CC Filed on 10.05.2011
Disposed on 26.08.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 26th day of August 2011
PRESENT:
HONORABLE T. RAJASHEKHARAIAH, President.
HONORABLE T.NAGARAJA, Member.
HONORABLE K.G.SHANTALA, Member.
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Consumer Complaint No. 130/2011
Between:
Sri. V. Ramesh Babu, S/o. Late Venkataramaiah, Aged about 45 years, Resident of Santhe Maidana, Opp. to Venu Vidhya Samasthe, 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 a direction against the opposite party to pay Rs.46,550/- to complainant with costs and interest.
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 14.06.2004 to 14.12.2006 and the total payment of complainant was Rs.46,550/-. 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.
3. The notice issued under RPAD was served on OP, but he remained absent did not file any version. The service of notice on him is taken as sufficient. We heard the arguments.
4. The complainant filed affidavit and the relevant documents in support of averments made in the complaint. We perused the records. The complainant has produced pass book issued in his favour by OP bearing pass book No. 232. 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.46,550/-. 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.46,550/- (rupees forty-six thousand and five hundred-fifty only) to complainant with interest at 10% per annum on the said amount from 14.12.2006 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 26th day of August 2011.
T. NAGARAJA K.G.SHANTALA T. RAJASHEKHARAIAH
MEMBER MEMBER PRESIDENT
