JUDGEMENT By Sri. Pampapathi President:- The brief of the complainant case are that, he purchased 6 debentures certificates of Rs. 10,000/- each with maturity value of 30,970 each from the opposite, after maturity date he submitted 6 certificate to opposite for to make payment of the maturity amount but opposite paid an amount of rupees in respect of 3 certificate bearing No. 1 KZN-1818241 (2) KZN 1818242 and 3) KZN-1818245 but not paid the amount in respect of 3 debenture certificates in respect of 1) KZN-1820901 2) KZN 1820902 and 3) KZN 1820903. He requested the opposite to make the payment of amount pertaining to those 3 certificates, but opposite shown its negligence in making payment in-spite of his oral and request. Therefore, he filed this complaint for the relief as prayed in his complaint. 2. Opposite appeared in this case, through its advocate filed written version by contending that, complainant purchased only 3 debenture certificates bearing No’s KZN 1818241, 2) 1818242, and 3) 1818245 only, after maturity of those certificates complainant reported regarding the misplacing of those 3 certificates and requested to issue duplicates of those certificates as such he executed 3 separate indemnity bounds and after complication of officer formality duplicate those 3 certificates issue to him no 6 debenture certificate purchased by the complainant, he purchased only 3 certificate as such complainant falsely claiming the amount as such his request was not considered and thereby there was no deficiency in service on its part, accordingly it prayed for to dismiss the complaint among other grounds with compensatory costs. 3. In view of the pleadings of the parties, Now the points that arise for our consideration and determination are that:- 1. Whether the complainant proves that, he purchased total 6 debentures certificates of Rs. 10,000/- each with maturity value and after maturity he surrendered all the 6 bounds to opposite on 9-5-09 for to make the payment of the maturity amounts of those bounds but, opposite paid maturity amount only in respect of 3 debenture certificates and not paid amount of other 3 debenture certificate on untenable grounds even after his oral written requests, it shows its negligence in making payment and therefore opposite found guilty under deficiency in its service? 2. Whether complainant is entitled for the relief’s as prayed in his complaint.? 3. What order? 5. Our findings on the above points are as under:- (1) In affirmative. (2) As discussed in the body of this judgment and as noted in the final order. (3) In-view of the findings on Point Nos. 1 & 2, we proceed to pass the final order for the following : REASONS POINT NO.1 &2 :- 6. To prove the facts involved in these two points, affidavit-evidence of the complainant was filed, he was noted as PW-1 and documents Ex.P-1 to Ex.P-20 are marked. On the other hand affidavit-evidence of Senior Manager (Legal) is filed, he was noted as RW-1. The documents at Ex.R-1 to Ex.R-20 are marked. Complainant filed counter affidavit to the affidavit evidence of RW-1. 7. As per the case of complainant he totally purchased 6 debenture certificates bearing Nos 1) KZN-181820901- Ex P-1, 2) KZN-181820902, Ex P-2 and 3) KZN-1820903 4) KZN-1818241- Ex P-3, 5) KZN-1818242- Ex P-4, and 6) KZN-1818245- Ex P-5, further case of him is that, he surrendered all the 6 bounds before opposite on 9-5-09 for to make maturity amount of those certificates. 8. in support of surrendering those 6 certificates he filed document Ex-P -6 which an acknowledgment slip of those 6 certificates by opposite as such the contention of opposite regarding handing over the said 6 certificate for to make payment on 8-5-09 to opposite vide acknowledgment slip Ex-P-6. This acknowledge slip Ex-P-6 cannot be denied by the opposite as it is a slip issued by the opposite in the name of its firms with signature of the manager. Now the second point for our consideration is that, whether certificate Ex-P 3 to 5 were misplaced by the complainant and as per his request and as per the indemnity bound executed by him vide documents ExR-8 to 10 it issued duplicates of those lost certificates, he not purchased 6 certificate he purchased only 3 certificate and those certificate were misplaced by him as such it issued duplicate certificates of those misplaced certificates. Therefore it paid maturity amount of 3 bounds. 9. If this case of opposite is accepted them what were the reasons for the opposite to issued acknowledge slip Ex-P-6 by admitting that, it received 6 separates bounds from the complainant for to make payment of maturity value those 6 certificates. As such we have accepted the document Ex-P-6 and came to conclusion that, complainant surrendered 6 separate debenture certificates on 8-5-09, which are noted as under:- 1) KZN-1818241- Ex P-3, 30097/- 2) KZN-1818242- Ex P-4 , 30097/- 3) KZN-1818245- Ex P-5, 30097/- 4) KZN-1820901- Ex P-1, 30097/- 5) KZN-1820902- Ex P-2, 30097/- 6) KZN-1820903- , 30097/- That, other contention of the opposite is that, complainant executed indemnity bounds Ex R-6, 8 and 10 respectively for the loss of original certificates Ex P-3 to 5. In the light of the submission made by learned advocate for opposite we have gone through the said documents Ex R -6, 8 and 10 in detail as complainant contended that, those documents are fabricated documents for to avoid the payment of those 3 bounds. On examination of those indemnity bounds Ex R-6,8 and 10 and signatures appearing on those documents, we are of the view that, the signatures of the complainant are deferring to the signatures of the complainant, on complaint, the affidavit evidence and vakalat filed by him in this case. As such we are of the view that, there are no material records to hold contrary view to the admitted facts by the opposite in acknowledge slip Ex P-6, as such the story of missing of 3 debenture certificates by the complainant and execution Ex R-6, 8 and 10 indemnity bounds by the complainant for to issue duplicate certificates not accepted. We have no necessity to appreciate all the correspondence of opposites with its Head Office, as such it is a proved facts that, complainant received 6 certificates and made payment only in respect of 3 certificate and not paid the maturity value of 3 certificate as noted below:- 1. KZN 1820901- 2. KZN 1820902 3. KZN 1820903, total maturity value of Rs. 19,291/- (3bounds), as such denial of the legal claim of complainant by adopting illegal means is a deficiency in service on the part of this opposite, accordingly we answered this point No. 1 in affirmative. 10) As regards to the relief claimed by the complainant, he is entitled to recover a total amount of Rs. 90291/-towards maturity value those 3 debenture certificates. 11) we have noticed the deficiency in service by the opposite, as such the complainant is entitle to recover a lump-sum amount of Rs. 3,000/- from the opposite under this head. 12) Complainant is also entitle to recover a lump-sum amount of Rs. 3,000/- towards cost of this litigation. Hence complainant is entitle to recover total amount of Rs. 96,291/- which is rounded to Rs. 96,300/-. 13) complainant is also entitle to recover interest at the rate 2% pa on the said total amount as requested in his prayer from the date of surrendering those debenture certificates to opposite vide Ex p-6 dated 8-5-09 till realization of the full amount. Accordingly we answered this point. POINT NO.3:- In view of our finding on Point Nos- 1 & 2, we proceed to pass the following order:- ORDER The complaint filed by the complainant is partly allowed with costs. Complainant is entitled to recover total amount of Rs. 96,300/- from the opposite. Complainant is entitled to recover interest on the said amount at rate of 2% pa from the date of surrender i.e. 8-5-09 till realization of the full amount. Opposite here by granted one month time to make the payment from the date of this judgment. Intimate the parties accordingly. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 30-12-10) Sd/- Sri. Pampapathi, President, District Forum-Raichur. Sd/- Smt.Pratibha Rani Hiremath, Member. District Forum-Raichur.