Date of Filing: 05/05/2011

        Date of Order: 28/07/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  28^th DAY OF JULY 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 868 OF 2011

Vijayam Bharani Trust,

No.1, Chinmaya Apartments,

Puttana Road, Bangalore-560 004.

Rep. by its Chairman Mr.K. Vijay Kumar.

(Rep. by Advocate V.Deepa)                                                 ….  Complainant.

V/s

Vidya Seva Credit Cooperative Society

Limited, No.17, 2^nd Floor,

Subbrama Chetty Road,

Nekallappa Circle,

Bangalore-560 004.

Rep. by its President.                                                         …. Opposite Party.

BY SMT.NIVEDITHA, MEMBER

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to pay Rs.10,00,000/-, are necessary:-

          The complainant is a non-profit organization involving in providing daily Midday meals to about 400 malnourished children studying in Government schools in and around Bangalore.  For that purpose the complainant had deposited Rs.10,00,000/- with the opposite party on 03.06.2009.  On which the opposite party had agreed to pay 11% interest per annum and the interest to be paid monthly.  The opposite party paid the interest for some months, but failed to pay the interest subsequent. On 30.06.2010, the opposite party refunded Rs.4,00,000/- and refund balance of Rs.6,00,000/- it had issued two fixed deposit receipts for Rs.3,00,000/- each and the first fixed deposit receipt No.1279 was for Rs.3,00,000/- on which they had to pay 9% interest per annum and another fixed deposit was for six months bearing No.1280.  On the date of maturity of the first fixed deposit the complainant approached the opposite party to pay the amount as it required the amount for their Midday meal program, but the opposite party failed to pay the same.  As FDs are matured the complainant sought refund of the other fixed deposit also but opposite party failed to pay the said amounts, the complainant issued the notice on 28.11.2010.  The opposite party though acknowledged the notice did not pay the amount and did not replied the notice.  Hence the complaint.

2.       In this case the notices were sent to the opposite party and it was served on the opposite party by paper publication in Udaya vani daily newspaper dated: 24.06.2011.  In spite of that the opposite party never cared to appear on the hearing dates 25.07.2011 or today 28.07.2011.  Hence perused the records as the complainant did not turn up nor his counsel.

3.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is deficiency in service?
2. What Order?

4.       Our findings are:-

Point (A) & (B)         :           As per the final Order

                   for the following:- 

-:REASONS:-

Point A to B :-

5.       Reading the complaint in conjunction with the documents on record, it is established that the complainant being a non-profit organization providing daily Midday meals for about 400 malnourished children studying in Government schools had deposited an amount of Rs.10,00,000/- with the opposite party on the fond hope that the opposite party will pay interest regularly so that the complainant can use it for the purpose of the Midday meal.  The opposite party had paid certain interest for certain period but even after the maturity they did not pay the interest after 17.03.2010 though the complainant demanded.

6.       After persuation the opposite party returned Rs.4,00,000/- and kept the remaining amount of Rs.6,00,000/- in fixed deposits on 30.06.2010 in two FDs of Rs.3,00,000/- each, one for three months and another for six months.  Even after that the opposite party neither paid the interest nor the principal amount though FD’s matured.

7.       When the specific amount is kept in deposit for the purpose of getting interest for the service or for providing food to the children it was incumbent on the part of the opposite party to return the money but that has not been done.  Taking others money and keeping it without fulfilling their obligation is nothing but an unfair trade practice much less deficiency in service.  Hence the opposite party is bound to pay the amount back.   Under these circumstances it is needless to say nothing in the complaint or documents are challenged by the opposite party.  The opposite party is bound to pay the entire amount of Rs.6,00,000/- with interest as compensation to the complainant.  Hence we hold the above points accordingly and proceed to pass the following:-

ORDER

1.        The complaint is Allowed-in-part.

2.        The opposite party is directed to pay to the complainant a sum of Rs.6,00,000/- with interest at the rate of 12% per annum from 30.06.2010 until payment within 60 days from the date of this order.

3.       The opposite party is also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.

4.       The opposite party is directed to send the amounts as ordered at Serial Nos.2 & 3 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.

5.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

6.       Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 28^th  Day of July 2011)

MEMBER                                              MEMBER                                          PRESIDENT