This C.C. came up before us for final hearing in the presence of Sri.S.Raghu, Advocate for Complainant; Notice of opposite party served called absent; upon perusing the material papers on record; and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt.V.Vijaya Rekha, Member)
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;
2. The complainant joined as a subscriber in Sanghi Plantation Scheme of opposite party on 19-5-1992 and paid an amount of Rs.1,000/- as consideration and the opposite party issued sapling sale certificate in the name of the complainant. As per the agreement the delivery date of the teak tree as on 20-5-2005. Instead of delivery of teak tree on agreed date to the complainant, the opposite party addressed a letter to the complainant to send the original sale certificate for extension of maturity period and in the said letter the opposite party gave an option to take away the sapling within one month from the date of receiving the letter and also gave another option of refunding the cost of sapling. The complainant further stated that he did not send the original sale certificate, as there is no clause for extension of maturity period. The complainant also alleged that the opposite party also addressed a letter along with D.D. dated 13-8-2008 for Rs.1,000/- towards final payment and the opposite party tried to deceive the complainant and avoiding its obligation by way of refunding the deposit amount, the attitude of opposite party amounts to unfair trade practice and as such he approached the forum along with a prayer to direct the opposite party to revive the agreement and to stop unfair trade practice and to award Rs.10,000/- towards mental agony and costs of the complaint.
3. Along with the complaint, the complainant filed affidavit and also filed
1) Letter dated 16-8-2008 addressed by the opposite party to the complainant
2) Cheque bearing No.242937, dated 13-8-2008
3) Sale certificate, dt.19-5-1992
4) Letter dated 28-4-2002 addressed by the opposite party.
5) Acknowledgment dated 14-11-1991 issued by the opposite party
6) Courier receipt dated 13-11-1991
7) Application of subscription bearing No.1478744
4. After registration of complaint, this forum sent a notice to the opposite party and having received the same the opposite party sent a telegram to this Forum and sought ten days time for its appearance, in spite of giving sufficient time to file counter neither the opposite party appeared before the Forum, nor filed its counter.
In support of his claim, the complainant filed written arguments almost all the same averments as mentioned in the complaint.
5. In view of the above facts and circumstances, the point for consideration is,
6. Whether the complainant is entitled to any relief as prayed or not?
P o i n t
7. As seen from the averments of the complaint, the complainant joined in opposite party’s teak plantation scheme as a subscriber and paid Rs.1,000/- towards subscription amount and the opposite party had given sapling sale certificate in favour of the complainant and the main allegation made by the complainant is that, prior to date of maturity of the scheme, the opposite party refunded the subscription amount of Rs.1,000/- through D.D. dated 13-8-2008 as final payment, it amounts to unfair trade practice towards its consumer and seeks redressal. As per the conditions of the scheme, the maturity period of the scheme is 20 years from the date of joining and the date of delivery of teak tree as on 20-5-2012 and as per the letter dated 28-4-2006, the opposite party finally informed the complainant to submit the sale certificate to them for extension of maturity period and given a choice to the complainant to take away the sapling by surrendering the sale certificate or to take back the cost of sapling and as per the said letter they made a condition on the complainant, if he failed to send the sale certificate within one month from the date of receiving the letter, dated 28-4-2006, it will be presumed to acceptance of the complainant and the said letter also speaks, the opposite party also addressed letters to the complainant, prior to 28-4-2006 i.e. in the year, 2002, 2003, 2004 and 2005 on the same aspect. But as per the contents of the complaint, the complainant never replied the opposite party at any time and failed to file any material for consideration. As such we cannot come to a conclusion, in what circumstances the opposite party had taken a decision to conclude the contract by way of refunding the amount of Rs.1,000/- and moreover as per the sale certificate both the parties entered into the agreement on 19-5-1992 at Hyderabad and as per the conditions of the sale certificate, the delivery date of the teak tree is at the place of plantation and the opposite party also sent the D.D. from Hyderabad. As such the cause of action arose only at Hyderabad and the entire transaction between the parties took place at Hyderabad and moreover the complainant failed to file any documentary proof to show that this forum has got jurisdiction to entertain this complaint, as such this Forum has no jurisdiction to entertain this complaint and Sections 11 and 12 of Consumer Protection Act also speaks the same. In view of the above discussion, the complainant is at liberty to approach proper forum for redressal and as such the C.C. is disposed of accordingly.
8. In the result, the Complainant is at liberty to approach proper forum for redressal. Accordingly, the C.C. is disposed of.
Typed to my dictation, corrected and pronounced by us in the open Forum on this day of February, 2009.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
-Nil-
President Member Member
District Consumers Forum, Khammam
