| Complaint Case No. CC/10/17 |
| | | | 1. Medarametla Venkataratnam, S/o. Ramaiah, Occu: Head Constable, Prohibition & Excise,R/o. H.No.4-1-259/1, Rotary Nagar,Khammam District. | | Medarametla Venkataratnam, S/o. Ramaiah, Occu: Head Constable, Prohibition & Excise,R/o. H.No.4-1-259/1, Rotary Nagar,Khammam District. | | Khammam | | Andhra Pradesh |
| ...........Complainant(s) | | Versus | | 1. Pearls P.G.F.Ltd, Professional Plaza,Mayuri Center ,khammam,Rep by its Branch Manager. | | Pearls P.G.F.Ltd, Professional Plaza,Mayuri Center ,khammam,Rep by its Branch Manager. | | Khammam | | Andhra Pradesh |
| ............Opp.Party(s) |
|
|
| ORDER | | BEFORE THE DISTIRCT CONSUMERS FORUM AT KHAMMAM Dated this, the 15th day of February, 2011. CORAM: 1. Sri Vijay Kumar, B.Com, L.L.B., President 2. Sri R. Kiran Kumar, B.Sc., L.L.B., Member C.C.No.17/2010 Between: Medarametla Venkataratnam, S/o Ramaiah, Age:55years, Occu:head Constable Proh. & Excise, Khammam R/o H.No.4-1-259/1,Rotary Nagar, Khammam. …. Complainant. And Pearls P.G.F.Limited, Professional Plaza, Mayuri Center, Khammam, rep. by its Branch Manager. …Opposite party. This C.C. is coming on before us for final hearing, the complainant appeared in person and in the presence of Sri P. Narasimha Rao, Advocate for opposite party; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration, this forum passed the following: ORDER (Per Sri R. Kiran Kumar, Member) This complaint is filed u/s.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that the complainant is resident of Khammam, the agent of opposite party approached the complainant and offered that if the complainant joined as a member in their company by paying Rs.2,040/- per month, the opposite party will allot a plot or pay the maturity amount of Rs.67,380/- on maturity date. And also informed that their agents will collect the monthly installments from the complainant and also promised that if the complainant fails to pay the balance installments, the paid amount will be returned with interest at the time of maturity. The complainant further submitted that believing the version of the opposite party, he joined as a member and paid Rs.2,040/-, in term the opposite party issued a certificate vide its No.P223000453 in favour of complainant on 05-02-2004 and the date of maturity as 28-10-2009. And also submitted that the complainant waited to pay the installments to the opposite party, but neither opposite party nor its agents came to the complainant to collect installments. After the maturity date, the complainant approached the opposite party to collect the paid amount with interest from 05-02-2004 to 28-10-2009. Instead of returning the paid amount the employees of the opposite party abused him. On that the complainant got issued legal notice to the opposite party on 18-11-2009, after receiving the notice the opposite party called the complainant through a letter dated 03-12-2009 to furnish the original bond and then only they will pay the amount of Rs.2,040/- with interest from 05-02-2004 to 28-10-2009. On that the complainant approached the office of the opposite party, the opposite party agreed to pay the amount after three weeks. But the opposite party refused to pay the same as such the complainant approached the forum for redressal. 2. On behalf of the complainant, the following documents were filed and marked as Exhibits A1 to A4. Ex.A1:- Receipt dated 03-12-2009. Ex.A2:- Office copy of legal notice, dated 18-11-2009. Ex.A3:- Photo copy of bond issued by opposite party dated 05-02-2004. Ex.A4:- Photo copy of receipt-cum-acceptance letter. 3. On receipt of the notice, opposite party appeared through their counsel and filed their counter. In their counter opposite party submitted that the Forum lacks jurisdiction to try and decide the present complaint as per the agreement if dispute/offence arising between the parties shall be referred to the arbitrator and further for any consequent legal remedy, only Civil Court at Delhi shall have jurisdiction to entertain, try and decide the matter, the complainant has neither any cause of action against the opposite party nor any cause of action ever accrued. And further submitted that the complainant approached opposite party company to book a plot of land bearing Registration No.P22300453, face value Rs.45,000/- on 28-01-2004 at quarterly installment payment scheme of Rs.2040/- each for a period of 5 years i.e. 23 installments which expired on 28-10-2009. However, the complainant after advancing first installment, out of 23 installments he has not paid 22 installments and even not approached the company for payment of remaining installments within prescribed grace period under the general terms and conditions of agreement and he had committed the Breach of Contract with the opposite party. Under these circumstances the complainant was only entitled to the amount after making necessary deductions. And also submitted that the demand notice, dated 18-11-2009 send by complainant was replied by opposite party on 15-12-2009. As such the complainant is not entitled to receive any amount on any count as per the terms and conditions of the agreement and hence there is no deficiency in service and prayed to dismiss the complaint. 