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
Friday the 29th day of April , 2005
C.D.No. 37/2005
Karanti Obul Reddy,
S/o. K.Rami Reddy,
Assistant Director,
Ground Water Department,
S.R.B.C.,R/o. H. No. 29-178 H-10,
State Bank Colony,Nandyal. . . . Complainant represented by his counsel
Sri B. Nagalakshmi Reddy.
-Vs-
1. The Director,
Medinova Diagnostic Service ltd,
6-3-652, Kautilaya, 3rd floor, Somajiguda, Hyderabad. . . Opposite party
2. The Managing Director,
Medinova Service Limited, M.S.R Hospital, Sanjeev Nagar Gate, Nandyal. . . . Opposite party
O R D E R
(As per R. Ramachandra Reddy, Member)
1. This consumer dispute case of the complainant is filed under Section 12 of the C.P. Act, seeking a direction on the opposite parties to pay him Rs. 7,850/- with interest at the rate of 18% per annum from the date of the maturity till realization, Rs. 10,000/- as compensation and Rs. 2,000/- as costs of this case.
2. The brief facts of the complainant’s case are that the complainant has deposited under “Medinova Gold Card Scheme” floated by the opposite party No.1 with an amount of Rs. 5,000/- from 2.12.1999 to 1.12.2002 with the opposite party No.1 through the opposite party No.2 for a refundable matured amount of Rs. 7,850/- vide membership deposit receipt No. 00093/XIII. The complainant sent the original membership deposit receipt to opposite party No.1 for realization of maturity amount and the same was acknowledged by him on 21.3.2003. But the opposite party No.1 even after the expirty of nearly 4 months period i.e 21.3.2003 did not pay the amount payable by him. The complainant is entitled for further interest from the date of expiry i.e 01.12.2002. The above said lapsive conduct of the opposite parties constrained the complainant to resort to the Forum for redressal of the claim of maturity amount of Rs. 7,850/-, Rs.10,000/- towards compensation and Rs. 2,000/- as costs of this complaint.
3. In pursuance of the receipt of this notice of this Forum as to this case of the complainant the opposite parties neither appeared before this Forum nor contested the case of the complainant filing any written version with any defence and thereby remained exparte.
4. While such is so with the opposite parties the complainant in substantiation of its case relied upon the documentary record in Ex A.1, besides to his sworn affidavit in reiteration of the complaint averments.
5. Hence, the point for consideration is whether the complainant has made out the case of deficiency on the part of the opposite parties towards him entitling him for the relief’s sought:-
6. The Ex A.1 is the acknowledgement letter of opposite party No.1 in receipt of the original Membership Deposit Receipt No. 00093/XIII, dt 01.12.2002. The facts so envisages in Ex A.1 and the complaint averments and the complainant’s sworn affidavit averments in re-iteration of its case are neither denied nor rebutted by the opposite parties and hence there appears every bonafidies in the claim of the complainant.
7. When a Company or Firm invites deposits on a promise of attractive rates of interest or attractive sums, it is a service and the depositor is a Consumer as per the decision of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Neela Vasantha Raji Vs Amog Industries reported in 1993 (3) C.P.R Page, 345.
8. When the amount under the deposit with accrued benefit not released to the Depositor by the financial institution, the said conduct of not honouring the said commitment, amounts to deficiency and the Financial Institution is liable to refund the accrued amount with 12%interest as per the decision of Hon’ble Maharastra State Consumer Disputes Redressal Commission, Mumbai in Sanchyani Savings and Investments (India) Limited –Vs- Vastla Baba Saheb Gai Quard reported in I (2003) C.P.J Page 260.
9. In the present case also the opposite party’s firm inviting the public deposits on a promise of the payment of matured amount on a tenure of 3 years from the date of deposit did not keep up the said commitment to the complainant by avoiding the payment of the matured amount. Thus the said lapsive conduct of the opposite party is amounting to deficiency of service to the complainant/consumer depositor and thereby the grievances of the complainant are covered under the supra stated decisions holding the liability of the opposite party for refund of the accrued matured amount with interest at 12% per annum from the date of the maturity and compensation of Rs. 1,000/- for suffered mental agony at the deficient conduct of opposite parties and costs of Rs.1,000/- as the complainant was driven by the opposite parties to the Forum for redressal.
10. Therefore, in the result the complaint is allowed directing the opposite parties to pay the matured amount of Rs. 7,850/- with interest at 12% per annum from the date of maturity till realization, Rs. 1,000/- towards compensation for suffered mental agony at the deficient conduct of opposite parties and Rs. 1,000/- towards costs within a month of the receipt of this order.
Dictated to the Stenographer, Typed to the Dictation, corrected by us, pronounced in the Open Court this the 29th day of April, 2005
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant For the opposite parties
-Nil- -Nil-
List of Exhibits Marked
For the complainant For the opposite parties
Ex A.1 Acknowledgement dt 21.3.03 - Nil-
Of opposite party No.1 for receipt of
MDR No. 00093 matured on 1.12.2002 for
Rs. 7,850/-.
PRESIDENT
MEMBER MEMBER
