Orissa

Rayagada

CC/325/2016

Sri Chikalu malathi - Complainant(s)

Versus

The Branch Manager, Agrigold Farm Estate India Pvt., Ltd., - Opp.Party(s)

Self

01 Jun 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No.325/ 2016.                                            Date.13.7.2017

P R E S E N T .

Sri  Gadadhara  Sahu, B.Sc.                                                         President  I/C.

Smt. Padmalaya  Mishra,  LL.B                                                   Member

Smt. Chikalu Malathi, W/O: Ch. Kumar, At: Recreartion  club, Railway colony,  Po/ Dist. Rayagada, Odisha,                                                               ………Complainant

                                                                                    Vrs.

1.The Branch Manager, Agri Gold Farm Estate India Pvt Ltd, Rayagada

2. The Managing Director,  Agri Gold Farm Estate India  Pvt. Ltd., Agri Gold house, Plot No.6, D- No. 40-6-3, Old Revenue colony, Nimmagadda, Somasekhara Road,  Lobbipet, 520010,  Vijayawada,   (A.P. ).

                                                                                                      ……...Opp.Parties

Counsel for the parties:

For the complainant:- Sri D.R.Prasad, Advocate, Rayagada.

For the O.Ps:- Exparte

                                                            JUDGMENT

                   The case of the complainant is that he had  invested total amount of Rs.10,800/-  on Dt. 07.09.2009  and  maturity amount had a sum of Rs.21.600/- for the said scheme  for the period from 07.09.2009  to 7.9.2015  to get the house plot. The tenure  of the scheme has been completed on 7.9.2015  and till now the OPs have not  paid the maturity amount or provide house plot. The complainant stated that the opposite parties  company has closed their branch office at Rayagada  all of a sudden, the complainant out of her earned savings has deposited the amounts with the opposite parties to get the plot . The complainant made several demands personally to repay the said amounts or  to provide house plot but they  have  failed to do so and thus commit economical offence and deficiency in service. Because of the acts of the opposite parties, the complainant suffered from mental agony and financially hardship. Hence, this complaint to direct the opposite parties  to refund maturity  amount of Rs.21,600/-  and to pay Rs.10,000/-  towards mental agony and litigation expenses. 

                   Being noticed the OP 1 & 2 neither appeared nor filed written version as such the OPs were set exparte. We heard the complainant. For determination  of this case the following point is to be answered.

                   Whether there is any deficiency in service on the part of the opposite parties, if so can the complainant entitle for the reliefs prayed for?

                   From the  documents filed by the complainant it reveals that the complainant had deposited Rs.10,800/-  on Dt. 07.9.2009 and   agreement period was valid  from 07.9.2009 to 7.9.2015  . Thus, it is clear that the complainant had  paid Rs. 10,800/-   to the OPs. After that he made several demands to repay the said deposit amounts, but the opposite parties kept silent. Moreover, there is no denial by the opposite parties  regarding the deposits made by the complainant. As per the document  it is clear that the opposite parties collected so much amount from the public not only from the complainant and the public  and these acts of the opposite parties clearly shows their attitude and deficiency in service, hence, the opposite parties have to refunded  maturity amount of Rs.21,600/-  to the complainant with 9% p.a. interest from the date of respective payments till the date of realisation.

                   The complainant, with a  hope invested  amount with the opposite parties, but because of the acts of the opposite parties, the complainant deprived of to get back his matured amount and  he moved  around the offices of the opposite parties and because of the acts of the opposite parties, he suffered financially and mentally. Hence, to compensate we allow  Rs.5,000/- towards compensation besides costs of Rs.1,500. Accordingly, this point is answered.

                    In the result, the complaint is allowed in part, directing the opposite parties to pay Rs. Rs.21,600/-   with 9% p.a. interest from the date of respective maturity till the date of realisation. The opposite parties are further directed to pay Rs.5,000/-  towards compensation besides costs of Rs.1,500/-. The above order is to be complied within   one month from the date of receipt of this order.

 Pronounced in the open Forum today on this the     13^th.   day       of ,  July,         2017

 

Member                                                                    President I/c