O R D E R
(By Sri S. Bhaskararao, 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 refund an amount of 3,27,600/- towards principle and interest Rs.25,000/- towards and other expenses Rs.10,000/- in proper Rs.3,62,800/- and cost of Rs.10,000/-.
2. The brief facts of the complaint is as follows:- The complainant deposited with opposite party Rs.3,02,400/- on 10-6-2011, the opposite party agreed to pay Rs.25,200/- p.a. towards interest on every one year the maturity dt. 9.7.2013, the opposite party did not pay any amount the complaint visited the office of the opposite party several times, but they did not pay an amount they are postponing the payment and every day visit interest to the complainant. The complainant issued notice to the opposite party through the Chairman, East Godavari District Consumer Protection Samith demanding to pay the complainant Rs.3,62,800/- and cost of Rs.10,000/-. The opposite party received the notice and kept silent. Hence, this complaint.
3. Notice of opposite party retuned unserved with postal endorsement “Intimation served”. Then the Hon’ble Forum set exparte the opposite party on publication in Telugu Vijaya Bhanu Daily News Paper, Visakhapatnam on 22-12-2014. The complainant filed his proof affidavit along with his documents Ex.A1 and A2. E.A1 is fixed deposit “Own your land receipt for Rs.1,09,200-x3= 3,27,600 dt.10.6.2012. Ex.A2 is registered notice issued by the chairman, East Godavari District Consumer Protection Samith dt.10.6.2014.
4. In order to prove the case of the complainant, his affidavit has been filed and Exs. A1 and A2 have been got marked.
5. Heard the complainant.
6. The points which arise for consideration are:-
- Whether the complainant is a consumer as defined under C.P.Act?
The complainant will come under the definition of C.P. Act.
- If so, whether there was any deficiency of service on the part of the opposite party
- The opposite party called absent and set exparte, even after published in Daily in News paper Vijaya Bhanu in Visakhapatnam, the complainant did not choose to appear before on 15.12.2014 before this Hon’ble Forum, it shows the negligence of the opposite party and deficiency in service.
- If so, whether the complainant is entitled for the amount claimed by him in the complaint?
a) As the opposite party failed to repay the deposit amount along with interest it seems to be deficiency of service on the part of opposite party, hence the complaint is entitled to the directions as prayed in the complaint.
6. What relief?
The complaint is entitled to receive an amount of Rs.3,62,800/- towards principle and interest and cost of the complaint Rs.2,000/- and
further the opposite party has to pay publication charges of Rs.2,000/- spend by the complainant.
7. In the result, the opposite party is directed to pay the complainant an amount of Rs.3,62,800/- and Rs.2,000/- as cost of the complaint and further to pay Rs.2,000/- as publication charges. The opposite party is directed to pay Rs. 3,66,800/- within one month from the date of this order or otherwise the opposite party is directed to pay interest @ 9% on Rs.3,66,800/- from the date of this order till the date of realization.
Typed by the steno, corrected and pronounced by us, in open Forum, this the 12th day of January, 2015.
Sd/- xxxx Sd/- xxxxxxx
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant : None For opposite party : None
DOCUMENTS MARKED
For complainant:-
Ex.A Dt. 10-06-2011: Fixed deposit “Own your land receipt for Rs.1,09,200X3=3,27,600/- issued by the opposite party.
Ex.A2 10.06.2014 Notice issued to opposite party on behalf of the complainant.
For opposite party:- Nil
Sd/- xxxx Sd/- xxxxxxx
MEMBER PRESIDENT
