Andhra Pradesh

Guntur

CC/10/26

M Venkata Subbamma - Complainant(s)

Versus

Viswam Agro Genetic (P) Ltd, and ANOTHER - Opp.Party(s)

M Charulatha

25 Feb 2010

ORDER

BEFORE THE DISTRICT CONSUMER FORUM
GUNTUR
 
Complaint Case No. CC/10/26
 
1. M Venkata Subbamma
W/o. Subbareddy, D.No. 4-15-59, Bharatpet, Guntur
Guntur
ANDHRA PRADESH
...........Complainant(s)
Versus
1. Viswam Agro Genetic (P) Ltd, and ANOTHER
Rep.by.is MD.Mejeti Papa Rao, 25-18-4,Crane Factory Road, Sampathnagar
Guntur
ANDHRA PRADESH
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. A Hazarath Rao PRESIDENT
 HON'BLE MS. SMT T. SUNEETHA, M.S.W., B.L., MEMBER
 HONORABLE Sri M.V.L. Radha Krishna Murthy Member
 
For the Complainant:
For the Opp. Party:
ORDER

Per Smt T. Suneetha, Member :-    This complaint is filed U/S 12 of Consumer Protection Act, 1986 by the complainant seeking directions on the opposite parties for payment of maturity amount of Rs.2,42,049/- for three units along with 24% interest, further sum of Rs.30,000/- towards compensation for mental agony and Rs.3,000/- for costs.

 The brief facts of complaint are as follows:

        The complainant is Maram Venkata Subbamma is the resident of Guntur.   The opposite parties are Viswam Agro Genetics Private Limited, Guntur.   The opposite parties are doing business of sheep unit, income reinvestment deposit scheme and offered to sell the units.

        The complainant on believing the opposite parties company purchased three bonds each worth Rs.3501/- on 08-11-95.  The opposite parties gave three certificates b.Nos.6303/249, 6304/249 and 6305/249.   After that the opposite parties have sent a letter dated 14-12-96 informing about insurance coverage to the certificate holders.  Since 1998 there was no communication from the opposite parties.  The complainant met opposite parties personally.  The opposite parties pacified the customers and had given an assurance that they would pay the amounts as per the prescribed terms.  But the opposite parties failed to pay the amounts.  They are negligent towards complainant and there is deficiency in service.  Hence, the complaint.

        The complainant filed affidavit and submitted documents vide Exs.A-1 to A-6.  Ex.A-1 is the unit holder certificate (3).   Ex.A-2 is the letter from opposite parties dated 14-12-96.  Ex.A-3 is the receipts (3) given by the opposite parties.  Ex.A-4 is the personal accident insurance for one year by the New India Assurance Company Limited from 04-01-97 to 3-1-98.   Ex.A-5 is the sheep unit income                          re-investment deposit certificates dated 27-12-96.   Ex.A-6 is the copy of receipt of the Union Bank of India showing the payment of Rs.271/-.

        The opposite parties remained absent inspite of service of notice.  Hence, they are set exparte.

        An uncontraverted allegation made in the petition as well as in the affidavit including the documents on record do establish the claim of the complainant for refund of maturity value of Rs.80,683/- under each certificate.  The total sum is Rs.2,42,049- under three certificates.

        In the result, the complaint is partly allowed in part as indicated below:

  1. The opposite parties are hereby directed to pay the maturity       value of three bonds amounting to Rs.2,42,049/-.
  2. The opposite parties are hereby directed to pay Rs.3,000/- towards compensation for mental agony pain and suffering and Rs.1000/- towards legal expenses.
  3. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of copy of the order, failing which the amounts ordered above shall carry interest @9% p.a., till the date of reaslisation.

 

        Typed to my dictation by junior stenographer, corrected by me and pronounced in the open Forum dated this the 25th day of February, 2010.

 

Sd/-XXX                             Sd/-XXX                             Sd/-XXX

MEMBER                             MEMBER                             PRESIDENT
     

 

APPENDIX OF EVIDENCE

 

No oral evidence is adduced on either side

 

                                        DOCUMENTS MARKED

For Complainant:

 

Ex.A-1 is the unit holder certificate (3).

Ex.A-2 is the letter from opposite parties dated 14-12-96.

Ex.A-3 is the receipts (3) given by the opposite parties.

Ex.A-4 is the personal accident insurance for one year by the New                India Assurance Company Limited from 04-01-97 to 3-1-98.

Ex.A-5 is the sheep unit income re-investment deposit certificates.   Ex.A-6 is the copy of receipt of the Union Bank of India.

 

 

For Opposite parties:   NIL

     

                                                                           Sd/-XXX

                                                                                            PRESIDENT

 
 
[HON'BLE MR. A Hazarath Rao]
PRESIDENT
 
[HON'BLE MS. SMT T. SUNEETHA, M.S.W., B.L.,]
MEMBER
 
[HONORABLE Sri M.V.L. Radha Krishna Murthy]
Member

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