BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.70/2016
 

Date: 17^th day of December, 2016

   P r e  s e n t: 

01) Smt.Sharada.K.                                                    President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                         Lady   Member…

                            B.A (Music)

03) Shri.Shravanakumar.D.Kadi                               Member…

                        M.Com.LL.B.  (Spl)

                V/s

JUDGEMENT DELIVERED BY SMT. SUMANGALA.C.HADLI, MEMBER

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) to direct the OPs to refund Rs.1,01,553/- with 18% interest from the date of filing of this case till realization, Rs.50,000/- towards mental agony, torture and traveling expenses, Rs.40,000/- towards compensation, Rs.5,000/- towards cost of proceeding and any other reliefs deems fit under the circumstances of the case. 

02.    The brief fact of the case are as follows:

The complainant is resident of Rabkavi, Tq: Jamakhandi. The complainant had deposited 05 F.D. Receipts amounting to Rs.95,357/- and also amount of Rs.6,196/- in S.B. Account The first deposit was made on 25.10.2004, second was made in 27.06.2005 of Rs.5,000/-, third deposit made on 16.08.2005 of Rs.12,500/- on 19.012008 Rs.15,000/- was deposited and on 20.03.2008 sum of Rs.5,000/- was also deposited at the rate of interest at 10.5% p.a. and 11% p.a. The total maturity value was Rs.95,357/- and again in S.B. Account amount of Rs.6,196/- was remaining. Hence the total amount ofRS.1,01,553/- was due to the complainant. In the month of June-2015 when the complainant approached the Ops for the refund the amount, but Ops did not refund. Then the complainant served a legal notice to the Ops on 29.062015 even after that Ops did not refund the amount. Hence, the complainant has filed this present Complaint and praying to direct the refund amount of Rs.1,01,553/- with 18% interest from the date of filing of this case till realization, Rs.50,000/- towards mental agony, torture and traveling expenses, Rs.40,000/- towards compensation, Rs.5,000/- towards cost of proceeding and any other reliefs deems fit under the circumstances of the case. 

 03.   After receipt of notice, OPs though sufficient time was given and OPs have not appeared before this Forum and placed Ex-parte. 

04.    The complainant tendered affidavit evidence and placed following documents:-                     

05.    After considering the material placed on record, the following points that would arise for our consideration are:

06.    After considering the evidence tendered by the complainant and on careful consideration of the points urged during the course of arguments, our findings for the above points are as follows:

Point No.1 – Affirmative,

Point No.2 – Partly Affirmative,

Point No.3 - As per the final order.

R E A S O N S

 07. POINT NO.1:  On perusal of the pleadings, evidence coupled with the documents of the respective parties on record. The complainant had deposited total amount of Rs.1,01,553/- with the Ops. Even after so many enquiries, the Ops did not return the deposited amount. The complainant has produced Original Fixed Deposit Receipts and original S.B. Passbook, Legal Notice and Postal Acknowledgement to claim their amount. On the above documents, complainant has proves that there is deficiency in service on the part of the OPs. Hence, we answer the Point No.1 in affirmative.   

09.         POINT NO.2: The complainant proves the deficiency in service in the part of the Ops, now the question arises how much compensation complainant is entitled to get? The complainant is entitled to get refund of Rs.1,01,553/- along with the interest. Further, the complainant is also entitled to get an amount of Rs.5,000/- towards the mental agony and Rs.2,000/- towards the cost of this litigation. Hence, we answer Point No.2 in partly affirmative.

  10.  POINT NO.3:  In view of our findings recorded to Point No.1 and 2, we proceed to pass the following:

//ORDER//

1. This Complaint is partly allowed.

2. The complainant is entitled to get an amount of Rs.1,01,553/- (Rupees one lakh one thousand five hundred and fifty three) towards along with interest at 9% p.a. from the date of filing this Complaint till the date of realization.
3. The complainant is also entitled to get compensation of Rs.5,000/- (Rupees five thousand) for mental agony and Rs.2,000/- (Rupees two thousand) towards the cost of litigation.

4. The OPs are jointly and severally directed to comply this order within a period of sixty days from the date of receipt of this Order, failing which deposited amount of Rs.1,01,553/- carries interest at the rate of 12% p.a. from the date of this Order, till payment is made. 
5. Send a copy of this Order to both parties free of cost.  

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 17^th day of December, 2016)