Date of Filing:25/02/2015

      Date of Order:16/04/2016

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE -  27.

Dated: 16^TH DAY OF APRIL 2016

PRESENT

SRI.SYED ANSER KHALEEM, B.SC., B.Ed.,LL.B.,PRESIDENT

SRI.H.JANARDHAN,B.A.L, LL.B., MEMBER

SMT.BHARATI.B.VIBHUTE, B.E(I.P.) LL.B., MEMBER

COMPLAINT NO.392/2015

ANURADHA REBELLO,

Flat No.1019,

Maruthi Prudential Apts.,

408/2 Murugeshpalya,

Old Airport Road,

Bangalore-560 017.                                        Complainant

V/s

1. The Manager,

Unitech Limited,

C 1 & 2, 2^nd Floor,

Jyoti Complex,

134/1, Infantry Road,

Bangalore 560 001.

2. The Manager,

Unitech Limited,

2^nd Flor, Plot No.136,

Phase 1, Udyo Vihar,

Gurgaon,

Haryana 122 016.                                       Opposite Parties    

ORDER

BY SRI.H.JANARDHAN, MEMBER

1.     The complainant has filed this complaint U/S 12 of the Consumer Protection Act, 1986 against the opposite parties (hereinafter referred in short as O.Ps) alleging deficiency in service on the part of the O.Ps and prays for direction to the O.Ps to refund a principle amount of Rs.1,00,000/- with accrued interest at the rate of 11.5% per annum from 5.8.2014 till the date of realization and Rs.20,000/- towards compensation for mental and trauma and Rs.5,000/- towards cost of the proceedings.

2.   The brief facts of the complaint is that, the complainant  had invested Rs.1,00,000/- with the O.Ps with a fixed deposit vide No.1234950 on 5.8.2013 for a period of one year with an interest rate of Rs.11.5% per annum.  On 5.8.2014 the complainant’s fixed deposit was matured and the complainant has signed the fixed deposit receipt and sent it to the O.P.No.2 through O.P.No.1 to return the principle amount of Rs.1,00,000/- but the O.P.No.1 and 2 did not respond  for the same, then the complainant sent an e-mail on 3.12.2014 enquiring about the said F.D. again there was no response from O.P.No.1 and 2.  Again the complainant sent the remainder on 10.12.2014 informing them that if his grievance is not redressed, he is going to approach the appropriate court of law. Once again there was no reply from the O.P.No.1 and 2. Hence the complainant left with no other option filed this present complaint.

3.      Upon issuance of notice, the O.Ps remained absent and hence O.Ps. placed exparte.

4.     To substantiate the above case, the complainant has filed the affidavit evidence along with documents.  We have heard the arguments.

5.     On the basis of pleadings of the complainant, the following points will arise for our considerations are:-

                                (A)    Whether the complainant has proved

                        deficiency in service on the part of the O.Ps?

(B)    Whether the complainant is entitled to the

        relief prayed for in the complaint?

(C)    What order?

6.     Our answers to the above points are:-

POINT (A) & (B): In the affirmative.

POINT (C):       As per the final order

for the following:

REASONS

POINT (A) & (B)::-

7.     On perusal of the averments made in the complaint, it is the case of the complainant that, he has made deposited the amount of Rs.1,00,000/- in a Fixed Deposit bearing No.1234950 on 5.8.2013 for a period of one year.  The O.Ps agreed to pay interest on the said deposit at the rate of 11.5% per annum. The allegation of the complainant is that inspite of the maturity date O.Ps did not pay the fixed deposit amount along with accrued interest. However, inspite of service of notice O.Ps placed exparte. Hence the allegations made in the complaint remained unchallenged.  In order to prove the case the complainant filed affidavit evidence and also filed copy of the fixed deposit receipt.  On perusal of the fixed deposit receipt it reveals that the complainant deposited amount of Rs.1,00,000/- on 5.8.2013 and the date of maturity was shown on 5.8.2014. Also O.Ps agreed to pay interest at the rate of 11.50% per annum. In addition to affidavit evidence the complainant also filed copies of e-mail correspondence made with the O.Ps but the O.Ps did not inform the complainant regarding the payment and hence without having any other option, the complainant filed this present complaint.

8.     Based on the material evidence placed on record, the complainant made out the case that the O.Ps committed the deficiency in service without paying back the amount in deposit with accrued interest to the complainant. Hence, the O.Ps not only committed deficiency in service also committed the unfair trade practice.  Accordingly, we answered these points in the affirmative.

POINT (C):

9.     Based on the findings given above and in the result we proceed to pass the following:

ORDER

1. The complaint is allowed in part with cost.

2. The O.Ps. i.e. Unitech Limited represented by its Manager/Authorized Signatory is hereby directed to pay Rs.1,00,000/- along with accrued rate of interest at 11.5% per annum from 05.8.2014 till the date of realization to the complainant.  

3. Further O.Ps. are directed to pay Rs.2,000/- towards cost of the proceedings.

4. The O.Ps are hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order and further submitted that O.Ps to file the compliance report to this forum within 45 days from the date of receipt of this order.

5. Send a copy of this order to both parties free of cost.

 (Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 16^th Day of April 2016)

MEMBER                 MEMBER                PRESIDENT

*Rak