Complaint Filed on:17.11.2017 |
Disposed On:14.06.2018 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN
14th DAY OF JUNE 2018
PRESENT:- | SRI. P.V SINGRI | PRESIDENT |
| SMT. P.K SHANTHA | MEMBER |
COMPLAINANT | Sri.Ambarish K.C, S/o Late R.Chenna Kesavan, Aged about 33 years, Flat No.1B4, Isha Misty Green, Channasandra, Whitefield, Bangalore-560067. Advocate – Sri.Sharath G.Gogi V/s |
OPPOSITE PARTies | 1) M/s.Unitech Limited., Fixed Deposit Section, Regd. Off:No.6, Community Center, Saketh, New Delhi – 110017. Represented by its Authorized Signatory, Managing Directors. 2) M/s.Unitech Limited, Fixed Deposit Section, Branch Office No.C-1 & 2, 134/1, Jyothi Complex, Infantry Road, Bangalore-560001. Represented by its Authorized Signatory, Managers. |
O R D E R
SMT. SHANTHA P.K, MEMBER
The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to refund Rs.1,33,913/- with interest @ 24% p.a from the date of payment till realization, to pay damages of Rs.50,000/-, Rs.25,000/- towards loss of earning, suffering, pain trauma, mental agony, cost of various visits to the OPs and also direct OPs to pay Rs.75,000/- towards cost of legal notices and to pay cost of the proceedings.
2. The brief averments made in the complaint are as under:
Opposite Parties.1 & 2 are main branch office respectively. They are registered as Company under the companies Act. Complainant was an employee of OPs company. Complainant decided to invest in OPs company and accordingly a sum of Rs.75,000/- was invested as fixed deposit for the period of three years and OPs agreed to pay interest at the rate of 12.5% p.a on the said fixed deposit. The said amount was paid through cheque/draft No.537660, dated 14.09.2012 by ICICI Bank, ITPIL, Hosur Road Branch, Bangalore by complainant father in his name i.e., Sri.R.Channa Keshava as first applicant, he deceased and complainant is second applicant. OPs issued the fixed deposit receipt No.1194719 on 18.09.2012, maturity date was 17.09.2015 for Rs.1,08,913/-. The complainant invested Rs.75,000/- in the OPs company as a fixed deposit on 06.09.2013 for a period of three years at the rate of 12.50% interest.
On maturity of the fixed deposit, complainant surrendered the original bond to OP-2 at Bangalore. After receiving original bonds from complainant both OPs had informed and assured the complainant that the FD maturity amount would be sent through DD. After waiting for some days the complainant approached OP-2 to collect his FD amount along with interest there on. But again both OPs assured that the same would be sent through post. Inspite of assurances of OPs, the complainant did not receive any amount along with interest thereon. Thereafter on several occasions, complainant has approached personally and telephoned both OPs to pay his FD amount along with interest there on. OPs also assured that they will pay the FD with upto date interest as soon as possible.
Complainant has sent an e-mail to both OPs demanding to pay FD amount and interest there on and both OPs not replied to the said e-mail. When the complainant met OP-2 they have informed that the OP-1 has refused to settle the FD amount without any reason. Complainant felt deficiency of service on the part of OPs and he has issued a legal notice dated 24.07.2017 to both OPs and the same is delivered to OPs. OPs have not replied to the legal notice sent by the complainant. The complainant has suffered financially, mentally and lost his faith and trust with OPs. OPs have not replied any of the e-mail and refused to settle the claim of the complainant. Hence left with no other alternative the complainant has approached this Forum for seeking relief for his grievance.
3. After registration of the complaint, notices were issued to OPs. In spite of service of notice OPs remained absent without sufficient reason and cause. Hence OPs were placed ex-parte and the case was posted for filing affidavit evidence of the complainant.
4. So as to prove the case, the complainant has filed the affidavit evidence in support of his complaint reiterating the complaint averments and produced the copies of documents.
5. The above said assertions of the complainant have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant. So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.
6. Let us have a cursory glance at the documents produced by the complainant. Document No.1 is the copy of death certificate of 1st applicant of FDR. Document No.2 is the fixed deposit receipt No.1194719 for Rs.75,000/-, deposited on 17.09.2012 for a period of three years @ 12.50% interest, issued on 18.09.2012. Document No.3 is application/renewal form. Document No.4 is the detailed statement of ICICI Bank, which shows the amount of Rs.75,000/- which has been deposited by complainant to OPs Company on 17.09.2012 through cheque No.537660. Document No.5 is the letter issued by the complainant to OPs to inform the FD is matured on 19.09.2015. Document No.6 is copy of legal notice dated 24.07.2017. Document No.8 & 9 are receipt and acknowledgements.
7. On perusal of oral and documentary evidence of the complainant, it is clear that, the complainant has deposited a sum of Rs.75,000/- with OPs for a period of three years from 17.09.2012 to 17.09.2015 repayable along with interest @ 12.50% p.a. The OPs failed to pay the matured amount with interest. The conduct of OP in not refunding the matured amount with interest amounts to unfair trade practice and gross deficiency of service.
8. The OPs did not appear and contest the claim put forth in the complaint. The conduct of OPs in not refunding the deposit amount of Rs.75,000/- along with interest on time amounts to deficiency of service. The non refunding of the fixed deposits amount must have put the complainant to hardship, inconvenience and mental agony. We are satisfied that the complainant has successfully proved the deficiency of service on the part of OPs. Under the circumstances, we are of the considered view that, OPs are liable to refund total fixed deposit amount of Rs.75,000/- to the complainant along with interest @ 12.50% p.a from the date of deposit till the date of maturity. Further OPs are directed to pay interest @ 18% p.a from the date of maturity till the date of realization and directed to pay compensation of Rs.15,000/- for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.4,000/-.
9. In the result, we proceed to pass the following.
O R D E R
The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.
OPs are directed to refund fixed deposit amount of Rs.75,000/- to the complainant together with interest @ 12.50% p.a from the date of deposit till the date of maturity. Further OPs are directed to pay interest @ 18% p.a from the date of maturity till the date of realization. Further OPs are directed to pay compensation of Rs.15,000/- for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.4,000/- to the complainant.
OPs shall comply the order passed by this Forum within a month from today.
Furnish free copy of this order to both the parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 14th day of June 2018)
MEMBER PRESIDENT
Vln*
COMPLAINANT | Sri.Ambarish K.C, Bangalore-560067. V/s |
OPPOSITE PARTies | 1) M/s.Unitech Limited., Fixed Deposit Section, New Delhi – 110017. Represented by its Authorised Signatory, Managing Directors. 2) M/s.Unitech Limited, Fixed Deposit Section, Bangalore-560001. Represented by its Authorised Signatory, Managers. |
Witnesses examined on behalf of the complainant dated 23.05.2018.
Sri.Ambarish K.C.
LIST OF DOCUMENTS PRODUCED BY THE COMPLAINANT |
1) | Document No.1 is copy of death certificate. |
2) | Document No.2 is copy of fixed deposit receipt. |
3) | Document No.3 is copy of application form. |
4) | Document No.4 is copy of bank statement. |
5) | Document No.5 is copy of requisition letter. |
6) | Document No.6 is copies of FD account without any reason respond e-mails. |
7) | Document No.7 is copy of legal notice dated 24.07.2017. |
8) | Document No.8 is copy of postal receipts. |
9) | Document No.9 is copy of acknowledgment. |
OPs - Absent
MEMBER PRESIDENT
Vln*
