Before the District consumers Forum:Kurnool
Present:Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt C.Preethi M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., member
Monday the 30th day of June, 2003
C.D.No.67/2002
R.V.Subbamma,
W/o C.Venta Raghava Reddy,
R/o 6-16-12,
Padma Street, Allagadda, Kurnool District.
Presently residing at
H.No.29-332-19A/2,
Tekke, Nandyal, Kurnool. … Complainant represented by her counsel
Sri.V.Venkateswara Reddy, Advocate
-Vs-
Nagarjuna Finance Limited,
Represented by his Managing Director,
Plot No.55
Nagarjuna Hills,
Panjagutta,
Hyderabad-500082. …In Person
O R D E R
1. This consumer dispute case of the complainant is under section12 of the C.P. Act seeking a direction on the opposite party to pay her Rs.5,549/- and Rs.10,030/- with interest at 18% per annum and 5.5% per annum from 09.03.2001 and 09.10.2000 to 09.03.2001 respectively and the costs and the such other reliefs which she may entitle in the exigencies of the case.
2. The brief facts of the complainant’s case is that the opposite party who is running finance business under the name and style of M/s Nagarjuna Finance having its head office at Hyderabad and branches at several places as accepting the deposits from the public on 09.10.1995 deposited an amount of Rs.5,000/- vide F.D.R. bearing No.C600301129 for the period of 5 years which matures on 09.10.2000 for a value of Rs.10,549/-. After the maturity the opposite party did not made any payment inspute of several demands. But on 09.11.2000 informed to the complainant that the mature amount will be paid on or before 09.03.2000 with interest at 12.5% per annum as per the company Law Board order dated 29.02.2000 and sent him a cheque bearing No.640358 for Rs.5,000/- and hence she has sent a letter through D.T.D.C. Courier on 21.12.2001 demanding the payment of the residuary balance of Rs.5,549/-, but the opposite party did not respond to and made her to rush to the Forum for redressal of her grievance.
3. The complainant encloses to her complaint the attested Xerox documents namely the Fixed Deposit Receipt No.C600301129. The letter of the opposite party dated 09.11.2000. 22.05.2001 of the opposite party, the letter of the complainant addressed to the opposite party for residuary payment, the courier receipt and its acknowledgement besides filing a sworn affidavit in reiteration of the complaint averments and the documents filed. Hence the supra stated documents are marked from Ex.A1 to Ex.A6 for their appreciation in this case.
4. In pursuance of service of the notice of the Forum as to this case the opposite party sent by post the order of the Honourable High Court of A.P. in W.P.MP.No.17593/2001 in W.P.No.10464/2001 ordering interim stay to all the Consumer Forums till further proceedings allowing the Forums to entertain the applications filed by the Consumers and thereby on account of said stay did not filed any written version. The Honourable High Court of A.P. in its orders dated 09.04.2003 in the above said matter has vacated the interim stay and inspite of the said vacation of the stay the opposite party remained absent to the date of hearing on 04.06.2003 and thereby set exparte.
5. Hence, the point for consideration is whether the complainant is entitled to the reliefs sought?;-
6. The Ex.A1 denotes the deposit amount of Rs.5,000/- by the complainant with the opposite party as Fixed Deposit on 09.10.1995 for a period of 60 months to be payable on its maturity on 09.10.2000 with interest at 14% and the amount payable on maturity as Rs.10,030/-. The letter of the opposite party dated 09.11.2000 in Ex.A2 makes repayment schedule to pay Rs.10,549/- in Ex.A3 says the matured amount of the complainant F.D.R. will be paid on or before 30.06.2001. The letter of the complainant addressed to the opposite party in Ex.A4 envisages the receipt of Rs.5,000/- by the complainant from the total due of Rs.10,549/- and requiring the opposite party to make good of the residuary balance of Rs.5,549/- to her immediately or other wife she will be constrained to have a legal resort. The Ex.A5 and Ex.A6 indicate the said notice in the Ex.A4 was sent to opposite party under Ex.A5 was received by the opposite party under Ex.A6.
7. The above said un-rebutted material in the light of the unchallenged sworn affidavit of the complainant makes out the balance due from the opposite party as Rs.5,549/- consequent to the receipt of Rs.5,000/- by the complainant from the opposite party under a cheque.
8. The complainant is seeking the payment of the said balance amount of Rs.5,549/- with interest of 18% per annum from the date of default i.e., 09.03.2001. But the complainant did not place any material as to the any terms and conditions which could entitle her to claim the said residuary balance in the contingency of default with interest at 18% per annum. While such is so the Ex.A1 Fixed Deposit has given an interest of 14% on the deposit. As the opposite party has not paid the amount of maturity and holding the amount of the complainant for the benefit of the opposite party the said residuary balance is to be paid by the opposite party to the complainant at that 14% per annum from 09.03.2001 till realization.
9. As the complainant did not place any cogent material to order the payment of Rs.10,549/- at 12.5% interest the said claim is rejected.
10. As the opposite party by his irresponsible conduct in making good of the due amounts to the complainant driven the complainant to the Form of redressal of her grievance. The said conduct of the opposite party in not discharging his obligation as amounting to deficiency of service. The opposite party is liable for a sum of Rs.500/- towards the costs of this case and Rs.500/-as compensation for the delayed conduct of the opposite party.
11. Consequently, the complaint is allowed directing the opposite party to pay to the complainant an amount of Rs.5,549/- at 14% interest per annum from 09.03.2001 till realization and Rs.500/- towards costs and Rs.500/- as compensation within a month from the date of receipt of this order. In default the opposite party is liable to pay the awarded costs and compensation also with interest at 14% per annum from the date of this order till realization.
Dictated to the Stenographer, typed to the Dictation, corrected by us, pronounced in the open Court, this the 30th day of June, 2003.
Sd/-
PRESIDENT
Sd/- Sd/-
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite party:- Nil
List of Exhibits marked for the complainant:
Ex.A1 Is the attested Xerox copy of the Fixed Deposit Receipt No.C600301129 dated 09.10.1995 issued by the opposite party.
Ex.A2 Attested copy of Letter send by the opposite party to the complainant dated 09.11.2000.
Ex.A3 Is the Original Letter issued by the opposite party to the complainant dated 22.05.2001 (FDR No.C600301129).
Ex.A4 Is the Xerox Letter of the complainant addressed to the opposite party.
Ex.A5 Is the Original Receipt of DTDC Courier by the complainant to the opposite party dated 21.12.2001.
Ex.A6 Is the Original Acknowledgement receipt of DTDC Courier Service received by the opposite party.
List of Exhibits marked for the opposite party:- Nil
Sd/-
PRESIDENT
Sd/- Sd/-
MEMBER MEMBER
