O R D E R
(By Sri S. Bhaskararao, Member on behalf of the Bench)
1 The complainant seeks recovery of Rs. 1,90,183/- being the principal and interest of FDRs and also deficiency of service from the opposite party.
2. The allegations in the complaint in brief are that she FDR obtained a fixed deposit Rs.60,000/- on 09.11.2011 for a period of one year. The opposite party paid interest for 10 months and failed to pay the remaining months. She also invested Rs.50,000/- in another FDR on 01.11.2012 for a period from 01.11.2012 to 01.11.2013. The opposite party did not pay any interest for these amounts. She also further invested Rs. 40,000/- on 01.03.2013 for a period of one year and opposite party paid interest for 2 months only and failed to pay for the remaining amount. Hence she also issued a notice demanding the payment of amounts.
3 The opposite party remained exparte.
4. As seen from the allegations in the complaint, the points to be determined are as follows:
1. Whether the complainant is a consumer as defined under C.P. Act?
2. If so, whether there is any deficiency of service on the part of the opposite party?
3. To what relief?
5 Sec. 2 of the Consumer Protection Act defines a consumer means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose etc. The complaint does not fit within the definition of consumer as she has not bought any goods or availed any services. Hence this point answered against the complaint.
6 Point No.2: In view of the finding rendered under point No.1 the complainant is not entitled any amount.
7 In the result, the complaint is dismissed in the circumstances without costs.
Dictation by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 30th day of January, 2015
Sd/- xxxx Sd/- xxxxxx
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant :
Smt. Malireddy Venkata Lakshmi [Complainant]
For opposite party : None
DOCUMENTS MARKED
For complainant:-
Ex.A1 09.11.2011 Fixed Deposit Receipt No.0157 [Original]
Ex.A2 01.03.2013 Fixed Deposit Receipt No.0193 [original]
Ex. A3 01.11.2012 Fixed Deposit Receipt No.0191[original]
Ex.A4 Notice issued by the complainant to the opposite party [original]
Ex.A5 Acknowledgment [original]
For opposite party: NIL
Sd/- xxxx Sd/- xxxxxx
MEMBER PRESIDENT
