Karnataka

Kolar

CC/65/2017

Sri Mohan urs Mohan babu - Complainant(s)

Versus

Sri.A.N.Muralikrishna - Opp.Party(s)

Sri.Ravindranatha

31 Jan 2018

ORDER

Date of Filing: 03/10/2017

Date of Order: 31/01/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 31^st DAY OF JANUARY 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 65 OF 2017

Sri. Mohan @ Mohan Babu,

S/o. V.Seenappa,

Agrahara Road, Shidlaghatta

Town, Chikkaballapura District.                           ….  COMPLAINANT.

(Rep. by Sri. Ravindranath, Advocate)

 

- V/s -

Sri. A.N. Muralikrishna,

Manager – Partner,

Sri Lakshminarasimhaswamy

Enterprises, A.R.C. Complex,

T.B.Road, Shidlaghatta Town,

Chikkaballapura District.

 

R/at: A.N.Muralikrishna,

S/o.A.G.Nagendra, Sharaf Road,

Shidlaghatta Town,

Chikkaballapura District.

(Exparte)                                                                          …. OPPOSITE PARTY.

 

-: ORDERS:-

BY SMT. A.C. LALITHA, LADY MEMBER

01.   The complainant having submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short it is referred as “The Act”) against opposite party has sought relief of issuance of directions to OP to give any valuable thing for the chit amount of Rs.25,000/- and also sought a sum of Rs.25,000/- as costs towards mental agony and sought permission of this Forum to amend the complaint if need comes and any other reliefs as this Forum deems fit.

 

02.   The facts in brief:-

(a)    It is the contention of the complainant that, OP had opened Sri Lakshminarasimhaswamy Enterprises at ARC complex, T.B.Road, Shidlaghatta.  The complainant by attracting to the scheme of said OP enterprises, as, “in low investment the lucky person should get valuable gift”.  Thus he had become a member to it.  His membership Number is 019.  Accordingly he had paid amount as mentioned below:-

PÀAw£À ¸ÀASÉå	¢£ÁAPÀ	ªÉƧ®UÀÄ	¸À»
1	10-11-14	1000-00	¸À»/-
2	9-12-14	1000-00	¸À»/-
3	10-01-15	1000-00	¸À»/-
4	10-2-15	1000-00	¸À»/-
5	10-3-15	1000-00	¸À»/-
6	10-4-15	1000-00	¸À»/-
7	10-5-15	1000-00	¸À»/-
8	10-6-15	1000-00	¸À»/-
9	10-7-15	1000-00	¸À»/-
10	10-8-15	1000-00	¸À»/-
11	10-9-15	1000-00	¸À»/-
12	10-10-15	1000-00	¸À»/-
13	10-11-15	1000-00	¸À»/-
14	10-12-15	1000-00	¸À»/-
15	10-1-16	1000-00	¸À»/-
16	10-2-16	1000-00	¸À»/-
17	10-3-16	1000-00	¸À»/-
18	10-4-16	1000-00	¸À»/-

 

Accordingly he had paid a sum of Rs.18,000/-.

 

(b)    Further it is contended that, at the time of 18^th chit, in lucky dip the complainant name came, as such the complainant is suppose to get the gift from the OP as assured, but OP refused it.  On 25.10.2016 the complainant requested OP personally to give the gift, but OP refused and also abused him in filthy words and also threatened to his life.

 

(c)    As per condition No.6 of the said scheme the winner member need not to pay further dues of the scheme and at any cost the paid amount will not be repay apart from the valuable things.

 

(d)    It is contended that, the complainant had lodged a complaint before Shidlaghatta Police on 05.11.2016 and on the same day he had written a letter to OP to comply.  But no reply from OP.  So he had lodged a private complaint Under Section 200 of Cr.P.C. before the Senior Civil Judge and First class magistrate in PCR No.162/2016 which is still pending.  Later on OP approached complainant and agreed before local panchayathdhars to settle the matter.  So delay in filing of this complaint.

 

(e)    It is contended that, the cause of action arises on 10.11.2014 the date of enter of chit and on 05.11.2016 date of issuance to Op and by repudiating the claim of complainant OP had rendered deficiency in service.  So contending, the complainant has come up with this complaint with the above set-out reliefs.

 

03.   As per the proceedings noted in the order-sheet dated: 29.12.2017 OP came to be placed exparte.  The complainant has submitted his affidavit evidence by way of examination-in-chief and the documents marked as Exhibit-P.1 to P.25.

 

04.   Heard arguments of complainant by his learned counsel.

 

05.   Therefore the points that do arise for our consideration are:-

(1) Whether is there deficiency of service on the part of the OP?

(2) If so, whether complainant is entitled for the relief as he sought?

(3) What order?

 

06.   Our findings on the above stated points are:-

POINT (1) & (2):-      In the Affirmative

POINT (3):-              As per the final order

        for the following:-

REASONS

POINT (1) & (2):-

07.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

08.   The averments in the complaint compelled with the said documents and the evidence of complainant have remained un-opposed.  So they are bound to prevail.

 

09.   Even otherwise on going through the said averments and documentary evidence at the instance of the complainant, it cannot be disputed that the complainant is the member of said chit and had paid 18 chits in total a sum of Rs.18,000/- and signature of OP shows which is in receipt of OP (reliance placed on Exhibit-P1 pass-book issued by OP).

 

10.   On perusal of Exhibit-P.1 bass-book it reveals that, the condition No.6 reads as:-

“6) «eÉÃvÀ ¸ÀzÀ¸ÀågÀÄ ªÀÄÄA¢£À PÀAvÀÄUÀ¼À£ÀÄß PÀlÄÖªÀAw®è AiÀiÁªÀÅzÉà PÁgÀtPÀÆÌ ªÀ¸ÀÄÛUÀ¼À£ÀÄß ©lÄÖ ºÀt PÉÆqÀĪÀÅ¢®è.”

11.   Hence we are of the opinion that, the OP rendered deficient in service in not giving the gift as assured, therefore the complainant is entitled for the claim as he sought.

 

12.   The complainant had sought in this complaint for the gift as assured by the OP with a worth of Rs.25,000/-.  Hence we come to conclusion that, the complainant should receive the gift worth of Rs.25,000/- and also entitled to get compensation of Rs.10,000/- with interest at the rate of 9% per annum from the date of this order till realization being paid by the OP.

 

POINT (3):-

13.   In view of the above discussions on Point (1) & (2) we proceed to pass the following:-

ORDER

01.   For foregoing reasons this complaint stands allowed with costs of Rs.5,000/-.

 

02.   The complainant is entitled to get a gift worth of Rs.25,000/- and also compensation of Rs.10,000/- with interest at the rate of 9% per annum from the date of this order till realization being paid by the OP.

 

03.   We grant time of one month to OP to comply this order from the date of communication of this order.

 

04.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 31^st DAY OF JANUARY 2018)

 

LADY MEMBER                                PRESIDENT