COMPLAINT FILED: 03.03.2010 <br /> DISPOSED ON: 19.06.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 19TH JUNE 2010<br /> <br /> PRESENT:- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.465/2010<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. Gopal Krishna M.,<br /> S/o Muthappa,<br /> Aged about 60 years,<br /> R/at No.190-B, 5th Cross,<br /> 1st Main, Kenchenahally,<br /> Rajarajeshwarinagar,<br /> Bangalore – 560 098.<br /> <br /> Advocate: <br /> Sri. Nanjappa Kalegowda <br /> <br /> V/s.<br /> <br /> OPPOSITE PARTY The Manager,<br /> Shri Ram Chits (Karnataka) <br /> Pvt. Ltd., <br /> No.2904, 2nd Floor, 11th Main, <br /> 4th Block, Jayanagar,<br /> Bangalore – 560 011.<br /> <br /> Advocate: <br /> Sri. Prashant. T. Pandit <br /> <br /> O R D E R S<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986, seeking direction against Opposite Party (herein after called as OP) to pay an amount of Rs.25,000/- and interest on the bond amount of Rs.60,000/-, damages of Rs.50,000/- on the allegations of deficiency in service on the part of OP.<br /> <br /> 2. Briefly stated, the case of the complainant, is the complainant joined chit fund with OP in group No.58005 consisting of 40 members and chit amount is Rs.2,00,000/- with monthly installment of Rs.5,000/-. The complainant taken the chit in the 28th month and OP deducted Rs.60,000/- in the bid amount as the complainant has no surety. It is stated that OP assured to give the bond for Rs.60,000/- and the same will be returned with interest after the completion of the chit period, the bid amount was paid after 3 months of the bid. OP has not handed over the bond for Rs.60,000/- and issued notice on 11.11.2008 calling upon complainant pay Rs.49,521/- arrears, failing which the bond amount of Rs.60,000/- will be confiscated. The complainant approached the OP to settle the matter, but the officials have not responded. Legal notice was issued on 15.06.2009 to furnish statement of accounts and to return the bond amount by deducting the arrears. Police complaint was also lodged against OP, police advised to approach this Forum. Due to the improper, inefficient and ineffective service provided to the complainant, the complainant has been deprived of using the bond amount. OP neither issued statement of accounts nor returned the bond amount, the same amounts to deficiency in service on the part of the OP. Hence the complaint seeking necessary reliefs as stated above. <br /> <br /> 3. On appearance, OP filed version contending that the complaint is misconceived; the same is not maintainable. The complainant was defaulter in payment of installments. He himself has given the consent to deduct the due amount from his deposit. There is no question of refund of the bond amount; the complainant himself has given consent letter to deduct the due amount from the deposit. There is no deficiency in service OP is not liable to pay any amount. Hence it is prayed to dismiss the complaint with costs. <br /> <br /> 4. In order to substantiate the complaint averments and version, both the parties filed affidavit evidence and produced the documents. <br /> <br /> 5. Arguments heard on both sides. Points for our consideration are: <br /> <br /> Point No.1:- Whether the complainant proved the <br /> deficiency in service on the part of <br /> the OP?<br /> <br /> Point No.2:- Whether the complainant is entitled<br /> for the reliefs now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. We record our findings on the above points as under: <br /> <br /> Point No.1:- Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the out set it is not at dispute that the complainant joined the chit fund with OP in a group No.58005 consisting of 40 members and chit amount Rs.2,00,000/- with monthly installments of Rs.5,000/-. The complainant was successful bidder of the chit in the 28th month. OP deducted Rs.60,000/- out of the chit amount and retained the same with it, as a security for the future installments to be payable by the complainant; as the complainant has no surety. OP has produced the document the consent letter copy dated 06.01.2009 wherein the complainant has admitted the fact that he has not paid chit installments for 12 months and that amount is to be deducted out of the deposit amount and to pay the balance. Even though the said letter is issued on 06.01.2009, but OP has not taken any steps to refund the balance amount after deducting the 12 months installments. OP has also not furnished the account statement to the complainant to know as to what is the amount due by him towards the installments payable and to what amount he is eligible to claim refund. OP has produced the account’s statement. As per that account statement an amount of Rs.1,093/- is payable to the complainant after deducting entire installments out of the security amount of Rs.60,000/-. Even OP has not issued the bond in respect of the said amount of Rs.60,000/-. In the legal notice dated 15.06.2009 issued to the OP complainant demanded to deduct the amount due from the complainant and pay the balance amount with details of installments payable and also to furnish the details as to the interest allowed on the amount of Rs.60,000/- and it was also requested to pay the balance amount to the complainant otherwise matter will be taken to the civil and criminal court. Inspite of receipt of this legal notice OP has not complied the demand. Ultimately the complainant has filed the police complaint on 03.08.2009 against the OP; the police has issued endorsement on 11.08.2009 directing the complainant approach the Forum. Had OP after receipt of the request letter dated 06.01.2009 refunded the amount, the complainant could not have got issued the legal notice and lodged the police complaint. It is on account of hostile attitude of OP, the complainant was made to approach the police and lastly to come with this complaint. Under these circumstances we are of the view that the act of OP in not refunding the amount to an extent of Rs.1,093/- and failure to furnish the details of the account’s amounts to deficiency in service on its part. The complainant proved deficiency in service on the part of the OP. <br /> <br /> 8. Though the complainant has claimed an amount of Rs.25,000/- and interest on the amount of Rs.60,000/-, but there is no material to show that OP has agreed to pay any interest on the amount of Rs.60,000/- deducted as a security for the future installments. Hence the complainant is not entitled to claim interest. There is no material to hold that the complainant has sustained any loss to claim damages. Under these circumstances we are of the view that the complainant is entitled for Rs.1,093/- along with litigation cost of Rs.500/-. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to refund the amount of Rs.1,093/- to the complainant along with litigation cost of Rs.500/- within four weeks from the date of this order. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 19th day of June 2010.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Snm:<br /> <br />