Complainant present in person

Opponent exparte

Per Hon’ble Shri. V.P. Utpat, President

                                     JUDGMENT

                                Dated 18^thJune 2014

                This complaint is filed by senior citizen against Opponents for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-

[1]            Complainant is resident of Sant Eknath Nagar No.2, Pune 411 037. Opponent is dealing in the profession of investment. Opponent promised to pay handsome interest, bonus, dividend on the investment. Complainant has invested Rs.50,000/- with Opponent on 4/12/2009. Opponent agreed to pay interest @ 3% per month on the said amount.  He paid Rs.20,250/- in the month of July 2011. Thereafter he did not pay any amount to the complainant. Amount of Rs.90,500/- is due from Opponent. Complainant had issued notice to him but he did not replied the notice. Hence, complaint is filed by complainant for deficiency in service.

[2]            Opponent though is duly served remained absent hence complaint is proceeded exparte against him.

[3]            Complainant has filed receipt of cheque of Rs.50,000/- dated 4/12/2009. The allegations made in the complaint and affidavit remained unchallenged and corroborated by documentary evidence such as acknowledgement of notice as well as office copy of the notice. It reveals from the record that the Opponent did not pay interest on the investment amount as per the agreement and that amount to deficiency in service. Complainant has asked Rs.90,500/- that includes interest. This fact is not disputed by the Opponent. It is admitted by the complainant that he has received interest upto July 2011. Hence, it is the opinion of the Forum that he is entitled for interest from August 2011 till filing of the complaint.

                In the result this Forum pass following order-

                                    :- ORDER :-

1. Complaint is partly allowed.
2. It is hereby declared that Opponent has caused deficiency in service by not paying interest on the invested amount as per the agreement.
3. Opponent is direct to pay interest @ 3% per month on Rs.50,000/- from 1/8/2011 till 16/1/2014 to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent is also directed to pay compensation of Rs.2,000/- for mental, physical sufferings well as cost of the litigation within six weeks from the date of receipt of copy of order.
5. Complainant is directed to collect the sets which are provided for the Hon’ble Members.

 Copy of order be supplied to both the parties free of cost.

Place – Pune

Date – 18/06/2014