BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

17^th DAY OF AUGUST 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to refund the deposit  amount with penal interest for the period delayed, to pay compensation of Rs.1,00,000/- towards mental agony and cost of litigation.

2. The brief averments made in the complaint are as under:

On 27.06.2013 the complainant invested a sum of Rs.6,00,000/- in the form of Fixed Deposit vide FDR No.1223612 with OPs Company refundable after 3 years along with interest @ 12.50%.  The complainant received the interest for two year.  For the year 2015-16 interest for the first quarter ending June 2015 is not paid.  After lapse of the first quarter of the third year, the complainant sent many e-mails but there was no response from the OPs Company.  E-mail letter written to personal attention of Managing Director, Sri.Ajay Chandra is also not answered.  Hence the complainant lost confidence in the OP Company.  The OP Company has sent a letter stating that they have applied for sanction to Company Law Board vide their application dated 13^th February 2015, copy of the letter produced as a document proposing to pay fixed deposits later than the maturity dates.  As directed by the OP Company the complainant registered her objection vide her letter dated 18^th March 2015.  Complainant had invested her hard earned savings with an intention to earn interest.  As a senior citizen the complainant is very much dependent on the interest out of this deposit.  Her grand children’s education is also dependent on this interest.  Inspite of repeated correspondence and notice, the OPs failed to refund the matured fixed deposit amount.  Hence the complainant felt deficiency in service on the part of the OPs.  Under the circumstances, she has filed this complaint against OPs for appropriate relief.  

3. The notice of complaint was issued to the OPs and despite service of notice, OPs failed to appear and contest the complaint and has been placed ex-parte.  OPs failed to contest the matter by filing version or affidavit evidence.  So as to prove her case, Mrs.Gayathri, the complainant has filed her affidavit evidence reiterating the complaint averments and produced copies of documents.

4. The above said assertions of the complaint have remained unchallenged.  OPs neither filed version nor denied the sworn testimony of the complainant.  Under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

5. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the copy of fixed deposit receipt bearing No.1223612, date of issue being 02.07.2013 for a sum of Rs.6,00,000/- for the period of three years, interest rate 12.50% from 27.06.2013 to 27.06.2016, which is issued on 02.07.2013 by OPs to the complainant.  Document No.2 is the copy of e-mail correspondence of the complainant’s husband with the OPs company Managing Director Sri.Ajay Chandra which shows that the complainant made efforts to get her maturity amount.  Also the OPs negligent attitude regarding the refund of matured amount deposited with their company.  Document No.3 & 4 are the application dated 13.02.2015 applied by the OP Company for sanction to Company Law Board and objection letter of the complainant as directed by the OP Company.  Document No.5 is a copy of notice of complainant addressed to OP Company.

6. On perusal of oral documentary evidence, it is evident that the complainant has deposited a sum of Rs.6,00,000/- with OPs for the period of three years from 27.06.2013 to 27.06.2016.  But there was no communications from the company about the payment of principle amount and delayed interest after the maturity date till now.  Hence, the complainant wanted to take legal action against the OP Company for irresponsible and negligent behavior in not responding to any of communication and the nonpayment of principle amount on time and interest of two quarters from July 2015 to December 2015 also from January to till date.

7. The complainant in the amended complaint itself submits that she has received interest 1^st quarter April to June 2015 late by 80 days and prays for the refund of Rs.6,00,000/- deposited by her together with interest from the date of maturity till the date of refund.  The OPs did not appear and contest the claim put forth in the complaint.  Though OPs have paid interest for the first two years and 1^st 2 quarters of the third year i.e., from April to June 2015 but have failed to refund the fixed deposit amount of Rs.6,00,000/- and the interest for two quarters from July 2015 to December 2015 also the interest on fixed amount till the date of maturity without assigning any reason.

8. The conduct of the OPs in not refunding the deposit amount of Rs.6,00,000/- and nonpayment of interest on time amounts to deficiency of service.  The non refunding of the fixed deposit amount must have put the complainant to hardship, inconvenience and mental agony.  The OPs absolutely have no reason to withheld the payment of the said amount of Rs.6,00,000/-.  Therefore, we are of the opinion that OPs shall be directed to refund the said amount of Rs.6,00,000/- together with interest at the rate of 18% p.a from 27.06.2016 till the date of realization.  Further OPs are also liable to pay compensation of Rs.25,000/- for deficiency of service together with litigation cost of Rs.3,000/-.

10. In the result, we proceed to pass the following:

    O R D E R

The complaint filed by the complainant is allowed in part.  OPs.1 & 2 are jointly and severally directed to refund Rs.6,00,000/- (Six Lakhs Only) to the complainant along with interest at 18% p.a from 27.06.2016 till the date of realization.  Further OPs are directed to pay compensation of Rs.25,000/- to the complainant towards deficiency in service together with litigation cost of Rs.3,000/-.

This order shall be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 17^th day of August 2016)

MEMBER                            MEMBER                     PRESIDENT

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COMPLAINT No.1556/2015

Complainant                 -        Smt.Gayathri,

Bangalore-560085.

                                          -vs-

Opposite Parties           -        1) M/s.UNITECH LIMITED.,

Bangalore-560001.

2) M/s. UNITECH Ltd.,

Udyoga Vihar, Gurgaon-1220161,

Haryana.

Witnesses examined on behalf of the complainant dated 11.01.2016.

1. Smt.Gayathri

          OPs.1 & 2        -       Absent

MEMBER                           MEMBER                      PRESIDENT

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