BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO. 96/2017

DATE OF FILING: 14/09/2017
 

ORDER DATED: 13^th day of August, 2018

   P r e  s e n t: 

01) Smt. Sharada. K.                                                  President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                            Lady Member…

                            B.A (Music)

                                                          V/s     

JUDGEMENT DELIVERED BY SMT.SHARADA.K.PRESIDENT

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) for seeking direction to OPs to pay the amount of Rs.50,000/- with interest and Rs.25,000/- towards as damages to the complainant and Rs.5,000/- towards cost of the complaint.

2.    The brief fact of the case are as follows:

The complainant has joined the opponents constructions scheme and as per the constructions scheme. Opponents collection clerk had contacted the complainant and had informed that to invest the amount of Rs.25,000/- at stretch and after 6 years the face value will be 50,000/- that amount already and after completion of duration the scheme the member will be allotted a plot in the vicinity of Bagalkot. Complainant further stated that accordingly informed to join to the plot scheme and made the complainant as a member to the said plots scheme by personally went to the Bagalkot Branch/O.Ps. and paid Rs.25,000/- on 21/05/2011 and has been allotted the customer ID No.LC/2031553 and reference No.MAY11/48862/1088 respectively and the deposited amount has attained maturity on 21/05/2017.  Complainant has approached the O.Ps. for comply with as per the said scheme. O.Ps. authority has informed the complainant that very shortly the plot will be allotted and that will be intimated accordingly. It is regret to inform that the O.Ps. till today neither have allotted the plot nor given back the amount collected from the complainant with accrued interest. Inspite of all requests made by the complainant the opponents have not settled the claim and turned deaf ears towards the complainant and this raised the mental agony of the complainant for which the Hon’ble Forum be pleased to direct the O.Ps. to pay Rs.25,000/- to the complainant this is for delay and complainant issued legal notice on 10/07/2017 and O.Ps. have refused accept the register letter.  But till today the Ops not replied to the said notice, nor refund any amount to complainant. Therefore, he has no other option except to file the Complaint.

3.      Inspite of service of notice O.Ps. remained absent. Hence placed ex-parte.

4.      Complainant tendered affidavit evidence and placed following documents which are marked as EX C-1 to C-5.

1) True copy of Agri Gold Insurance policy,

2) Postal Receipt,

3) Legal Notice,

4) Registered post A.D. Envelop returned cover,

5) Postal Acknowledgement,

          5.     After considering the materials placed on records, the following points that would arise for our considerations.

1. Whether the complainant has proved his claim as alleged by the complainant?

2. Whether the complainant is entitled to get any compensation?

3. What order?

          6. After considering the arguments advanced by the learned counsel for the complainant and the material evidence placed on record, our findings for the above points are as follows;

1. Affirmative,
2. Partly in affirmative,
3. As per final order;

-: R E A S O N S :-

          7. POINT NO.1 and 2:- As there two points are inter-connected with each. To substantiate these points, complainant tender affidavit. He has placed Customer ID No. LC/2031553 and reference No.MAY11/48862/1088, Agri Gold Insurance Policy Bond shows that complainant has joined the opponents construction scheme and as per the construction scheme, O.Ps. clerk had contacted the complainant and had informed that to invest the amount of Rs.25,000/- at stretch and after 6 years the face value will be Rs.50,000/- and date of maturity is 21/05/2017.  After completion of duration the scheme the member will be allotted a plot in the vicinity of Bagalkot. O.Ps. till today neither have allotted the plot nor given back the amount collected from the complainant with accrued interest. It is crystal clear that amount which has referred above is with Ops. So having considered all these factors that the evidence placed by the complainant has to be accepted for the reason that Ops has not challenged it. The facts referred to in the above paragraph are pleaded in the complaint and stated by the complainant in affidavit and supporting documents. The O.Ps. inspite of service of the notice has not appeared before the forum and not denied or disputed the claim of the complainant. Considering the material on record including the document, absolutely we have no reasons to disbelieve the statement of the complainant made on oath in the affidavit. So also, we have no reasons to doubt the claim of the complainant. Having considered this particulars, Ops shall have to pay amount Rs.50,000/- and to pay the interest @ 9% p.a. from the date of 21.05.2017 till to the realization. The complainant is also entitled to get an amount of Rs.5,000/- towards mental agony and Rs.2,000/- towards cost of the Complaint. Therefore, we answer Point No.1 in affirmative and Point No.2 in partly affirmative.

8.  POINT NO.3:  In view of finding to Point No.1 and 2, we proceed to pass the following:

:: ORDER ::

1. Complainant’s complaint is allowed in part as follows;

2. The OPs have to pay the amount of Rs.50,000/- (Rupees fifty thousand) with interest @ 9% p.a. from the date of 21/05/2017 till to the realization.

3. The OPs shall have to pay an amount of Rs.5,000/- (Rupees five thousand) towards mental agony and Rs.2,000/- (Rupees two thousand) towards the cost of proceeding.

4. The OPs are directed to comply this order within a period of two months from the date of receipt of this order, failing which Rs.50,000/- carries interest @ 12% p.a. from the date of order, till payment is made.
5. Send a copy of this Order to both parties free of cost.  

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 13^th day of August, 2018).