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 jointly deposited two deposits for Rs.1,00,000/- each on 1.7.2009. Subsequently the 2nd complainant joined as subscriber in chit conducted by the 2nd opposite party. The interest accrued on the deposits was adjusted towards monthly subscription to the chit of the 2nd complainant. On completion of chit in June, 2014 the opposite parties’ company was closed due to heavy loses. The complainants got issued legal notices to the opposite parties but they returned unserved. Hence the complainants filed this complaint praying the Forum to direct the opposite parties to pay deposit amount of Rs.2,00,000/- damages of Rs.20,000/- with interest at 12% per annum and to pay costs.
2. After registering the complaint summons were issued to opposite parties and the same were returned unserved. Again summons were given through paper publication but the opposite parties remained absent.
3. On behalf of the complainants the 1st complainant filed his 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 complainants in not refunding the deposit amount with interest 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 jointly deposited the deposits Rs.1,00,000/- each with the opposite parties under Ex.A.1 and Ex.A.2 dated 1.7.2009 respectively. The interest accrued on the said deposits was adjusted towards monthly subscription to the chit of the complainants under Ex.A.3. On completion of the said chit in June, 2014 the complainants 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 complainants got issued a legal notice Ex.A.8 dated 8.7.2014 to the opposite parties demanding the opposite parties to pay deposit amount with interest within seven days from the date of receipt of notice and failing in compliance they will compel to take appropriate civil and criminal actions against the opposite parties. The said notice returned unserved under Ex.A.10. The copies of postal acknowledgments of Registrar of Chits, Patamata, 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 for the notices got issued by the complainants. The complainants 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 deposited amount from July, 2014 to the complainants. Therefore we hold that there is deficiency in service on the apart of the opposite parties and they are liable to refund the deposit amounts with interest to the complainants. The complainants are 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 deposited amount Rs.2,00,000/- with interest at the rate of 9% per annum from 1.7.2014 to till realization and to pay costs of Rs.2,000/- to the complainants. 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 23rd day of February, 2015.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainants: For the opposite parties:-
P.W.1 K.Rajendra None. 1st Complainant,
(by affidavit)
Documents marked
On behalf of the complainants:
Ex.A.1 01.07.2009 Photocopy of receipt issued by the opposite party.
Ex.A.2 01.07.2009 Photocopy of receipt issued by the opposite party.
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 08.07.2014 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.1 6 01.07.2014 Photocopy of FIR along with three remand reports.
On behalf of the opposite parties:
Nil.
PRESIDENT(FAC)
