Date of Filing: 18.06.2008<br /> Date of Order:30.09.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 30TH DAY OF SEPTEMBER 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1351 OF 2008<br /> <br /> Shivaji Chavan<br /> # 25/2, Shree Renukamba Nilay<br /> 9th Main, M.K. Nagar, Yeshwanthpur<br /> Bangalore 560 022 Complainant<br /> <br /> COMPLAINT NO: 1352 OF 2008<br /> <br /> Shivaji Chavan<br /> # 25/2, Shree Renukamba Nilay<br /> 9th Main, M.K. Nagar, Yeshwanthpur<br /> Bangalore 560 022 Complainant<br /> <br /> V/S<br /> <br /> Srishti Promoters & Developers<br /> Represented by its Managing Director<br /> Ms. Padma Bhat / Malika<br /> Regd. Office No. 4/2A, First Floor<br /> Chord Road, Attiguppe, Vijayanagar<br /> 2nd Stage, Bangalore 560 040 Opposite Party<br /> <br /> <br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing orders since opposite party is one and the same. <br /> The complainant has filed these two complaints under Section 12 of the Consumer Protection Act.<br /> The facts of the case are that opposite party is a private company. Complainant has obtained membership of opposite party company and invested sum of Rs. 25,000/- in each of the case. The opposite party company has not paid the assured or share of profit from the month of August 2005 to till date. Complainant claims refund of the amount with interest and compensation.<br /> 2. Notice was issued to opposite party. Notice issued by RPAD returned with an endorsement ‘not claimed’. The opposite party has not appeared before this forum and defence version not sent in post. The endorsement on the notice cover ‘not claimed’ was held sufficient service. Therefore, the opposite party was placed exparte.<br /> 3. Complainant was heard in person and perused the documents.<br /> 4. The complainant has obtained two receipts No. 000116 and 000117. As per the documents the complainant has deposited total amount of Rs. 50,000/- under two receipts. It is the case of the complainant that the opposite party has paid only Rs. 3,000/- as share of profit for one month and from August 2005 till date the opposite party has not paid the share profit or interest on the deposited amount. Therefore, complainant has requested direction to the opposite party to pay interest and compensation. The case made out by the complainant has gone unchallenged. Opposite party has not appeared before the forum. It appears that opposite party has no defence to make. That is why the opposite party has failed to appear before this forum. There is nothing to dis-believe the allegations or facts stated by the complainant in his complaint. Therefore, by looking into the documents and the complaint, it is just, fair and reasonable to order the opposite party to pay total sum of Rs. 50,000/- in respect of two receipts of investments alongwith 12% interest on Rs. 50,000/- from 11.06.2005 till payment / realization. In the result I proceed pass the following: <br /> ORDER<br /> <br /> 5. Both the complaints are allowed. The opposite parties are directed to pay Rs. 50,000/- to the complainant in respect of two investment receipts No. 000116 and 000117. The opposite party is also directed to pay interest at 12% p.a. from 11.06.2005 on Rs. 50,000/- till payment / realization.<br /> 6. The complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party.<br /> 7. Keep the copy of the order in connected case file. <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 30TH DAY OF SEPTEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />