BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

02^nd DAY OF AUGUST 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to refund the amount of Rs.1,50,000/- being the assured amount with interest and to pay damages of Rs.1,00,000/-.

2. The brief averments made in the complaint are as under:

The complainant invested in novel and unique scheme called “Tamarind Tree Scheme” for the benefit of investors and the OP has assured to the complainant that the OP will provide the consistent yield from the tamarind tree and also 436 square feet of undivided share of land will be registered in the name of the complainant.  For this purpose, the OP has received Rs.1,600/- (Rs.1,500/- for tamarind tree and Rs.100/- for undivided share in the land registered value) from the complainant on 19.10.1992 for a period of 20 years.  Scheme expiry date was fixed by the OP is 20.10.2012 and on the payment the OP has issued certificate No.13395 and serial No.20501 in favour of the complainant.

The OP has assured to the complainant that after expiry of the scheme the complainant will get the income of Rs.1,50,000/- plus amount and in the scheme certificate the OP mentioned the assured benefit amount of Rs.50,000/-.  As per OP assurance, the complainant has invested the amount in the year 1992.  The payment receipt dated 19.10.1992 is produced.  That after expiry of scheme the complainant has approached the OP and requested to return the matured scheme amount but OP kept on giving false assurances for one year but failed to return the above said matured amount and also not bothered to the complainants’ request and till today the OP did not return the assured amount.

Due to this kind of service rendered by the OP, the complainant had undergone enough stress since inspite of repeated request of complaint no action has been taken by OP.  Even after several phone calls and letters seeking return of matured scheme amount and assured benefit amount with interest from OP but OP un-abatedly continues to harass the complainant which amounts to negligence, unfair practice, deficiency in service and breach of trust and complainant has no other alternative is forced to approach this Forum seeking relief and refund of amount from OP.  That the OP officials knowing well that the value of the scheme certificate but deliberately the OP has not telling the value of the certificate and also not returning/disbursing the certificate matured amount and this act of OP amounts to breach of trust, cheating, harassment and mental agony to the complainant.  The complainant issued a legal notice to OP on 16.12.2013 regarding the deficiency of service even after the notice the OP failed and neglected to consider the same and OP gave untenable reply to the notice.  Hence, the complaint.

3. The notice of the complaint was issued to the OP, however the same was not returned.  Thereafter, the complainant took substitute service by publishing the notice in the local news paper.  Despite publication of the notice in the news paper, OP failed to appear and contest the complaint.  Therefore, the OP was placed ex-parte.

4. Thereafter, the complainant was called upon to file her affidavit evidence.  Accordingly, the complainant filed her evidence by way of affidavit.  The complainant has also submitted her written arguments.

5. Perused the averments made in the complaint, affidavit evidence, written arguments of complainant, documents filed by the complainant and other materials placed on record.

6. Admittedly the complainant invested in a novel and unique scheme called the “Tamarind Tree Scheme” and the OP had assured to the complainant that the OP providing consistent yield from the produce of the tamarind tree and also 436 square feet of undivided share of land will be registered in the name of complainant.  OP has received Rs.1,600/- from the complainant on 19.10.1992 for the period of 20 years scheme and has issued certificate to that effect in favour of the complainant.

7. The OP has assured to the complainant that after expiry of the scheme the complainant will get the income of Rs.1,50,000/- plus amount the assured benefit amount of Rs.50,000/-.  But after expiry of scheme when the complainant approached the OP and requested to return the matured amount, the OP failed to do so.  The complainant has caused mental agony, financial loss in business and social contacts and not able to carry on her daily work in time.

8. The act of OP in not returning/disbursing the certificate matured amount must have caused harassment to the complainant.  Hence, complainant sent legal notice to OP dated 16.12.2013 regarding the deficiency of service and seeking the assured amount with interest and damages within 7 days.  But OP gave untenable reply.  OP neither filed version nor denied the sworn testimony of the complainant.  The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant. 

9. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced.  The complainant suffered inconvenience and mental agony due to non performance of the promise made by the OP.  The conduct of OP in not paying the assured matured amount amounts to deficiency in service and the same must have put the complainant to great hardship, inconvenience and mental agony.  Therefore, the OP has to be directed to pay compensation to the complainant for deficiency in service.  In view of the discussions made above, we are of the considered opinion that, the complainant has successfully proved the deficiency of service on the part of the OP.  Therefore, the OP has to be directed to refund Rs.1,600/- to the complainant together with interest @ 18% p.a from the date of actual receipt till the date of realization.  Further OP is directed to pay compensation of Rs.5,000/- to the complainant together with litigation cost of Rs.2,000/-.

10. In the result, we proceed to pass the following:   

       O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  OP is directed to refund Rs.1,600/- to the complainant together with interest @ 18% p.a from the date of payment till the date of realization.  Further OP is directed to pay compensation of Rs.5,000/- towards mental agony and hardship caused to the complainant along with litigation cost of Rs.2,000/-.

This order is to be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 02^nd day of August 2016)

MEMBER                            MEMBER                     PRESIDENT

Vln* 

COMPLAINT No.404/2014

Witnesses examined on behalf of the complainant dated 21.06.2016.

1. Smt.Selvi Kumar.

   Witnesses examined on behalf of OP – Nil.

   Documents produced by the OP - Nil

MEMBER                           MEMBER                        PRESIDENT

Vln*