Karnataka

Kolar

CC/47/2016

Ms.Sai Sushma B.A - Complainant(s)

Versus

The Chairman, M/s. Agri Gold Farms Limited Registered and Admi Office - Opp.Party(s)

Sri.B.Kumar

17 Jan 2017

ORDER

Date of Filing: 03/08/2016

Date of Order: 17/01/2017

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

 

Dated: 17^th DAY OF JANUARY 2017

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

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

CONSUMER COMPLAINT NO :: 47 OF 2016

Ms. Sai Sushma B.A.,

D/o.B.S.Amaranath,

Major,

Resident of Saisrinilaya,

IInd Cross, Palasandra Layout,

Kolar District.

(Rep. by its B.Kumar, Advocate)                                       ….  Complainant.

- V/s -

1) The Chairman,

M/s. Agri Gold Farms Limited,

Registered and Admi Office,

40-1-21/21, 4^th Floor,

Catholic Complex, M.G.Road,

Vijayawada-520 010. (A.P.)

 

2) The Manager,

M/s.Agri Gold Farms Limited,

Branch Office, M.B. Road,

Kolar-563 101.

(Exparte)                                                    …. Opposite Parties.

-: ORDER:-

 

BY SMT. A.C. LALITHA, LADY MEMBER

01.   The complainant having submitted this complaint Under Section 12 of the Consumer Protection Act, 1986 has sought, relief of issuance of directions to the Ops to make payment of Rs.1,90,000/- together with 12% interest per annum from the date of complaint till realization and a sum of Rs.25,000/- on account of loss due to deficiency in service and Rs.25,000/- towards damages and also sought for costs.

 

02.   The facts in brief:-

(a)    The contention of the complainant is that, being an account holder of OP, she kept a sum of Rs.10,000/- as deposit on 17.06.2001 under agreement No.198241 with an account No.LS/187263 for a period of deposit is 15 years and the date of maturity is 17.06.2016 and Rs.1,90,000/- to be payable by OP on maturity date as per the agreement.

 

(b)    It is further submits that, the manager Agri Gold Farms Limited at Kolar branch has issued a receipt bearing No.25954 on 17.06.2001.  After the maturity date of bond, when she approached, the Kolar branch was closed.  She got issued notice by registered post, same was returned to her with due acknowledgment.

 

(c)    Thus Ops rendered deficiency in service.  So contending, the complainant has come up with this complaint seeking the above set-out reliefs.

 

(d)    The complainant has submitted below mentioned documents:-

(i) Copy of postal acknowledgement

(ii) Notice dated: 28.06.2016

(iii) Agreement-cum-Bond bearing No.198241issued by OPS

(iv) Copy of the Acknowledgement

(v) Copy of the acknowledgment bearing No.25954

(iv) Copy of the RPAD

 

03.   On case being registered the notices came to be issued to the Ops through RPAD and also in paper publication, as per the proceedings noted in the order-sheet both Ops placed ex-parte.

 

04.   The learned counsel appearing for the complainant has submitted affidavit evidence of complainant and heard arguments.

 

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

(A) Whether the Ops are guilty of deficiency in service?

(B) If so, to what relief the complainant is entitled to?

(C) What order?

06.   Findings of this District Forum on the above stated points are:-

POINT (A) & (B):- In the Affirmative

POINT (C):-  As per the final order

for the following:-

 

REASONS

POINT (A) & (B):-

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.

 

(a)    Before entering into discussion with regard to the merits of the case, we deem it essential to stat at this juncture, the OP remained uncontested, the averments made in the complaint together with said documents and affidavit evidence of the complainant since remained un-opposed, so, we have no hesitation to hold that, the averments made in the complaint stood proved.

 

(b)    It is a fact that, the complainant is an account holder of Ops and kept a sum of Rs.10,000/- at OP-2 branch of OP-1 and maturity date of this bond is 17.06.2016 for amount of Rs.1,90,000/- (reliance on agreement No.198241 issued by OP-1).

 

(c)    Ops are not replied to the notice of this complainant and the same is for the notice issued by this Forum also.  This act of Ops clears that, the deficient in their service. Hence we are of the definite opinion that, complainant is held entitled to receive a sum of Rs.1,90,000/- towards matured amount of bond No. by Ops together along with interest and compensation as per the following order.

 

POINT (C):

08.   We proceed to pass the following:-

ORDER

01.   For foregoing reasons the complaint stands allowed with costs of Rs.2,000/- against Ops as hereunder:-

 

(a)    The complainant is held entitled to recover a sum of Rs.1,90,000/- as maturity amount towards agreement bond bearing No.198241 and compensation of Rs.10,000/- together with interest at the rate of 6% per annum from the date of filing of this complaint till realization for to be recovered from Ops jointly and severally.

 

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

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 17^th DAY OF JANUARY 2017)

 

 

 

LADY MEMBER                                                     PRESIDENT