Karnataka

Kolar

CC/11/205

Sri. A. Nagaraja - Complainant(s)

Versus

Sri Ghose Pasha - Opp.Party(s)

09 Dec 2011

ORDER

The District Consumer Redressal Forum
District Office Premises, Kolar 563 101.
 
Complaint Case No. CC/11/205
 
1. Sri. A. Nagaraja
S/o. Late Rathnamaiah,Aged About 50 Years,Residant of Near Balanjaneya Temple,Ramakrish Extention,Srinivasapura Town.
 
BEFORE: 
 
PRESENT:
 
ORDER

        CC Filed on 12.10.2011

         Disposed on 17.12.2011

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.

 

Dated: 17th  day of December 2011

 

PRESENT:

                        HONORABLE T. RAJASHEKHARAIAH,  President.

  HONORABLE T.NAGARAJA,  Member.

       HONORABLE K.G.SHANTALA,  Member.

---

 

Consumer Complaint No. 205/2011

 

Between:

 

 

Sri. A. Nagaraja,

S/o. Late Rathnamaiah,

Aged about 50 years,

Resident of Near Balanjaneya Temple,

Ramakrishna Extension,

Srinivaspur Town.

 

 

(By Advocate Sri. L. Nagaraj)  

 

 

 

 

 

                 

           ….Complainant

                                                               
                                                              V/S

 

Sri. Ghouse Pasha,

Aged about 43 years,

Proprietor,

Moonstar Enterprises ®

Near Sangeetha Talkies,

M.G. Road,

Srinivaspur Town.

 

Also having its Head Office at

Moonstar Enterprises ®

Subhash Road,

Near Diamond Talkies,

Chintamani Town,

Chikkaballapur District.

 

 

 

 
 

 

 

 

 

 

 

            

 

 

 

 

 

 

          

       ….Opposite Party

 

ORDER

 

This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for return of total amount of Rs.37,975/- with interest at 18% p.a. from 07.12.2006 till date of realization and such other reliefs and costs. 

 

       2.  The material facts of complainant’s case may be stated as follows:

            The opponent is the sole proprietor calling himself as the Chairman/M.D of the firm under the name and style ‘Moon Star Enterprises ® having its head office at Subash Road, Near Diamond Talkies, Chintamani.  The said firm is having branches at various Taluk levels and one such Branch is situated at Srinivaspur Town also.  The opponent had opened a scheme by name ‘TVS Victor & Heavy Duty Lucky Scheme’ and he invited members to join the scheme by paying Rs.1,225/- per month for 38 months.  It was also published that there will be a lucky draw on 10th of every month and who becomes a lucky winner will get the vehicle and he need not pay further installments.  In the same way so many attractive conditions were published by the opponent to get the vehicle. It was also published that the 1st draw would commence from 07th June 2004. Believing the opponent’s publication the complainant joined the scheme and he paid the installments from July 2004 to December 2006 and the total payment of complainant was Rs.37,975/-.   During this period the opponent did not deliver the vehicles to the lucky winners and also the members who had paid the required amount in advance and asked for delivery of the vehicle.   Therefore the people of Srinivaspur town and taluk apprehended that the opponent might cheat them.  Therefore they started demanding him to make good of the above said deficiencies. But he did not heed to the request of the members.  It is alleged that the complainant also approached the OP for settlement and payment of his amount, but he did not respond to the request of complainant.    Hence the present complaint is filed.    Regarding cause for delay complainant has filed I.A. under sec-5 of Indian Limitation Act to condone the delay as insolvency case is pending disposal before Dist. Judge, Chikkaballapura, hence the complaint is not barred by limitation. 

 

3. On filing of the complaint, notices were sent to the OP at two addresses shown in the cause title.     Notice sent to OP at Srinivasapura Town address was returned as ‘shop closed, addressee left without instruction’.    Notice sent to OP at Chintamani address, is received by one Riyaz Pasha.    Notice was held to be sufficient and OP was placed ex-parte.   We heard the arguments.

 

4. The complainant filed affidavit reiterating complaint averments and also filed written arguments.  We perused the records.   The complainant has produced pass book issued in his favour by OP bearing pass book No. 248.   This pass book shows that the complainant paid installments of Rs.1,225/- each month.   Therefore totally as per this pass book the amount paid by complainant is Rs.37,975/-.   In the above circumstances, in our opinion the actual amount paid by complainant may be awarded to him as compensation with reasonable interest from the date of last payment.  Hence we pass the following:

 

                                                      O R D E R          

 

 The complaint is allowed with costs of Rs.2,000/-. The opposite party shall pay Rs.37,975/- (rupees thirty-seven thousand nine hundred seventy-five only) to complainant with interest at 10% per annum on the said amount from 08.12.2006 till the date of payment, within 30 days from the date of this order.        

 

            Dictated to the Stenographer, corrected and pronounced in open Forum this the 17th day of December 2011.

 

 

T. NAGARAJA                          K.G.SHANTALA         T. RAJASHEKHARAIAH  

   MEMBER                                    MEMBER                          PRESIDENT

 

 

  

 

 

 

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