O R D E R
(By Smt. H.V.Ramana, Member on behalf of the Bench)
This complaint under Section 12 of the Consumer Protection Act, 1986 was filed by the complainant against the opposite party to return amount of Rs. 29,500/- with 18% interest from 16.09.1994 till the date of realization and costs of the complaint and such other reliefs.
2. The brief facts of the complaint are as follows:- The complainant submitted that as per the advertisements of the opposite party and its branch offices and by way of personal interdiction of the scheme by the opposite party for investment of amount in the scheme by name Tea Plantation Scheme. The complainant paid Rs.1475/- per one Tea tree for the cost of plantation upkeep and maintenance over a period of 20 years. After payment of entire scheme amount the opposite party has to issue land owners Teakquity certificate to the members and also stated to register 1/8th land with plantation in the name of the member who paid the entire scheme amount for 20 trees within 180 days from the date of full payment. The opposite party approached the complainant on 16.9.1994 to join in the scheme and the complainant joined in the scheme by paying Rs.29,500/- towards full satisfaction and became member of the scheme for 20 trees. The opposite party issued land owners teakquity certificate on 22.2.1996 and as per the scheme the opposite party has to register 1/8th acre of land with plantation at kuppam within 180 days from the date of issue above the certificate in favour of the complainant. But till today the opposite party did not register the land in his favour and did not show any plantation. The complainant approached the opposite party several times and he did not give any proper reply. The complainant came to know that the agreement itself fake agreement and without having the land and plantation he collected the money from the public. Hence this amounts deficiency on the part of opposite party. The complainant got issued any legal notice on 15.12.2012 to the opposite party demanding him to return the amount paid by him with interest at 18% p.a. Hence the complaint.
3. The opposite party failed to appear before this forum and set exparte.
4. In order to prove the case of the complainant, his affidavit has been filed and Exs. A1 to A3 have been got marked.
5. Heard the complainant.
6. The points for determination are:-
1) Whether there was any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled for refund of money as prayed for?
7 Point No.1: The complainant joined in the scheme of opposite party in paid Rs.29,500/- for tea plantation and also for registration of 1/8th acre of land by the opposite party. The opposite party issued land owners Teakquity certificate vide Ex.A1. The duration of the scheme is for a period of 20 years. When the complainant approached the opposite party for registration of 1/8th acre of land with tea plantation, the opposite party gave evasive replies and failed to register the land in the name of complainant. The complainant made several representations to the opposite party and also gave legal notice under original of Ex.A2. The opposite party acknowledged the same and kept quite without fulfilling his side of promise. Ex.A1 would indicate the complainant becoming member of the scheme and Ex.A2 shows though demanded opposite party failed to return the amount. Ex.A1 & A2 go unchallenged. This amounts deficiency in serve on part of the opposite party. Therefore, we opine that opposite party liable to refund the amount deposited by the complainant with interest.
8. Point No.2: In the result, the complaint of the complainant is allowed in part and directing the opposite party to refund the amount deposited by the complainant, i.e., Rs.29,500/-with interest @ 9% from the date of deposit (16.9.1994) till realization and pay Rs.1000/- towards costs. The opposite party is directed to pay this amount within 2 months from the date of this order.
Dictated to the typed, transcribed by her, corrected and pronounced by us, in open Forum, this the 11th day of November, 2014
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MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant : None For opposite party : None
DOCUMENTS MARKED
For complainant:-
Ex.A1 22.02.1996 Land owner’s Teakquity certificate issued by the opposite party.
Ex.A2 15.10.2012 Office copy of the legal notice got issued to the opposite party by the complainant.
Ex.A3 31.10.2012 Acknowledgment received from the opposite party
For opposite party:- Nil
Sd/- xxxx Sd/- xxxx Sd/- xxxxxx
MEMBER MEMBER PRESIDENT
