BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT MANGALORE

Dated this the 14^th May 2010

COMPLAINT NO.94/2010

(Admitted on 12.03.2010)

PRESENT:    1. Smt. Asha Shetty, B.A. (LAW), L.L.B., President                                                                                                                                                                                                                                                                                                           

                                                 2. Sri. K. Ramachandra, Member

                                                3.   Smt. Lavanya M. Rai, B.A. (LAW), L.L.B., Member

BETWEEN:

Kum  Akshatha,

Minor,

Represented by Father Guardian,

Shankar Gowda,

Aged about 45 years,

R at. Amai House,

Vittal Mundoor,

Bantwal Tq.                                      …….. COMPLAINANT

(Advocate for Complainant: Sri.Sanjay D.)

          VERSUS

The Manager,

Bhagyalaxmi Mahila Vividoddesha

Sahakari Sangha Niyamitha,

Madathadka,

Vittal Mudnoor, P.O.

Bantwal.                                             ….. OPPOSITE PARTY  

(Opposite Party : Exparte)

ORDER DELIVERED BY PRESIDENT SMT. ASHA SHETTY:

1.       The case of the Complainant in brief is as follows:

            The Opposite Party is a financial institution having its Head Office at Madathadka D.K. District carrying on financial business such as deposits schemes, in which Complainant claims to have deposited certain sum of money with the Opposite Party under the Fixed Deposit Receipt, the details of which are given in the schedule here below:

          The Complainant contends that, immediately after the maturity approached the Opposite Party, the Opposite Party sought some time stating that he is in financial difficulty and requested to extend further.  The Complainant on humanitarian grounds waited for some time and approached the Opposite Party to pay the above deposited amount.  The Opposite Party failed to pay the amount till this date hence it is contended that service rendered by the Opposite Party amounts to deficiency in service and hence the Complainant filed the above complaint under Section 12 of the Consumers Protection Act, 1986 (herein after referred to as “The Act”) seeking direction to the Opposite Party to pay a sum of Rs.4,972/- under the Fixed Deposit Receipt along with interest at 13% p.a. from 21.6.2002 till payment and further claimed compensation and cost of the proceedings.

2.       Version notice served to the Opposite Party by R.P.A.D. Despite of serving notice, the Opposite Party neither appeared nor represented the case till this date and hence we have proceeded exparte as against the Opposite Party. The Postal Acknowledgement marked as Court Document No.1.

3.      The points that arise for our consideration in this case are as follows:

1. Whether the Complainant proves that the Opposite Party has committed deficiency in service?

2. If so, whether the complainants are entitled for the reliefs claimed?

3. What order?

4.   In support of the complaint, Sri.Shankar Gowda (CW1) filed his affidavit on behalf of his daughter of the Complainant - Kum. Akshatha and reiterating what has been stated in the complaint and produced Ex C1 to C3 as listed in the annexure.

          We have considered the submission made by the learned counsel and also considered the materials that was placed before the Forum and answered the points are as follows: 

                    Point No.(i) : Affirmative.

                    Point No.(ii) & (iii): As per the final order.

REASONS

5.     POINTS NO.(i) to (iii):

The Fixed Deposit Certificate i.e. Ex.C1 issued by the Opposite Party reveals that, the Complainant deposited Rs.4,972/- on 21.6.2002 and the maturity date shown as 21.6.2007.  The Opposite Party agreed to pay the rate of interest at 13% per annum and the same has been mentioned in the Fixed Deposit Receipt.  The Ex.C3 i.e. letter written by the Opposite Party to the Complainant reveal that the Opposite Party has undertaken to pay the amount on 30.4.2009.  But the same has been not complied by the Opposite Party.  However the above documents clearly reveals that, the Opposite Party inspite of undertaking to pay the fixed Deposit amount not paid the same till this date amounts to deficiency.

We further noticed that, the Opposite Party inspite of receiving version notice not appeared nor contested the case.  The affidavit of evidence filed by the Complainant is not controverted/contradicted by the Opposite Party, the same has to be acted upon.  Where the party to the Complaint does not appear and contest the case, a presumption would arise that the case setup by the Complainant is correct.  In the given case, the Complainant proved that the Opposite Party inspite of taking the amount not refunded the Fixed Deposit along with interest as agreed by them till this date amounts to deficiency as state above.  Therefore, the Opposite Party i.e., Bhagyalaxmi Mahila Vividoddesha Sahakari Sangha Niyamitha, represented by the Manager is hereby directed to pay Rs.4,972/- (Rupees Four Thousand Nine hundred Seventy two only)  along with interest thereon at 13% per annum (contractual rate) from 21.6.2002 i.e. date of deposit till the date of payment and also pay Rs.3,000/- (Rupees Three thousand only) as compensation for the harassment and inconvenience caused to the Complainant. Rs.1,000/- awarded as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.  

6.       In the result, we pass the following:

ORDER

The complaint is allowed.  The Opposite Party i.e., Bhagyalaxmi Mahila Vividoddesha Sahakari Sangha Niyamitha, represented by the Manager is hereby directed to pay Rs.4,972/- (Rupees Four Thousand Nine hundred Seventy two only)  along with interest thereon at 13% per annum (contractual rate) from 21.6.2002 i.e. date of deposit  till the date of payment and also pay Rs.3,000/- (Rupees Three thousand only) as compensation. Rs.1,000/- awarded as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.  

 On failure to pay the aforementioned amount within the stipulated period as mentioned above the Opposite Parties are liable to pay interest at 12% per annum on the entire amount from the date of failure till the date of payment.

        The F.D.R., if any, deposited by the Complainant be returned fourth with by substituting the certified.

The copy of this order as per the statutory requirements be forwarded to the parties free of charge and therefore the file be consigned to record.

(Page No.1 to 6 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 14^th day of May 2010.)

               PRESIDENT

     (SMT. ASHA SHETTY)

               MEMBER                                            MEMBER

(SRI. K.RAMACHANDRA)                  (SMT. LAVANYA M.RAI)     

                                 ANNEXURE

WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT:

CW1 – Kum. Vikshitha  – Complainant.

DOCUMENTS PRODUCED ON BEHALF OF THE COMPLAINANT:

Ex C1:21.6.2002: Original of the Fixed Deposit Receipt No.58.

Ex C2:12.8.2008: Original Endorsement issued by S.C.D.C.C. Bank Vittal.

Ex C3: 28.8.2008: Original Letter issued by Opposite Party.

WITNESSES EXAMINED ON BEHALF OF THE OPPOSITE PARTY:

-Nil-

DOCUMENTS PRODUCED ON BEHALF OF THE OPPOSITE PARTY:

-Nil-

 Dated:14/05/2010                                          PRESIDENT