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 complainants 1 and 2 are deposited an amount of Rs.80,000/-  with the opposite parties.  The interest accrued thereon was adjusted in the chit of the complainants upto March, 2013.  From April, 2013 the opposite parties failed to pay interest till now. Hence the complaint is filed praying the Forum to direct the opposite parties to pay Rs.80,000/- with interest at the rate of 15% per annum from April, 2013 and to pay compensation of Rs.8,000/-.

2.         Notices were issued to opposite parties, through Forum and by way of paper publication.  But they remained absent.

3.         On behalf of the complainants Sri K.Krishna the 2^nd complainant filed his affidavit and got marked Ex.A.1 to Ex.A.14.

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 complainants in not refunding the deposit amount to them?

            2. If so are the complainants entitled for any relief?

            3. To what relief the complainants are entitled?

POINTS 1 AND 2:-

6.         On perusing the documents on hand the complainants deposited an amount of Rs.80,000/- with the opposite  parties under Ex.A.1 dated 20.5.2010.  On request of the complainants the opposite parties adjusted the interest amount to the chit conducted by the opposite parties upto to March, 2013.  The complainants came to know under Ex.A.2 to Ex.A.5 paper publications that the opposite parties sustained huge loss in their business and close their business.  The complainants got issued a legal notice under Ex.A.6 dated 25.8.2014 demanding the opposite parties to refund the deposited amount of Rs.80,000/- with interest at the rate of 15% per annum.  The said notice was returned unserved under Ex.A.7 and Ex.A.8.  The complainants came to know that one T.Bhargvi and one Senagala Venkateswaramma gave criminal complaints against the opposite parties on 30.06.2014 and 1.7.2014 respectively to the police authorities under Ex.A.13 and Ex.A.14.  The police authorities after enquiring about the matter arrested the opposite parties and submitted remand report to the Hon’ble 2^nd Additional Chief Metropolitan Magistrate. 

7.         On perusal of record discloses that, the notices sent to the opposite parties returned unserved and no response for paper publication by the opposite parties.  The allegations made by complainant against opposite parties remained unchallenged and hence this Forum has no option except to drawn an adverse inference that the opposite parties have no defense and committed deficiency in service.  As such we hold that there is deficiency in service on the part of opposite parties and the opposite parties are liable to pay the deposited amount to the complainants with interest.  The complainants are entitled to receive the said amount with interest. Accordingly these points are answered.

POINT No.3:-

8.         In the result, the complaint is allowed in part and the opposite parties are directed to pay deposited amount of Rs.80,000/- with interest at the rate of 9% per annum from April, 2013 to till realization and to pay Rs.2,000/- towards costs.   Time for compliance one month.  Rest of the claims of the complainants are dismissed.

 Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 18^th day of February, 2015.

PRESIDENT(FAC)                                                                           MEMBER

Appendix of evidence

Witnesses examined

For the complainants:                                                             For the opposite parties:-

P.W.1 K.Krishna                                                           None.   

2^nd Complainant,                                                                       

               (by affidavit)                                                             

                                                        Documents marked

On behalf of the complainants:

Ex.A.1            20.05.2010    Photocopy of receipt issued by the opposite party.

Ex.A.2                .    .              Photocopy of paper clipping.

Ex.A.3                           .    .              Photocopy of paper clipping.

Ex.A.4                .    .              Photocopy of paper clipping.

Ex.A.5                .    .              Photocopy of paper clipping.

Ex.A.6            25.08.2014    Office copy of legal notice.

Ex.A.7                .    .              Photocopy of returned cover.

Ex.A.8                .    .              Photocopy of returned cover.

Ex.A.9                .    .              Photocopy of postal acknowledgement.

Ex.A.10              .    .              Photocopy of postal acknowledgement.

Ex.A.11              .    .              Photocopy of postal acknowledgement.

Ex.A.12              .    .              Photocopy of postal acknowledgement.

Ex.A.13          30.06.2014    Photocopy of FIR along with three remand reports.

Ex.A.14          01.07.2014    Photocopy of FIR along with three remand reports.

On behalf of the opposite parties:

                        Nil.     

                                                                                                                         PRESIDENT(FAC)