H.N.Shivaramaiah filed a consumer case on 04 Oct 2005 against Peerless General Finance and Investment Co.Ltd. in the Mysore Consumer Court. The case no is CD/05/202 and the judgment uploaded on 30 Nov -0001.
Karnataka
Mysore
CD/05/202
H.N.Shivaramaiah - Complainant(s)
Versus
Peerless General Finance and Investment Co.Ltd. - Opp.Party(s)
04 Oct 2005
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE No.845, 10th Main, New Kantharaj Urs Road, G.C.S.T. Layout, Kuvempunagar, Mysore - 570 009 consumer case(CC) No. CD/05/202
H.N.Shivaramaiah
...........Appellant(s)
Vs.
Peerless General Finance and Investment Co.Ltd.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
IN THE DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM AT MYSORE PRESENT: 1. Shri.Ashok Kumar J.Dhole B.A(Hons), LL.B - President 2. Smt.M.Mahadevi M.Sc., M.Ed., -Member 3. Shri.G.V.Balasubramanya B.E, LL.B - Member CD 202-05 DATED 04-10-2005 Complainant H.N.Shivaramaiah, No.824, Old Post Office Road, 1st Main Road, 3rd Stage, Gokulam, Mysore. (INPERSON) Vs. Opposite Party Manager, Peerless General Finance and Investment Co.Ltd. Maharaja Complex, In front of Rural Bus Stand, Mysore. (EXPARTE) Nature of complaint : Deficiency in service Date of filing of complaint : 25-07-2005 Date of appearance of O.P. : 10-08-2005 (EXPARTE) Date of order : 04-10-2005 Duration of Proceeding : 2 MONTHS PRESIDENT MEMBER MEMBER Sri. Ashok Kumar J.Dhole President, 1. Complainant has filed this complaint (personally), seeking refund of the maturity amount under a deposit certificate no.E-2989181 for an amount of Rs.200 matured on 12-8-04. It is the case of complainant that he deposited an amount of Rs.200/- under the above mentioned certificate having maturity value of Rs.415/- and after the due date he approached the branch of the O.P. at Mysore, seeking maturity value. It was inform to the complainant that he has to submit a Xerox copy of the deposit certificate, which would be sent to Madras Office. After receiving a letter from the Madras office, the complainant has surrendered the original certificate duly discharged in favour of the O.P. The complainant has addressed letters dated 21-04-05, and 08-06-05. Inspite of these letters, the amount was not refunded. Thereafter, the complainant approached, number of times, to the branch of O.P. at Mysore, but there was no proper reply. Hence, this complaint was filed on 25-07-05, seeking the relief. 2. It is important to note that complainant has filed affidavit, and clearly mentioned in the said affidavit that the O.P. has paid maturity value of Rs.415/- on 26-6-05. As per his contention there was delay of nearly 9 to 10 months, which has caused mental agony, hence he is entitled for the interest and damages. 3. O.P. appeared, and seriously contested the matter on the ground that there was some delay in repayment of the maturity value, because, the certificate number was not given properly by the complainant. It is also submitted that there was some delay in settlement of the claim as the amount was required to be received from Maturity cell situated at Chennai. The O.P. has paid the total amount of rs.415/- against the deposit of Rs.200/-. In fact, this amount of Rs.200/- was deposited by complainant as he agreed to act as an agent of the O.P. Hence, he is not a Consumer, and this Forum has no jurisdiction to entertain this complaint. This complaint is filed only with a view to harass the O.P. and prayed for dismissing the complaint. 4. Both parties have filed affidavits. Complainant has produced Xerox copies of the documents. Heard the learned counsel for the O.P. 5. Short points for our consideration are as under:- 1. Whether there was delay in payment of the maturity amount, if so, to what relief the complainant is entitled? 2. Whether complainant is a Consumer and complaint is maintainable? 6. Our findings on the above points are as under:- 1. Point no.1: Affirmative. 2. Point no.2: Partly affirmative. REASONS 7. Points no. 1 and 2:- This complaint is prosecuted by the complainant personally, and various dates are not properly mentioned in the complaint, as well as the affidavit. It is clearly mentioned in the affidavit that O.P. has paid Rs.415/- on 26-6-05. If this was the real fact, why the complainant failed to state this fact in the complaint, which was filed on 25-7-05 is not known. Any how, one thing is clear that complainant deposited an amount of Rs.200 under a certificate having maturity on 12-8-04. Xerox copy of the letter dated 12-8-04 written by the O.P. was delivered to the complainant lately. The complainant has addressed two letters on 21-04-05 and 08-06-05, which was sent by speed post, without any reply from the O.P. It is also seen that the complainant has sent two letters through couriers to the branch at Mysore also. The facts are not disputed. It is stated by O.P.s that there was delay in settlement for two reasons. Firstly, correct certificate number was no available, and secondly, there was some delay in processing the claim, as the maturity cell is situated at Chennai. The affidavit of the complainant is sufficient to prove that he approached the Mysore branch, and handed over Xerox copy of the certificate, seeking settlement. Under such circumstances, the contention that such certificate number was not available can not be accepted. Merely because, the settlement cell of the O.P. is situated at Chennai, there can not be delay in settlement of the claim. It is obvious that amount of Rs.415/- was payable to the complainant as on 12-8-04, and there was delay of 9 months, as the amount was allegedly paid on 26-6-05. We do not intend to award interest, cost of the litigation, and damages separately, having regard to the fact that the amount involved in the case is only Rs.415/-. For the above reasons, we award consolidated amount of Rs. 200/- in favour of the complainant on the ground of deficiency in service. Hence, following order:- ORDER Complaint is allowed as under:- 1. O.P. is directed to pay an amount of Rs.200/-, consolidated to the complainant, within a period of two months from the date of receipt of this order, failing which this amount shall carry future interest at the rate of 12% p.a. from such date till the date of payment. 2. Send the copy of this order to both parties under C.O.P. Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open court on this day the 4th Oct. 2005. (Ashok Kumar J.Dhole) President (M.Mahadevi) Member (G.V.Balasubramanya) Member
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