Karnataka

Kolar

CC/34/2016

Bhagyashree.M. - Complainant(s)

Versus

Samruddha Jeevan Co-Operative Society - Opp.Party(s)

Inperson

08 Jul 2016

ORDER

Date of Filing: 18/05/2016

Date of Order: 08/07/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 08^th DAY OF JULY 2016

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 34 OF 2016

Bhagyashree.M,

#102, 8^th Cross, Karanjikatte,

Kolar-563 101.

 

(In-person)                                                    ….  Complainant.

 

 V/s

Samruddha Jeevan Multi-State

Purpose Co-operative Society Limited,

Hanume Gowda Complex,

1^st Floor, Near Narendra Hospital

& Honda Show Room, M.B. Road,

Kolar-563 101.

Rep. by Sri. Balamurali.A.P.,

The Manager.

(Since placed exparte)                                  …. Opposite Party.

: ORDER:

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant in person having submitted the complaint (taken read as one Under Section 12 of the Consumer Protection Act, 1986) has sought refund of deposit amount of Rs.2,50,000/ from the OP, with such other relief.

 

02.   The facts in brief:

(a)    The complainant contends that, she made investment of Rs.2,50,000/ on 25.02.2012 with the OP.  And that it was on the basis of annual interest scheme for the duration of 06 years.  And that the date of the maturity was to be on 24.02.2018.  And that the same are mentioned in the documents.  And that, the OP  Society has stopped payment of interest from May 2016 in respect of other investments done.  And that getting back the said investment is essential as it was the only source of income to the family.  And that because of the inconvenience made by the OP  Society she has been made to face lot of mental harassment. 

 

(b)    Along with the complaint she has submitted copy of the first installment receipt cum acceptance letter as issued by Prosperity Agro India Limited, copy of the Rearing Contract and copy of the Live Stock Rearing Contract (TYPE II).

 

03.   On registration of the case on the strength of the complaint, notice through RPAD came to be issued to the OP.  On 06.06.2016 the OP remained absent in spite of service of notice through RPAD.  Hence the OP came to be placed exparte.

 

04.   On 27.06.2016 the complainant has submitted her affidavit evidence.  On 05.07.2016 she has submitted written arguments and a Memo-Cum- Additional Written Arguments with following 03 documents:-

(i)       Original cheque post dated 25.02.2017 for Rs.40,000/ as issued by the Prosperity Agro India Limited, and

 

(ii)      Post-dated: 25.02.2018 cheque for Rs.40,000/- as issued by the very same concern in favour of this complainant and

 

(iii)    Original first installment receipt cum  application letter as issued by the said Prosperity Agro India Limited. 

 

On this day itself, heard the oral arguments as advanced by the complainant who is in-person.

 

05.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the OP is guilty of deficiency in service?

2. Whether the complainant is entitled to the relief sought for?

3.  What order?       

 

06.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT NO.1:    In the Affirmative

POINT NO.2:    In the Affirmative.

 

POINT NO.3:    As per the final order

                        for the following:

 

 

REASONS

POINT Nos.1 & 2:

07.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    The pleadings and the documentary evidence as well oral evidence by way of affidavit on the part of the complainant since have remained un-opposed, the same have prevailing effect.  Even otherwise it is worth to note through the said documentary evidence that, on 02.11.2012 at Kolar the complainant entered in to Buffalos Live Stock Rearing Contract with the said Prosperity Agro India Limited at Kolar itself.  And it is the present OP who has taken initiation for and on behalf of the said concern in entering in to the said contract.  The contract is to last for 06 years with expiry dated on 24.02.2018.  As per agreed terms the OP was/is accepted to pay interest in a sum of Rs.40,000/ annually to the complainant.

 

(b)    As per the detailed disclosure made in the Memo-Cum-Additional Written Arguments this complainant has specifically contended that, the cheque for Rs.40,000/ issued for the current year dated: 25.02.2016 came to be encashed after delay of a month. Certainly this would amount to deficiency in service.  Therefore the complainant is well within her legal means to withdraw from the contract by foregoing the interest of Rs.40,000/ for the period of 25.02.2017 and then on 25.02.2018 for similar sum of Rs.40,000/.  And this in any way would never cause either prejudice or loss to the OP who is guilty of deficiency in service.  The complainant is fair enough to cause production of the said 02 original post dated cheques and original first installment receipt  cum  acceptance letter as issued by the Prosperity Agro India Limited.  The OP is duty bound to collect these original documents from this Forum, at appropriate time to be stated hereafter.

 

(c)    Secondly we hold that, the complainant is entitled to refund of original investment of Rs.2,50,000/ which was so invested on 25.02.2012 together with interest at the rate of 9% per annum by way of compensation from 18.05.2016 being the date of the complaint till realization for being recovered from the OP. 

 

POINT No.3:

08.   We proceed to pass the following:

 

 

ORDER

(01)  For foregoing reasons the complaint on hand stands allowed with costs of Rs.2,500/ against the OP as hereunder:-

 

(a)    The OP shall refund Rs.2,50,000/ to the complainant together with interest @ 9% per annum by way of compensation from 18.05.2016 being the date of the complaint till realization.  The OP after due compliance of the order shall collect back the original post-dated cheques dated: 25.02.2017 and 25.02.2018 for Rs.40,000/ each issued in the name of the complainant together with original application-cum- certificate from this Forum itself.

 

(b)    We give time of 01 month to the OP to comply this order from the date of communication of the same.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 08^th DAY OF JULY 2016)

 

 

 

 

MEMBER                         MEMBER                     PRESIDENT