Andhra Pradesh

Kurnool

CC/109/2002

P. Krishna Murthy - Complainant(s)

Versus

The Nagarjuna Finance Ltd., - Opp.Party(s)

Inperson

07 Jul 2003

ORDER

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Complaint Case No. CC/109/2002
 
1. P. Krishna Murthy
Smt P.Malleswari. D.No.12/419,Kanchigeri Street, Adoni
Kurnool
Andhra Pradesh
...........Complainant(s)
Versus
1. The Nagarjuna Finance Ltd.,
Regd Office Plot No.55, Nagarjuna Hills,Panjagutta,Hyderabad
Hyderabad
Andhra Pradesh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri.K.V.H. Prasad, B.A., LL.B PRESIDENT
 HON'BLE MR. Sri R.Ramachandra Reddy, B.Com., LL.B., MEMBER
 HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B., MEMBER
 
For the Complainant:Inperson, Advocate
For the Opp. Party:
ORDER

The case of the complainants is that the opposite party is the registered finance company, who is running finance business under the name and style of M/s Nagarjuna Finance Limited having  its Head office at Hyderabad and branches at several places. The said company invited deposites from the public and promised prompt repayment of double the deposited amount after 45 months on maturity date. The complainants being attracted by the said scheme deposited Rs.5,000/- each on 12.6.1997 and the opposite party had to pay double the deposited amount i.e., Rs.10,000/- each on maturity date i.e., 12.3.2001 the opposite party  also issued a fixed deposit receipt in favor of the  complainant bearing No.s.C45110000337 and 338 dated 12.6.1997 and the date of maturity mentioned in the original FDR on along with a demand letter 7.3.2001 through registered post with acknowledgment for payment of maturity amount but the opposite party evaded marking any payment even after receiving the original FDRs the complainants there after written several letter dt.30.4.2001, 2.6.2001, 8.9.2001 and 3.10.2001 and demand to the office of the opposite party in Hyderabad, being vexed with the conduct of the opposite party, the complainants also got issued a demand notice dated 20.11.2001 thought consumer welfare society, Adoni. The conduct of the opposite party in not paying the amount held deficiency of service to the complainants. Hence the complainants are entitled to the maturity amount with interest also at the rate of 18 percent from the date of maturity.

  In support of the complainant contentions the complainants side relied upon the true copies of two FDR issued by opposite party dated 12.6.1997 2 Xerox copy postal acknowledgement dated 10.3.2001(3) true copy of demand notice dated 20.11.2001 (4) postal registered post dated 7.3.2001 (5) office copy of covering letter of the complainant dated 7.3.2001 and they are marked as Ex A1 to A6 for the purpose of their appreciation. The first complainant also filed his sworn affidavit re-iterating his complaint averments.

  The opposite party received the notice of the forum, send by post the order of Hon’ble High court of A.P.in W.P.M.P. No.17593/2001 in W.P.No.14064/2001 ordering interim stay to all the Consumer Forum till further proceedings allowing the forums to entertain the applications filed by consumers and thereby on account of said stay did not file any written version. The Hon’ble High Court of A.P. in its orders dated 9.4.2003 in the above said matter has vacated the interim stay and inspite of said vacation of the stay the opposite party remained absent to the date of hearing on 28.5.2003, 24.6.2003 and 30.6.2003 and thereby set exparte.

 Hence the point for consideration to what relief the complainant is entitled to the reliefs sought. The case of the complainants is that they deposited Rs.5,000/- each on 12.6.1997 and on maturity the opposite party has to pay Rs.10,000/- each but failed to pay the maturity amount though promised to pay on maturity date. As no material is placed on record by the opposite party to rebut the contentions of the complainants and hence the contention of the complainant stands unrebutted. It is clear from Ex A1 and Ex A2 that the maturity amount of Rs.10,000/- each is to be paid to the complainants on 12.3.2001 itself but the opposite party failed to pay the maturity amount which the complainant is entitled to more over the opposite party failed even to give reply to the notice of consumer welfare association, adoni, and there after committed default in not paying the maturity amount and the complainant are remaining entitled to the interest also on the maturity amount from the date of maturity

  As stay vacated has been intimated the complainants proceeded with the case and the opposite party remained absent on the adjournment dates, the case is proceeded exparte against the opposite party. The opposite party by his irresponsible conduct in making good of the due amounts to the complainant driven the complainant to the forum for redressal of their grievance. The said conduct of opposite party in not discharging his obligation as amounting to deficiency of service and relying on the sworn affidavit of the complainants and documents marked the opposite party is held liable to pay the maturity amount Rs.10,000/- each to the complainant with interest.

  The complainants further relies on the decision of the Hon’ble national Consumer Disputes Redressal commission, New Delhi in Neela Vasanth  Raje Vs Amogh Industries and another 1993 (3) C.P.R page 345, where in it was held when the company or a firm invited deposits on a promise of attractive rate of interest is a service and the depositor is a consumer.

  In the light of the above decision, the District Consumer Forum can entertain the complainant of the complainants as they consumer under consumer protection Act 1986.

To sum up of the above discussion and in light of the above decision the complaint is allowed directing the opposite party to pay the maturity amount of Rs.10,000/- each to the complainants and as the opposite party as driven complainants to seek reddressal in the forum by their defaultive conduct and deficiency of service an amount of Rs.500/- is awarded as costs of the case.

In the result the complaint is allowed directing the opposite party to pay the maturity amount of Rs.10,000/- each to the complainants with 9 percent interest from the date of maturity i.e., 12.3.2001 till realization and Rs.500/- as costs. The opposite party is granted one month time for compliance the above order. Filing which the opposite party has to the amount with interest from the date of maturity till realization.

  

 
 
[HON'BLE MR. Sri.K.V.H. Prasad, B.A., LL.B]
PRESIDENT
 
[HON'BLE MR. Sri R.Ramachandra Reddy, B.Com., LL.B.,]
MEMBER
 
[HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B.,]
MEMBER

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