Karnataka

Gadag

CC/16/2015

Smt. Umadevi, S. Patrimath - Complainant(s)

Versus

Sri Dharmadevathe Finance3 Corporation Lakkundi - Opp.Party(s)

P,K,Patil

28 Sep 2015

ORDER

JUDGEMENT DELIVERED BY SMT.SAMIUNNIS.C.H., PRESIDENT:

The complainant has filed this complaint against the Opposite Parties (herein after referred in short as OPs) u/s 12 of Consumer Protection Act, 1986 alleging deficiency in service not paying the maturity amount of Rs.29,800/- and prays to pay the maturity amount along with 18% interest p.a. from the date of the maturity till the date of realization.

 

2.    The brief facts of the case are that it is stated that the Complainant is residing at the above address, the OP Registered Financial Firm at Lakkundi in the name and style “Sri Dharmadevati Finance Corporation (R)”, Lakkundi. OP No.1 is the Manager/Managing Partner, OP No.2 to 4 are Partners. The Complainant had deposited in a sum of Rs.25,000/- in OPs Firm for a term of one year i.e. deposited on 14.10.2013 to 14.10.2014. After maturity, the amount will be Rs.29,800/-, the OP had issued a Bond for the same, after the maturity the Complainant visited the Ops Office severally, taking the undue advantage of the Complainant’s illiteracy, the Ops are avoiding to make the payment to the Complainant. The Complainant issued legal notices to the Ops though his counsel on 19.01.2015 to make the payment. The legal notices have been served but the Ops have not reply to the notices, nor the paid the amount to the Complainant, it is bounded duties of the Ops that immediately after the maturity of the said amount, the Ops have to issue a notice to the Complainant to withdraw the maturity amount, Ops have failed to do so and made deficiency in service.

 

3.      The Complainant prays to make maturity amount of Rs.29,800/- along with 18% interest p.a from the date of maturity till the realization.

4.      Thereafter, the Complaint was admitted, issued notices to the Ops, OP No.1 and 3 have not claimed articles, it means that it is served, but the notices to the OP No.2 and 4 have been served, but they have not appeared. Hence, they are all placed ex-parte.

 

5.      The Complainant filed affidavit along with 08 documents which had been marked as Ex P1 to P8 while arguing the matter, the Complainant advocate have filed 05 other documents which has been notarised, it is to be considered in this juncture.

 

6. Heard the arguments from the counsel of the Complainant.

          In the proceeding, the following points are arises for our consideration:

A.	Whether the complainant proves that the deficiency in service on the part of the OPs?
B.	What Order?

 

Our Answer to the above Points are:-

Point No.A in the partially affirmative

Point No.B as per the final Order.

                          R E A S O N S

 7.  POINT NO.A:  On going to the pleadings and perusal of all the documents of the Complainant, it is true that the Ops have registered firm u/s 58 (i) of the Indian Partnership Act, 1932 on 28.10.2010, in the name and Style of “Sri Dharmdevati Finance Corporation  (R)” Lakkundi and all the Ops are partners of the Firm, the Ops have issued a bond to the Complainant from promising to pay of Rs.29,800/- on or after 14.10.2014, the counsel of the Complainant issued notices to all the Ops exhibit P1 to P6 reveals that the Ops have received the notices, but the OP No.1 have not claim the article after the notice of 07 days from the Postal Department,  it shows that the negligence attitude of the OP No.1.

 

     8.      It came to the conclusion that by not paying the maturity amount of Rs.29,800/- to the Complainant  after maturity. The reason lust explain above after applying the said decision, the Complainant is entitled to pay Rs.29,800/-, it clearly shows that after issuing the notices from this Forum, they are not come forward to answer the same. All the documents produced by the Complainant it clearly speaking the negligency and deficiency in service of the Ops. Hence, Complainant is entitled to maturity of Rs.29,800/- along with the interest from date of maturity till the realization and awarded a sum of Rs.1,000/- towards the cost of the proceeding. Hence, we answer the Point No.(A) partially affirmative.
 

9.  POINT NO.B: In view of the explained above, we pass the following :

//ORDER//

          The complaint is partial allowed.

2.  The Complainant is entitled to get Rs.29,800/- (Rupees twenty nine thousand eight hundred) at 12% interest p.a. from the date of maturity till the realization and Rs.1,000/- (Rupees one thousand) towards the cost of the proceedings. Ops shall be pay the amount within a period of one month from the date of this Order.

 

3. Fails to pay the same within one month, OP No.1 to 4 are liable to pay a fine of Rs.2,000/- (Rupees two thousand) to the Complainant.

 

4.. Send a copy of this Order to both parties free of cost.   

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 28^th day of September, 2015)