Tamil Nadu

South Chennai

CC/113/2006

TANMAY GUPTA - Complainant(s)

Versus

Rural Electrification Corporation Ltd., - Opp.Party(s)

M.Sampath

06 Sep 2017

ORDER

                                                                        Date of Filing :  17.11.2005

                                                                        Date of Order :  06.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.113/2006

WEDNESDAY THIS 6^TH DAY OF SEPTEMBER 2017

 

Mr. Tanmay Gupta,

No.4D, Gee Gee Tower,

11, First Street, Haddows Road,

Chennai 600 006.                                               .. Complainant

 

                                        ..Vs..

 

1.  M/s. Rural Electrification Corporation Ltd.,

Rep. by its General Manager (Finance),

Regd. Office Core 4, Scope Complex,

7, Lodi Road,

New Delhi 110 003.

 

2. M/s. Rural Electrification Corporation Ltd.,

Rep. by its General Manager (Finance),

Branch Office, 12 & 13 TNHB Complex,

180 Luz Church Road,

Chennai 600 004.

 

3. M/s. MCS Limited,

Rep. by Mr. Ajay Singh,

Srivenkatesh Bhawan,

W-40, Okhia Industiral Area,

Phase –II, New Delhi 110 020.                     .. Opposite parties.

 

Counsel for Complainant             :    M/s. M.Sampath Rajkumar      

Counsel for opposite parties        :    M/s. A. Palaniappan & another       

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.2,00,000/- for financial loss due to deficiency of service with cost of the complaint.

1. The averment of the complaint in brief are as follows:

        The complainant submit that he availed deposit of Rs.3,00,000/- in REC limited as per advertisement of opposite parties 1 & 2 in the newspaper on 15.10.2001.   The said deposit was matured on 16.10.2004.  The opposite party issued pre-receipt format as early as 13.9.2004 and was duly filled up and submitted by the complainant.  Even after the lapse of 4 months the complainant has not received the matured amount.  Accordingly the complainant send letter to the opposite parties  on 18.1.2005.  But that the opposite parties sent reply stated that the amount has been sent by way of D.D on 16.10.2004.  Despite of repeated demands made by the complainant, only in the first week of July 2005 the complainant received only the matured amount after the lapse of 8 months.     As such the act of the opposite parties is amount to deficiency in service which caused mental agony and hardship to the complainant.  Hence the complaint is filed. 

2. The brief averments in Written Version of  the opposite parties 1 & 2 and adopted by the opposite party-3   are as follows:

        The opposite parties denies each and every allegation except those that are specifically admitted herein.   The opposite parties submit that  option form along with the Bond certificate for the said 30 Bonds were processed and redemption cheque bearing NO.308487 for Rs.3,86,400/-  of which the principal being Rs.3,00,000/- and the interest being calculated at Rs.86,400/- in all the aforesaid sum of Rs.3,86,400/- vide redemption cheque drawn on HDFC bank was mailed to the complainant on 16.10.2004.   Further the opposite parties submit that the amount has been paid with interest the delay is only because of transit not by the deficiency of service of the opposite party.  Hence there is no deficiency in service on the part of the opposite party.  Therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 marked.  Proof affidavit of opposite parties not filed and no documents  marked on the side of the opposite party. 

4.   The point for the consideration is:  

Whether the complainant is entitled to a sum of Rs.2,00,000/- towards financial loss caused due to deficiency of service of the opposite parties with cost as prayed for ?

5. ON POINT:

Both parties have not turned up to advance any arguments for long time.  Hence it is treated that both parties have no argument.   The opposite party has not preferred to file proof affidavit also.   In order to prove the contention raised in the written version.   Admittedly the complainant availed deposit of Rs.3,00,000/- in REC limited as per advertisement of opposite parties 1 & 2 in the newspaper on 15.10.2001.   Admittedly the said deposit was matured on 16.10.2004.  The opposite party issued pre-receipt format as early as 13.9.2004 and was duly filled up and submitted by the complainant.  Even after the lapse of 4 months the complainant has not received the matured amount.  Hence the complainant was constrained to send letter Ex.A4;  the opposite party sent a reply stated that the amount has been sent by way of D.D on 16.10.2004.  But it is not denied that the said amount of D.D. has not reached the complainant.  After repeated requests and demands the opposite party sent matured amount of Rs.3,86,400/- received on 30.6.2005.  There was a delay of 8 months in disbursing the matured amount.  The complainant is claiming a sum of Rs.2,00,000/- towards the financial loss due to the deficiency of service. 

6.     The opposite party contention is that the claim of Rs.2,00,000/- for the alleged deficiency is unsustainable.  The opposite party sent  the matured amount to the complainant on 16.10.2004 itself.  But there is no record.  Further the contention of the opposite party in the written version is that the amount has been paid with interest the delay is only because of transit not by the deficiency of service of the opposite party is not acceptable.   Since the date of disbursement of the matured  REC is highly belatedly  (i.e.) 8 months delay.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay  a sum of Rs.23,184/- towards interest for a sum of Rs.3,86,400/- for 8 months at the rate of 9% p.a. and to pay compensation of Rs.5,000/- and cost of Rs.5,000/- to the complainant and the points are answered accordingly.

In the result, the complaint is allowed in part.  The opposite party shall pay a sum of Rs.23184/- (Rupees Twenty three thousand  one hundred and eight four only) towards interest  and to pay compensation of Rs.5,000/-(Rupees Five thousand only) towards mental agony  and cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.  

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a till the date of payment.        

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  6^th    day  of  September  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

 

Ex.A1-  13.9.2004 - Copy of Pre-receipt formal sent by the opposite party.

Ex.A2- 13.9.2004  - Copy of option form format.

Ex.A3-13.9.2004   - Copy of complainant’s Demand in Indusland Bank.

Ex.A4- 18.1.2005  - Copy of Complainant’s Demand letter

Ex.A5- 22.2.2005  - Copy of Complainant’s Demand Letter.

Ex.A6- 4.5.2005    - Copy of opposite party reply.

Ex.A7- 30.6.2005  - Copy of redemption warrant issued by the opposite party.

Ex.A8- 1.9.2005    - Copy of complainant’s advocate notice.

Ex.A9- 6.9.2005    - Copy of Acknowledgment of the 1^st opposite party.

Ex.A10- 6.9.2005  - Copy of Acknowledgment of 2^nd opposite party.

 

Opposite party’s side document: -  .. Nill..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.