Date of filing:4.11.2013
Date of Disposal:6.5.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
TUESDAY, THE 6th DAY OF MAY, 2014.
C.C.No.1 OF 2014.
Between :
1. Pinisetty Jaya Lakshmi, D/o Rama Krishna Rao, Hindu, 68 Years, Retired Teacher, Residing at 9-61-21, Islampet, B.R.P. Road, Vijayawada.
2. Smt Padma Priya, W/o Nanda Kishore, Countess 35 A Lilias Road, Cirencester, Gloucestershire, U.K.Postal Code GL71UD, Rep., through her Authorized Person Pinisetty Jaya Lakshmi, D/o Rama Krishna Rao, Hindu, 68 years, Retired Teacher, Residing at 9-61-21, Islampet, B.R.P.Road, Vijayawada.
….. Complainant.
And
1. The Vijaya Krishna Mact Society Limited, Rep., by its Director G.V.Koteswara Rao, Having Its Head Office at Gajavalli Mansion, #11-14-5, Velagaletivari Street, Opp.,S.B.I, Vijayawada - 520 001.
2. G.V.Koteswara Rao, S/o Hanumaiah, Hindu, 62 years, #11-14-5, Gajavalli Mansion, Velagaletivari Street, Vijayawada.
3. G.V.Narayana Rao, S/o Hanumaiah, Hindu, 65 years, #11-14-5, Gajavalli Mansion, Velagaletivari Street, Vijayawada.
4. G.C.Krishna, S/o Hanumaiah, Hindu, 68 years, #11-14-5, Gajavalli Mansion, Velagaletivari Street, Vijayawada.
5. G.Nageswara Rao, S/o Hanumaiah, Hindu, 70 years, #11-14-5, Gajavalli Mansion, Velagaletivari Street, Vijayawada.
…..Opposite Parties.
This complaint is coming before us for final hearing on 30.4.2014 in the presence of Sri P.Seshu Mohan, Counsel for complainant and opposite parties remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
- Complainant made fixed deposits worth Rs.2,80,500/- with the opposite parties from the year 2007 to 2010. The opposite parties issued deposit receipts by mentioning the rate of interest, maturity date and amount. Subsequently the said deposits were matured and the same was again renewed for another period. The opposite parties have to pay Rs.3,58,776/- on the date of its maturity. But the opposite parties failed to pay the maturity amounts on the date of maturity inspite of repeated requests made by the complainant. It amounts to deficiency in service. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct the opposite parties to pay Rs.3,58,776/- towards the maturity amount along with interest thereon by the date of complaint, to pay subsequent interest at the rate of 24% per annum from the date of complaint till the date of realization, to pay Rs.1,00,000/- towards damages for mental agony and to pay costs.
- Notices were issued to all the opposite parties 1 to 5 and they were returned unserved. Again paper publication was given under substitute service in Praja shakthi Telugu Daily News Paper. Opposite parties 1 to 5 remained absent.
- The 1st complainant filed her affidavit and got marked Ex.A.1 to Ex.A.12.
- Heard and perused.
- Now the points that arise for consideration in this complaint are:
- Whether there is any deficiency in service on the part of opposite parties in refund of the deposit amounts after its maturity to the complainants?
- If so are the complainants entitled for any relief?
- To what relief the complainants are entitled?
