheme bearing propose plan No. 1103 for 36 months @Rs.5000.00 per month. The plan issue date is 29.09.2011 and plan expiry date 29.09.2014. The O.Ps duly acknowledging the said amount by issuing a pass book to the complainant. The O.P.No.1 is the sub-ordinate administrative Branch of O.P.No.2&3. The O.P.No.2 is the registered office whereas the O.P.No.3 is the Corporate Office. It is a professional corporate house having Mida’s Mission 2020. It is a ISO 9001-2008 certified corporate house. It is a registered company bearing CIN No.U74140OR1995PLC004269/ dated 24^th September 2009.  As per the advertisement of O.P.No.2, the complainant opened a Recurring Deposit Account for 4 years @ Rs.5000/- per month  for 18 months i.e. Rs.90,000/- which has been duly acknowledged by the O.P.No.1. The O.P. No.2 issued an advertisement to sale plots in different sized in different terms of years. The complainant being self-employed, to fulfill her dream and in presumption to acquire a plot in installment, the complainant deposited in RD to purchase a plot but prior to avail the same from the O.P. they flea away.  The O.Ps were received the amount to issue a plot or pay back the total deposit after completion of terms in 4 years. Subsequently, the O.Ps to avoid the further handover the plot stop the collection of monthly amount towards RD from the complainant and when asked about non-collection of monthly deposits and refund of the collected amount, the O.Ps gave deaf ear to the demand of the complainant from time to time at the office of the O.P. No.1 and 2 but to no avail. The O.P.No.1 & 2 left the office due to hue and cry of the general public at large. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to return the amount of Rs.90,000/- paid by the complainant together with interest @ 8.75% per annum, compensation of Rs.10,000/- and litigation cost of Rs.5000/- in the best interest of justice.

               3.  The complaint is admitted and notices were issued to the Opposite Parties for their appearance and filing written version on the date fixed. But the O.Ps did not prefer to appear even after publication of notice in the daily newspaper “Anupam Bharat” on 15.03.2014. As such the O.Ps are set exparte on dated 21.12.2015.

               4. On the date of exparte hearing of the consumer complaint learned counsel for the complainant is present.  We heard argument from the advocate for complainant at length and perused the complaint petition, written arguments and materials placed on the case record. Despite several persuasions the O.Ps did not heed to consider the grievance of the complainant. Hence in our considered view the O.Ps are negligent in rendering proper service to the complainant as such there is deficiency in service on the part of the O.Ps for which the complainant at this stage is entitled to get some relief as prayed for. The Hon’ble National CDR Commission, New Delhi has held in case of Punjab National Bank versus Meerut Development Authority  reported in 2008(4) CPR 473 that “Delay in delivering possession of house/flat after receiving full amount for same amounts to deficiency in service on the part of the O.P. authority”.

               In view of the above decision of law, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to pay Rs.90,000/- (Rupees Ninety Thousand) only deposited amount of the complainant alongwith interest @8% per annum from the date of filing of this case i.e. on 26.09.2013 and the O.Ps are also directed to pay Rs.5000/- for compensation alongwith Rs.2000/- as cost of litigation to the complainant within 45 days from the date of receipt of this order failing which all the dues shall carry 9% interest per annum till final payment is made.  

               The order is pronounced on this day of 23^rd March 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of