Karnataka

Belgaum

CC/37/2017

Shri.Sunil S/o Maruti Patil - Complainant(s)

Versus

The Chairman,Shri. Sudhir Moravekar - Opp.Party(s)

M.P.Appugol

19 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

Dated this 19^th day of April 2017

Complaint No. 37/2017

 

Present:              1)      Shri.B.V.Gudli,                       President  

2)      Smt. Sunita,                           Member

-***-

Complainant/s:          Sri.Sunil S/o.Maruti Patil,

Age: 49 years, Occ: Business,

R/o.#25/A, Indumati Building,

Vidya Nagar, 2^nd Cross,

Angol,  Belagavi.

 

(By Sri.M.P.Appugol, Advocate)

 

V/s.

                                                                     

Opponent/s:      1.      The Chairman,

Sri.Sudhir Moravekar,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

2.      The Managing Director,

Sou.Vidya Moravekar,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

3.      The Director,

Sri.Arun Tari,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

4.      The Director,

Sri.Siddarth Moravekar,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

 5.     The Director,

Sri.Dhyanraj Moravekar,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

 

6.      The Director,

Sri.Mehul Parekh,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

 

7.      The Director,

Sou.Hemlata Savant,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

8.      The Director,

Sri.Obizar Faizullbhai,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

9.      The Director,

Sri.Rajendra Gavade,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

10.    The Secretary,

Sri.Sanjay Arora,

Pancard Clubs Ltd.,

Regd. & Corporate Office:111-113, Kaliandas Udyog Bhavan,

Near Century Bazar, Prabhadevi,

Mumbai 400 025.

 

11.    The Manager,

Pancard Clubs Ltd.,

II Floor, City Arcade,

Ramlingkhind Galli,

Belagavi-590 002.

 

(OPs-1 to 11 are exparte)

 

 (Order dictated by Smt.Sunita, Member)

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging deficiency in service in not refunding matured by the OPs.

          2) Inspite of issuance of notice from the forum the O.Ps.1 to 11 remained absent, hence placed exparte.  

           3) In support of the claim of the complaint, the complainant has filed his affidavit and produced some documents.  

4) We have also heard on complainant side and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of O.Ps & entitled to the reliefs sought?

          6) Our finding on the point is in partly affirmative for the following reasons.

:: R E A S O N S ::

            7)       On perusal of allegations of the complaint and affidavit of complainant, the complainant has deposited an amount of Rs.14400/- on 26.11.2012 in OP Company at Belagavi under the scheme Relax Holiday 16 room nights for a period of 3 years 3 months & the OP Company at Belagavi has passed Receipt no.BEL 078496 & Folio No.1053-01-28799. Accordingly the OPs have issued original certificate(Bond) to complainant. The complainant further submits that, the said scheme is matured on 26.02.2016 with maturity amount Rs.20160/-. Thereafter the complainant submitted Xerox copy of bank passbook & original certificate(Bond) to OP at Belagavi on 26.02.2016 & for that the OP issued acknowledgment to complainant & assured the complainant that they will pay the same at the earliest. But inspite of several requests and approaches the OPs have not paid the same. Hence the complainant got issued a legal notice to OPs on 26.12.2016. Inspite of service of the said legal notice, the OPs neither replied nor paid the maturity amount to the complainant. Hence the complainant is constrained to file this complaint against OPs. 

8)      To prove the case of the complainant, the complainant has produced original Receipt no.BEL 078496 & Folio No.1053-01-28799 dt.26.11.2012 issued by OP Branch at Belagavi & acknowledgment dt.26.02.2016. The complainant also produced legal notice copy & RPAD acknowledgments.

9) Inspite of issuance of notice from the forum the OPs. 1 to 11 did not appeared before the forum and contested the matter. Hence OPs are placed exparte. Therefore the averments of the complaint and affidavit are remained unchallenged. Hence the contention of the complainant that the OPs have not refunded the matured amount under Receipt no.BEL 078496 & Folio No.1053-01-28799 to the complainant, has to be believed and acceptable.

          10) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.Ps has been proved.

          11)    Accordingly the following

ORDER

          The complaint filed by the complainant is partly allowed.

The OPs.1 to 11 as shown in the cause title are jointly & severally hereby directed to pay Rs.20,160/- to the complainant towards matured amount of Receipt no.BEL 078496 & Folio No.1053-01-28799, with interest @9% P.A. from 26.02.2016 till realization.

Further the OPs.1 to 11 as shown in the cause title jointly & severally are hereby directed to pay Rs.2,000/- to the complainant towards compensation and Rs.1,000/- towards cost of the proceedings.

The award shall be complied within 30 days from today.

(Order dictated, corrected and then pronounced in the open Forum on: 19^th day of April 2017)

 

 

 

MSR