Date of Complaint : 06/11/2015

                                  Date of Disposal: 28/03/2016

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

 JUDGEMENT BY SRI.V.A. PATIL, PRESIDENT

O R D E R

1. This complaint is filed by the complainant under section 12 of Consumer Protection Act 1986 against the opponent for deficiency of service and prays for directing the opponent to pay Rs.1,25,000/-invested on the plots along with 18% of interest per annum, from the date of payment till realization.

    

2. The brief facts of the complaint are, the complainant had invested a sum of Rs.25,000/- with the opponent on 04/01/2006 and Rs.1,00,000/- with the opponent on 16/01/2006.The complainant asked for the refund of the deposited amount or to execute the registered sale deeds.Inspite of many oral requests the opponent neither paid the amount nor executed the registered sale deeds.Hence, the complainant approached this Forum seeking for the remedy.

    

3. After admission of the complaint, the notice was issued to the opponent by RPAD.But notice was returned back with postal endorsement “NOT CLAIMED RETURNED TO SENDER”.Hence, the opponent has been placed exparte on 31/12/2015 and posted the case for filing the affidavit of the complainant.There upon the complainant has filed his affidavit in lieu of oral evidence and has relied upon documents in support of his case.The arguments of the complainant was heard and then posted the case for orders.

    

4. In view of the facts and circumstances of the case and hearing the arguments submitted by the complainant the following points that would arise for our consideration are as follows;

    

5. Whether the complainant proves deficiency of service against the opponent and the complainant is entitled for the reliefs sought for in the complaint?

    

6. To what order the party is entitled ?

    

7. Our findings on the aforesaid points are as follows;

           Point No.1:- Partly in the affirmative

           Point No.2:- As per order.

    

   R E A S O N S

8. Point No.1 :- The complainant in his complaint and, affidavit has stated that the complainant had purchased Guru Agri Farm Certificate for Rs.25,000/- bearing receipt No.5815, dated 04/01/2006 and another certificate for Rs.1,00,000/- bearing receipt No.5838, dated 16/01/2006  from the opponent. The complainant states that the opponent had neither executed the registered sale deeds nor repaid the amount and the assured interest on the said amount, which shows deficiency in service on the part of opponent.

    

9. The complainant has produced the copy of the Allotment Letter bearing receipt No.5815, dated 04/01/2006 for Rs.25,000/-and another Allotment letter bearing receipt No.5838, dated 16/01/2006 which clearly shows that the opponent had received a totalsum of Rs.1,25,000/- from the complainant.The documentary evidence placed on record fully supports the case of the complainant that he had invested a sum of Rs.1,25,000/- in the opponent company.The notice issued to the opponent was returned as not claimed. Hence the opponent placed exparte.The evidence adduced by the complainant remained unchallenged.There is nothing on record to disbelieve the evidence of the complainant which is supported by documents.

    

10. In view of the afore said reasons, we are of the opinion, that the complainant has established his case as made out in the complaint by placing sufficient materials on record.The complainant is entitled for the amount of Rs.1,25,000/- along with 9% interest from the date of joining of schemetill the date of realization and also Rs.5,000/- towards mental agony and Rs.2,000/-towards the cost of this proceedings from the opponent.Accordingly we answer point no.1 partly in the affirmative.

     

11. Point No.2:- In view of our findings, we proceed to pass the following;

     

    O R D E R

          The complaint filed under section 12 of the Consumer Protection Act by Sri. Kudukuli.U. Balakrishna against the Managing Director, Guru Agri Farm Pvt.Ltd., is hereby partly allowed. 

12. The opponent is directed to pay the sum of Rs.25,000/- (twenty five thousand only) andRs.1,00,000/- (one lakh only) to the complainant along with interest at the rate of 9% from the respective dates ofinvestmenttill the date of full realization.

13. The opponent is also liable to pay a sum of Rs.5,000/- (five thousand only) towards mental agony and a sum of Rs.2,000/-(two thousand only) towards the cost of this proceedings to the complainant within one month from the date of this order, failing which the complainant is at liberty to recover the said total amount of Rs.7,000/- (seven thousand only) with interest at the rate of 10% per annum from the date of this order till realization of the entire amount.

14. If this order is violated the complainant is also at liberty to file complaint against the opponent for the offences punishable under section 27 of Consumer Protection Act, which is punishable with imprisonment as well as fine.

15. Issue certified copies of this order at free of cost to both the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 28^th  day of March 2016)

        (LATHA.M.S.)           (V.A. PATIL)            (K.D. PARVATHY)      

           MEMBER               PRESIDENT                 MEMBER       

ANNEXURE

        (LATHA.M.S.)           (V.A. PATIL)            (K.D. PARVATHY)      

           MEMBER               PRESIDENT                 MEMBER