BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  MANGALORE

Dated this the 22^nd May 2017

PRESENT

  SRI VISHWESHWARA BHAT D     : HON’BLE PRESIDENT

   SMT.LAVANYA M. RAI                   : HON’BLE MEMBER

ORDERS IN

C.C.No.56/2017

(Admitted on 22.2.2017)          

Sri. Ganesh D,

S/o D. Subba Rao,

Aged about 52 years,

R/at Ballidadda house,

Devasya Mudoor Village,

Maninalkoor Post,

Bantwal Taluk, D.K 574065.

                                                                 ……… Complainant

(Advocate for Complainant by Sri. TP)                                                                                                  

VERSUS

Vradhi Credit Souharda Sahakari Niyamitha,

B.C.Road Brach Office, 2^nd floor,

Johnlean Complex, near S.B.I. Madanthyar,

Post Madanthyar, Bantwal Taluk D.K.

Represented by its branch in charge.

                                                                      …. Opposite Party

  (Opposite party : Ex parte)

ORDER DELIVERED BY HON’BLE MEMBER

SMT. LAVANYA M. RAI

1.  This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.

The brief facts of the case are as under:

          The complainant is running Grocery Shop at Devasya Moodor.  The Opposite Party has approached the complainant with a request to join a Pigmy Account maintained by him at Madanthyar Branch.  Believing the Opposite Party the complainant has joined the pigmy account on 11.3.2015 maintained by the Opposite Party. That in the month of December 2016 the complainant has approached the Opposite Party to enquire about total pigmy amount paid by him and requested him to refund the amount as he needs money to his business.  But one or other pretext Opposite Party has avoided refunding and furnishing the details. On 25.11.2016 Opposite Party has given an endorsement that since 11.3.2016 to 25.11.2016 a total sum of Rs.48,000/ is in pigmy Account No.00001005191 of the complainant.  But Opposite Party has not paid the amount to the complainant even after many request.  Hence on 29.12.2016 the complainant got issued legal notice.  That even after receipt of the demand notice the Opposite Party neither gave reply nor paid the amount.  Hence the above complaint filed by the complainant before this forum under section 12 of the C.P.Act 1986(here in after referred to as the Act) seeking direction to pay the total pigmy amount Rs.48,000/ along with 12% interest from the date of collection till 25.11.2016 and thereafter at a rate of 15% till payment and to pay Rs.10,000/ towards the compensation and further to pay Rs.5,000/ towards the cost of legal notice  and certain other reliefs.

II. Version Notice served to the opposite party by RPAD, inspite of receiving notice the Opposite Party not present nor represented the case hence placed exparte.                   

III.     In support of the above complaint, the complainant Sri. Ganesh D, filed affidavit evidence as CW1 and produced documents got marked at Ex.C1 to C3.  Since the Opposite Party is exparte not lead evidence nor placed any documents before the fora.

IV.     In view of the above said facts, the points for arise for our consideration in the case are:

1. Whether the complainant is a consumer as per Consumer Protection Act 1986?
2. Whether the Complainant proved that the Opposite Party committed deficiency in service?
3. If so, whether the Complainant is entitled for any of the reliefs claimed?
4. What order?

        We have considered the arguments submitted by the complainant and considered the materials, placed before the Fora and answered the points are as follows:

                              Point No. (i) : Affirmative

                              Point No. (ii) : Affirmative

                             Point No. (iii): As per the final order.

REASONS

V.   POINTS No. (i) and (iii):  The complainant in order to substantiate the averments made in the complaint filed affidavit supported by the documents.  The Ex C1 is the original endorsement issued by the Opposite Party.  The Ex C2 is the office copy of the legal notice issued by the complainant. The Ex.C3 is the original postal acknowledgment.

The material evidence placed by the complaint is proved that the complainant paid amount for pigmy as per Ex.C1 when the Opposite Party refused to pay the pigmy amount of Rs.48,000/ the complainant issued legal notice as per Ex.C2 and the said notice served to the Opposite Party as per Ex.C3. The entire evidence placed by the complainant not contradicted nor controverted by the Opposite Party, which requires no further proof.

  In the present case the complainant is a consumer under section 2 (c) (iii) of C.P. Act, which reads thus:

 C) complaint means any allegation in writing made by a complainant that,

iii) (The services hired or availed of or agreed to be hired or availed of by him) suffer from deficiency in any respect.

The complainant herein paid pigmy amount of Rs.48,000/ to the Opposite Party is proved as per Ex.C1 but Opposite Party not refunded the money as promised.  Which amounts to be deficiency in service.  Therefore Opposite Party is liable to pay the amount paid by the complainant is justified.  As such answer in the point No.1 to 3 is affirmative. In view of the above said reasons, we hold that the Opposite Party shall to pay the total pigmy amount of Rs. 48,000/ along with 9% interest from the date of 25.11.2016 and also pay of Rs. 10,000/ towards the compensation, Further pay Rs. 5,000/ as litigation expenses.

In the result, accordingly we pass the following Order:

ORDER

The complaint is allowed.  Opposite Party shall pay the total pigmy amount of Rs.48,000/ (Rupees Forty eight thousand only) along with 9% interest from 25.11.2016 and also pay of Rs.10,000/ (Rupees ten thousand only) towards the compensation, Further pay Rs.5,000/ (Rupees five thousand only) as litigation expenses. Payment shall be made within 30 days from the date of this order.

          In case of failure to pay the above mentioned amount with in the stipulated time, the opposite parties are directed to pay interest at the rate of 9% per annum on the above said total amount from the date of failure till the date of payment.

            Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.

(Page No.1 to 6 directly dictated by Member to the Stenographer typed by him, revised and pronounced in the open court on this the 22^nd May 2017)

             MEMBER                                        PRESIDENT

      (LAVANYA M RAI)                    (VISHWESHWARA BHAT D)

D.K. District Consumer Forum            D.K. District Consumer Forum

             Mangalore                                       Mangalore

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1  Sri. Ganesh D,

Documents marked on behalf of the Complainant:

Ex.C1: 25.11.2016: Original endorsement issued by the Opposite Party.

Ex.C2: 29.12.2016: Office copy of the legal notice issued by the complainant.

Ex.C3: 30.12.2016: Original postal acknowledgement.

Witnesses examined on behalf of the Opposite Party:

Nil

Documents marked on behalf of the Opposite Party:

Nil

Dated: 22.05.2017                                    MEMBER