Karnataka

Kolar

CC/23/2022

Sri.M.Muniappan - Complainant(s)

Versus

Sri.Ashwath Narayana - Opp.Party(s)

31 Mar 2023

ORDER

Date of Filing: 09/05/2022

Date of Order: 31/03/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

 

Dated: 31^thDAY OF MARCH 2023

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:23/2022

 

Sri. M. Muniyappan. Ex. Army

S/o Late. Muniswamy

Aged about 76 year,

R/o No. 1175,

Kalaivanillam,

Vivek Nagar,

Robertsonpet,

K.G.F - 563122

(Rep. by Sri.T.R. Jayaram, Advocate)               ….  Complainant.

 

- V/s –

1)  Sri Ashwath Narayan President.

Consumer Welfare Trust C.W.T.

Complex, BEML Nagar Post,

K.G.F. -563 115.

 

2)   Sri. Seetharaman.

General Secretary,

Consumer Welfare Trust C.W.T.

Complex, BEML Nagar Post,

K.G.F. -563 115.

 

3)   Sri Bhaskar Treasurer,

Consumer Welfare Trust C.W.T.

Complex, BEML Nagar Post,

K.G.F. -563 115.                                      …. Opposite Parties.

 

 

 

 

 

-: ORDER:-

 

BY SRI. SYED ANSER KALEEM, PRESIDENT

1)     This is the complaint filed U/s 35 of the C.P. Act 2019 against the Opposite parties and praying for direction to the Ops to pay a sum of Rs.8,09,083/-, along with interest at the rate of 18%. P.a to the complainant, also to pay compensation of Rs.10,000/- and to pay Rs.5,000/- towards cost of the proceedings.

2)     The brief facts of the complaint petition is that, the complainant is an ex-Indian Army man working as a technical assistant and he was superannuated in January 1981 and subsequently he was appointed as security guard in BEML, KGF during September 1981. 

3)   It is stated that the complainant had deposited a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) with the Ops, for which the Ops agreed to pay back the amount in deposit along with the Interest @ 10% p.a.  It is the allegation of the complainant is that, Ops failed to pay back the amount in deposit along with agreed rate of interest. Thereafter the complainant has lodged the complaint before the jurisdictional police and thereafter Ops agreed before the concerned police to pay back the amount in question within two months.  It is stated that despite undertaking before the police, Ops failed to pay the amount deposited by the complainant within the agreed time. It is stated that, ultimately the complainant got issued the legal notice to the Ops demanding to pay back the amount in deposit with interest and when the ops fail to comply the demand made in the legal notice and finally files this complaint.

 

4)     On issuance of notice to the Op No. 1 to 3, despite service of notice Op No. 2 remained absent and Op No. 3 refused to receive the notice, consequently both Op No. 2 and 3 placed exparte. However notice on Op No 1 not served due to addressee not in station as per postal shara and hence complainant was taken the substitute service by way paper Publication. On perusal of the order sheet along with copy of paper publication, though sufficient time was given for appearance of the Op No.1 through paper publication, but the Op No.1 remained absent, consequently Op No.1 also placed exparte.

5)   In order to prove the case of the complainant, the complainant has filed his affidavit evidence along with supporting documents.

6)     Perused the pleadings of the complainant and the available evidence on record.

7)     On the basis of the available pleadings of the complaint and the evidence placed on record, the following points will do arise for our consideration:-

 

(1)  Whether the complaint proves that deficiency in service on the part of OP No.1 to 3?

 

(2)  Whether the complainant is entitled for the relief as prayed in the complaint?

 

(3)  What Order?

 

        Heard the arguments.

 

 

 

8)     Our answers to the above points are as follows:-

     POINT No. (1) & (2):- Are in the Affirmative

 

             POINT No. (3):-         As per the final order

                                               for the following :-

 

 

                   REASONS

 

POINT No. (1) & (2):  These two points are interlinked to each other and they are taken together for common discussion in order to avoid repetition of facts and for the sake of convenience.

 

9)   In order to prove the case of the complainant and the complainant filed his affidavit evidence and filed supporting documents. On perusal of the affidavit evidence and the documents placed on record, it discloses that complainant   re-treating the facts averred in the complaint. It is the specific allegation of the complainant is that, he had deposited Rs.5,00,000/- with the Ops and the Ops agreed to pay back the amount in deposit with interest at the rate of 10% pa, whereas the Ops failed to pay back the same and which lead to filing of this complaint.

 

10)    Though the ops failed to appear before this commission in order to answer the claim made by the complainant resulting in placing exparte. However though the judgment is not automatic, but the complainant has to prove his case by placing cogent evidence. on perusal of the Annexure-1 a copy of police report dated 27-01-2022   and Annexure-2-  the statement of the Op No. 2 recorded by the police and these documents reveal that, when the Ops failed to pay back the amount in question with interest and the complainant filed the police complaint. Furthermore Annexure-1 and 2 also discloses that, the police issued an endorsement, that the dispute comes under the domain of the Civil suit, however police by summoning the Op No.2 and on enquiry Op No.2 agreed to pay back the amount in question with interest to the complainant within two months as evident from the Annexure 1 and 2. Further on perusal of the legal notice dated 08-03-2022, it also discloses that, when the Ops acted contrary to the undertaking before the jurisdictional police to pay the amount in deposit with interest, that the complainant got issued the legal notice. Further on perusal of the postal acknowledgements placed on record it discloses that, due service of legal notice to the Ops but the Ops did not respond to the said legal notice. Hence the complainant having no other option rightly filed this complainant.

 

11)    It is worth to note that, Ops failed to appear before this Commission also failed to answer the legal notice and failed to pay back amount in question with interest to the complainant despite undertaking before the police and all these demonstrated facts establishes that Ops by having clandestine intention not paid the amount in question with interest to the complainant and the act of the Ops is deplorable one and it is clear deficiency in service on the part of the Ops. Furthermore due to the deplorable act of the Ops and the Ops made the complainant to wander from pillar to post and thereby complainant suffered mental agony.  Under the circumstances we reached to conclusion that complainant is entitled for the relief as sought in the complaint. Accordingly we answered these points in the affirmative.

POINT No. (3):  On the basis of reasons assigned while discussing point No. 1 & 2 and the orders thereon, we proceed to pass the following.

 

ORDER

1.   The complaint is allowed with cost.
2. That the OP No. 1 to 3 are jointly and severally liable to pay Rs.8,09,083/- (Rupees eight Lakhs nine thousand eighty three only) failing which, Ops are directed to pay further interest at the rate of 10% P.a  till realization.
3. Further Op No. 1 to 3 are directed to pay Rs.10,000/-     towards compensation.
4. Op No 1 to 3 are directed to pay a sum of Rs.5,000/- towards the cost of the proceedings.
5. Further Op No. 1 to 3 are directed to comply the orders within 30 days from the date of this order and submit compliance report within 45 days.
6. 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^th DAY OF MARCH 2023)

 

 

 

   LADY MEMBER                   PRESIDENT