O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
1. The averments of the complaint are in brief:
The complainant deposited Rs.1,70,000/- on 24.4.2010. The interest accrued on the deposit was adjusted towards monthly subscription to the chit of the complainant. On completion of chit in February, 2014 the opposite parties’ company did not pay any interest to the complainant. She came to know through paper publications that the opposite parties closed their business due to heavy loss. Then she got issued a legal notice to the opposite parties and they were returned unserved. Hence the complainant filed this complaint praying the Forum to direct the opposite parties to pay deposit amount of Rs.1,70,000/- with interest at 12% per annum from March, 2014, to pay compensation of Rs.17,000/- and to pay costs.
2. After registering the complaint summons were issued to opposite parties and they were returned unserved. Again summons were given through paper publication and the opposite parties remained absent.
3. On behalf of the complainant she filed her affidavit and got marked Ex.A.1 to Ex.A.16.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are;
1. Whether there is any deficiency in service on the part of the opposite parties
towards the complainant in not refunding the deposit amount with interest to
her?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the documents on hand the complainant deposited Rs.1,70,000/- with the opposite parties under Ex.A.1 dated 24.4.2010. The interest accrued on the said deposit was adjusted towards monthly subscription to the chit of the complainant. On completion of the said chit in February, 2014 the opposite parties did not pay any interest to the complainant. Later the complainant came to know through paper publications Ex.A.4 to Ex.A.7 that the opposite parties closed their business due to heavy loss. Then the complainant got issued a legal notice Ex.A.8 dated 25.8.2014 to the opposite parties demanding the opposite parties to pay deposit amount with interest within seven days from the date of receipt of notices if failing in compliance, she will compel to take appropriate civil and criminal actions against the opposite parties. The said notices returned unserved under Ex.A.9 and Ex.A.10. The copies of postal acknowledgments for the notices sent by the complainant to the Registrar of Chits, Vijayawada, Reserve Bank of India, Hyderabad, Station House officer, Krishna Lanka, Vijayawada and Commissioner of Police, Vijayawada were received under Ex.A.11 to Ex.A.14. The complainant came to know that (1) T.Bhargavi and (2) Senagala Venkateswaramma who suffered by the opposite parties gave criminal complaints to the police authorities, the said police authorities enquired the same, arrested the opposite parties and submitted remand reports to the Hon’ble 2nd Additional Chief Metropolitan Magistrate, Vijayawada under Ex.A.15 and Ex.A.16. The opposite parties failed to pay either interest or the deposit amount with interest from March, 2014 to the complainant. Therefore we hold that there is deficiency in service on the apart of the opposite parties and they are liable to refund the deposit amount with interest to the complainant. The complainant is entitled for the same. Accordingly these points are answered.
POINT NO.3:-
7. In the result, the complaint is allowed in part and the opposite parties are directed to refund the deposit amount of Rs.1,70,000/- with interest at the rate of 9% per annum from 1.3.2014 to till realization and to pay costs of Rs.2,000/- to the complainant. Time for compliance one month. Rest of the claims of the complainant is dismissed.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 23rd day of February, 2015.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainants: For the opposite parties:-
P.W.1 Smt G.Leela, None. Complainant,
(by affidavit)
Documents marked
On behalf of the complainants:
Ex.A.1 24.04.2010 Photocopy of receipt issued by the opposite party.
Ex.A.2 . . Photocopy of pass book.
Ex.A.3 . . Photocopy of pass book.
Ex.A.4 . . Photocopy of paper clipping.
Ex.A.5 . . Photocopy of paper clipping.
Ex.A.6 . . Photocopy of paper clipping.
Ex.A.7 . . Photocopy of paper clipping.
Ex.A.8 25.08.2014 Office copy of legal notice.
Ex.A.9 . . Photocopy of returned cover.
Ex.A.10 . . Photocopy of returned cover.
Ex.A.11 . . Photocopy of postal acknowledgement.
Ex.A.12 . . Photocopy of postal acknowledgement.
Ex.A.13 . . Photocopy of postal acknowledgement.
Ex.A.14 . . Photocopy of postal acknowledgement.
Ex.A.15 30.06.2014 Photocopy of FIR along with three remand reports.
Ex.A.16 01.07.2014 Photocopy of FIR along with three remand reports.
On behalf of the opposite parties:
Nil.
PRESIDENT(FAC)