4. To support their case, the opposite party filed the following documents, which are marked as Exhibits B1 & B2. Ex.B1:- Photo copy of ledger. Ex.B2:- Specimen copy of agreement. 5. On behalf of the complainant written arguments filed. 6. Upon perusing the material papers on record, now the points that arose for consideration are, 1) Whether the Forum has jurisdiction to entertain the compliant? 2) Whether the complainant is entitled for the claim? 3) To what relief? Point No.1:- In this case, the complainant joined as a member in the opposite party company at Khammam by paying Rs.2040/-. At that time, the employees of opposite party company stated that their agents will collect the installments from the complainant, the paid amount will be returned with interest at the time of maturity. As the agents of opposite party company failed to collect the installments the complainant did not paid the amount. After maturity date the complainant approached the opposite party to collect the amount, instead of paying the amount the employees of opposite party abused him. For that complainant got issued legal notice, on receiving the legal notice, the opposite party company called the complainant through a letter dated 03-12-2009 to furnish original bond and collect the amount. On that the complainant approached the office of opposite party, as the opposite party refused to pay the amount he approached the Forum. The opposite party, in their counter taken a plea that the Forum lacks jurisdiction to try and decide the present complaint as per the agreement between the complainant and the opposite party any dispute/offence arising between the parties shall be referred to the arbitrator in accordance with the arbitration and after for any consequent legal remedy, only civil court at Delhi shall have jurisdiction to entertain, try to decide the matter in issue. For the above point, we observed that the complainant joined as a member in opposite party’s company, Khammam branch by paying an amount of Rs.2040/- at Khammam. And also the complainant approached the opposite party, Khammam branch for repayment of the amount, got issued legal notice (Ex.A2) and received letter dated 03-12-2009 to furnish original bond at Khammam, as such the entire cause of action taken place at Khammam. The Hon’ble National Commission in “Mangal Chand Pawan Kumar Vs Oriental Insurance Company Ltd. and Others”, II 2010 CPJ 118 (NC) observed that Section 11 (2) (c) it reads as follows, “ the cause of action wholly or in part arises”. As such this point is answered accordingly in favour of the complainant. Point No.2 :- As per the complainant at the time of joining as a member he paid Rs.2040/- for first installment. He waited to pay the installments, but neither the opposite party company nor its agents came to collect the installments. For that he waited all the time till completion of maturity period and then only he approached the opposite party company for his amount. The opposite party company in their counter they submitted that the complainant committed the breach of contract of agreement said to have been filed as Annexure-B, which is marked as Ex.B2. From the documents and material available on record, we observed that the opposite party company failed to produce any documents/agreement said to have been executed by the complainant. In Ex.B2, the signature and stamp of opposite party company only available and in customers signature column was kept blank. Without executing the documents, the complainant cannot understand/follow the terms and conditions of the agreement. As such the complainant is entitled to receive the amount from the opposite party. And also even after receiving the notice and filing counter in this case, the opposite party company failed to come forward to settle the amount of Rs.2040/-. As such this point is answered accordingly in favour of the complainant. Point No.3:- In the result, the compliant is allowed in part, directing the opposite party to pay the first installment amount of Rs.2040/- to the complainant with interest @9% p.a. from the date of maturity period (i.e.. from 28-10-2009) till the date of payment and also directed to pay Rs.500/- towards costs of the litigation. Dictated to steno, transcribed by her, corrected and pronounced by us in the open forum, on this 15th day of February, 2011. PRESIDENT MEMBER DISTRIC CONSUEMRS FORUM, KHAMMAM APPENDIX OF EVIDENCE Witnesses examined for complainant:- None Witnesses examined for opposite parties:- None Exhibits marked for Complainant: Ex.A1:- Receipt dated 03-12-2009. Ex.A2:- Office copy of legal notice, dated 18-11-2009. Ex.A3:- Photo copy of bond issued by opposite party dated 05-02-2004. Ex.A4:- Photo copy receipt-cum-acceptance letter. Exhibits marked for opposite parties:- Ex.B1:- Photo copy of ledger. Ex.B2:- Specimen copy of agreement. PRESIDENT MEMBER DISTRIC CONSUEMRS FORUM, KHAMMAM | |