POINTS 1 AND 2:-
- On perusing the material on hand the complainant along with her daughter deposited an amount of Rs.25,000/- under Ex.A.1 on 12.11.2007 for one year upto 12.11.2008 and it was renewed for three years upto 12.11.2011. Again they deposited an amount of Rs.20,000/- under Ex.A.2 on 6.6.2011 for one year upto 6.6.2012, they deposited an amount of Rs.20,000/- under Ex.A.3 on 29.4.2009 for one year upto 29.4.2010 and it was renewed for one year upto 29.4.2011 and again it was renewed for two years upto 29.4.2013. They deposited an amount of Rs.20,000/- on 29.4.2009 under Ex.A.4 for one year upto 29.4.2010 and it was renewed for one year upto 29.4.2011 and again it was renewed for two years upto 29.4.2013. They deposited an amount of Rs.40,000/- under Ex.A.5 on 20.5.2009 for one year upto 20.5.2010 and it was renewed for one year upto 20.5.2011 and again it was renewed for two years upto 20.5.2013. They deposited an amount of Rs.20,000/- under Ex.A.6 on 1.10.2009 for one year upto 1.10.2010 and it was renewed for one year upto 1.10.2011. They deposited an amount of Rs.20,000/- under Ex.A.7 on 1.10.2009 for one year upto 1.10.2010 and it was renewed for one year upto 1.10.2011. They deposited an amount of Rs.25,500/- under Ex.A.8 on 6.1.2010 for two year upto 6.1.2012. They deposited an amount of Rs.40,000/- under Ex.A.9 on 10.2.2010 for one year upto 10.2.2011 and they deposited an amount of Rs.50,000/- under Ex.A.10 on 10.11.2010 for two years upto 10.11.2012. Pinisetty Padma Priya the daughter of the complainant gave an authorization letter to her mother to file the complaint on her behalf to initiate the proceeding under Ex.A.11. Ex.A.12 is details of the total deposits and its maturity value. We the Forum, on observing Ex.A.1 to Ex.A.12 noted that Ex.A.6 deposit amount of Rs.20,000/- was matured on 1.10.2011, Ex.A.7 deposit amount of Rs.20,000/- was matured on 1.10.2011. These deposits are barred by limitation of two years from the date of maturity. So these amounts are not taken into consideration. The opposite parties have to pay total amount with interest less Rs.24,600/- and Rs.24,600/- deposited on 1.10.2009 which comes to Rs.3,09,576/-. But the opposite parties failed to pay the same to the complainant. Therefore there is not only deficiency in service but also unfair trade practice on the part of opposite parties and so the complainant is entitled for compensation besides deposit amounts with interest. Accordingly these points are answered.
POINT No.3:-
- In the result, the complaint is allowed in part and the opposite parties jointly and severally are directed to pay Rs.3,09,576/- (Three lakhs nine thousand five hundred and seventy six rupees only) under total deposit amounts including agreed interest, to pay compensation of Rs.20,000/- (Twenty thousand rupees only) for mental agony and to pay costs of Rs.4,000/- (Four thousand rupees only) including paper publication charges. Time for compliance one month from the date of receipt of this order. If the opposite parties fail to pay the awarded amount within the stipulated time the awarded amount carries interest at the rate of 12% per annum from the date of filing the complaint till the date of realization. Rest of the claims of the complainant are dismissed.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 6th day of May, 2014.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite parties:-
P.W.1 P.Jaya Lakshmi None.
Complainant
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:
Ex.A.1 12.11.2007 Photocopy of Deposit Certificate for Rs.25,000/-.
Ex.A.2 06.06.2011 Photocopy of Deposit Certificate for Rs.20,000/-.
Ex.A.3 29.04.2009 Photocopy of Deposit Certificate for Rs.20,000/-.
Ex.A.4 29.04.2009 Photocopy of Deposit Certificate for Rs.20,000/-.
Ex.A.5 20.05.2009 Photocopy of Deposit Certificate for Rs.40,000/-.
Ex.A.6 01.10.2009 Photocopy of Deposit Certificate for Rs.20,000/-.
Ex.A.7 01.10.2009 Photocopy of Deposit Certificate for Rs.20,000/-.
Ex.A.8 06.01.2010 Photocopy of Deposit Certificate for Rs.25,500/-.
Ex.A.9 10.02.2010 Photocopy of Deposit Certificate for Rs.40,000/-.
Ex.A.10 10.11.2010 Photocopy of Deposit Certificate for Rs.50,000/-.
Ex.A.11 22.07.2013 Authorization letter.
Ex.A.12 . . Photocopy of details of FDRs.
For the opposite parties:-
Nil.
PRESIDENT
