Before the District Forum: Kurnool

Present: Sri K.V.H. Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B. Com., LL.B., Member

Thursday the 30^th day of September, 2004

C.D.No.28/2004

Syed Subhan,

Retired Jeep Driver,

S/o Fathe Saheb,

Minor Irrigation Sub-division,

Adoni.                                               . . . Complainants represented by their counsel

                                                                Sri.S.Malik Basha.

-Vs-

1. The Branch Manager,

Represented by its Jibanbikash General Finance and

Investment (India) Limited,

Office at Jayashree Complex,

Opp.variety Theatre,

Kurnool.                                                               . . . Opposite party

1. The Managing Director,

Jibanbikash General Finance and Investment (India) Limited,

     Regd.Office at Madhapatna,

     Cuttack, Orrissa State.                                         . . . Opposite party  

O R D E R

1.       This consumer dispute case of the complainant is filed under section 12 of the C.P. Act, 1986 seeking a direction on the opposite parties to pay to the complainant Rs.18,000/- mature amount payable on Social Welfare Endowment Certificate bearing No.10C/07/005171, dated 23-01-1995 with interest at 24% per annum from the date of the maturity till realization, Rs.3,000/- towards mental agony, Rs.500/- as costs of the case and the other reliefs which the complainant is entitled in the exigencies of the case.

2.       The brief facts of the complaint is that the complainant purchased Jiban Bikash Social Welfare Endowment Certificate on 23-01-1995 joining the scheme commencing from 23-01-1995 to 23-01-2002 paying Rs.204/- at the time of commencement and agreeing to pay Rs.204/- per month till the last date of installment dated 23-01-2002 and paid  the said premium regularly and obtained receipts for payment from dated 23-01-1995 so on the date 23-01-2002, the amount payable was Rs.18,000/-.  After the completion of the scheme no amount was paid to the complainant.  The office of the opposite party No.1 at Kurnool closed.  Hence the case is filed on the opposite parties 1 and 2 for their deficiency of service taking cause of action to 23-01-1995 i.e., date of purchase of the said certificate from opposite party No.1 and to dated 23-01-2002 i.e., the date of the maturity and non-payment of the maturity amount by the opposite parties.

3.       The opposite parties 1 and 2 in spite of publication of their notice in Eenadu Orissa Edition did not turn up to the case proceedings on the schedule day or on subsequent day of hearing to contest the case by filing any defence to the complainants claim and averments.  Hence the opposite party were set exparte..

4.       The complainant encloses to the complaint for reliance 3 documents namely Jibanbikash Social Welfare Endowment Certificate No.10C/07/005171 dated 23/01/1995, final installment receipt No.116872 dated 23-01-1995 and the Renewal years installment receipt.  Even though the documents filed are Xerox copies they being not disputed by any contest the case of the complainant is remaining un-rebutted and they are accepting as a bonafide one and their by the documents are remaining worthy of consideration as admitted documents without requiring any further proof.  As the sworn affidavit of the complainant filed reiterates the complaint averments and the documents stated supra and hence they are marked as Ex.A1 to Ex.A3 respectively.

5.       Hence, the point for consideration is whether the complainant has made out any deficiency of the service on the part of the opposite parties entitling him to the reliefs sought for.

6.       The EX.A1 discloses the purchase of the above stated Endowment Certificate paying Rs.204/- on 23-01-1995 agreeing to pay the amount of installment monthly at the said rate till 23-01-2002 in consideration thereof was issued Ex.A1 and the entitle-ness  of the complainant to receive from the opposite party  Company Rs.18,000/- as its matured value.  The perusal of Ex.A2 is the acceptance letter cum first installment dated 23-01-1995.  Ex.A3 is the Renewal Years Installment receipt indicates the date of maturity is 23-01-1995.

1. The above said material in the absence of any contest by the opposite parties remained not only un-rebutted, but also conclusively established as to the deficiency of service of the opposite parties to the complainant in not paying the due amount owed to him on amount of Ex.A1 to Ex.A3, hence the complainant is remaining entitled with reliefs sought.

8.       Consequently the complaint is allowed directing the opposite parties jointly and severally to pay to the complainant matured amount of Rs.18,000/- with interest at 12% per annum from the date of the maturity till realization along with the amount of Rs.1,000/- towards mental agony suffered and Rs.500/- towards costs.  Time granted of this order in default the opposite parties are liable to pay the supra awarded amount with 18% per annum from there on till realization.

          Dictated to the Stenographer, Typed to the dictation, corrected by us, and pronounced in the Open Court, this the 30^th day of September, 2004.

PRESIDENT

          MEMBER                                                                       MEMBER

APPENDEX OF EVIDENCE

Witnesses Examined

For the complainant :- Nil                                              For the opposite parties :- Nil

List of exhibits marked for the complainant:-

Ex.A1          True copy of Welfare Endowment Certificate No.10C/07/005171 dated 23-01-1995 issued y opposite party No.2.

Ex.A2          True copy of first installment receipt cum acceptance letter No.116872 dated 23-01-1995 issued by opposite party No.1.

Ex.A3          True copy of Renewal Installment receipt No.422183 issued by opposite parties.

List of exhibits marked for the opposite parties:- NIL

                                                          PRESIDENT

MEMBER                                                                                                    MEMBER