DATED THIS THE 17th DAY OF NOVEMBER 2009.



Date of filing :01-10-2009

Date of receipt of notice by Opposite Party/ies 1.05-10-09.

2.05-10-09.

PRESENT :SRI.M.S.HEGDE NAGRE, PRESIDENT.,M.A.,LL.B.,(Spl).

SRI.K.S.PRASAD, B.Com.,LL.B., MEMBER.

SMT.A.S.HEMALATHA, M.Com.,LL.B., MEMBER.

C.C.70/2009



COMPLAINANT:



Smt. Devaki

W/o Vittala, Residing at Forest

Quarters, Near Raghavendra

Temple, Madikeri City Madikeri,

Kodagu District.



(By Sri.M.K.Arun Kumar, Advocate)



V/S
OPPOSITE PARTY/IES.



1. The General Manager,

Guru Teak Investment

(Mysore) Pvt. ,Ltd., Head

Office:464, Veena Complex,

2nd Floor, 3rd Block,

Basaveshwara Nagar, Near

Pavithra Paradise,

Bangalore-79.



2. The General Manager,

Guru Teak Investments

(Mysore) Pvt. Ltd., Pooja

Arcade, Junior College Road,

Madikeri City Madikeri.



(Exparte)
O R D E R



ORDER DELIVERED BY SRI.M.S. HEGDE NAGRE, PRESIDENT.



1. This complaint has been filed by the Complainant U/S 12 of Consumer Protection Act 1986 (Herein after referred to in short as the ‘Act’).



The averments of the Complaint in brief, are that in the year 2003 the Complainant has joined the ‘Teak C2-5 years plan’ of the opponents by depositing Rs.25,000/- agreeing to the terms and conditions of the said plan and that on maturity of the same, the Opposite Parties have issued a post dated cheque No:231027 dtd:30/11/2008 on Axis Bank Ltd., Basaveshwara Nagar Branch, Bangalore for payable sum of Rs.33,188/- under an agreement. However, the said cheque was dishonored with an endorsement as “no sufficient funds”, when the Complainant has presented the said cheque for encashment through her account on 05.12.2008 and hence, the Complainant got issued a legal notice dated:18.08.2009 to the Opposite Parties calling upon them to make the payment of the said amount shown in the cheque. But the Opposite Parties have not responded to the same which amounts to deficiency in service and hence, Complainant has filed this Complaint requesting to direct the Opposite Parties to pay the said sum of Rs.33,188/- together with Bank interest thereon and to pay a sum Rs.10,000/- towards compensation for having suffered mental agony and hardship and for costs and such other reliefs the Forum deems fit to grant in the interest of justice and equity.



2. The Opposite Parties since remained absent inspite of proper service of the version notice issued by the Forum, were placed exparte. The Complainant has filed her affidavit in consonance with the Complaint averments. Heard the arguments and then posted case for orders.



3. Basing on the above materials following issues will arise for determination:



1) Whether the non payment of the amount shown in the cheque (Due to dishonor of the same) on the part of the Opposite Parties amount to deficiency in service?



2) What order?



REASONS

4. It is the case as set forth by the Complainant that she joined Teak C2-5 years plan of the Opposite Parties by depositing Rs.25,000/- in the year 2003 and the same has been matured for Rs.33,000/-. Further, it is the say of the Complainant that on its maturity, the both parties have entered into an agreement that the Opposite Parties will issue a post dated cheque for Rs.33,188/- dated:30/11/2008 on Axis Bank Ltd., Basaveshwara Nagar Branch, Bangalore, in favour of the Complainant (i.e. for a period one year after maturity of the above said Teak plan of the Opposite Parties). Further, it is the firm stand of the Complainant that the Opposite Parties since did not pay the said cheque amount in time she has forwarded the said cheque through her account for encashment on 05.12.2008. But surprisingly, the said cheque was dishonored and returned with an endorsement as “no sufficient fund”. The Complainant has produced the copy of the agreement as well as the original cheque & bank slip dated:16.12.2008. Apart from that the Opposite Parties have failed to appear in the instant case also to put forth their say inspite of the version notice duly served on them, and thereby remained exparte. Under the circumstances, the Forum has no other way except to believe the say of the Complainant. The materials placed by the Complainant certainly support the stand taken by her in the Complaint. Therefore, the Forum has no impediment to hold that, there was deficiency in service on the part of the Opposite Parties due to dishonor of cheque issued by them in favour of the Complainant. Moreover, the Opposite Parties have failed to respond to the legal notice, got issued by the Complainant which amounts implied admission of the contents of the notice also. Hence, we answer issue No:1 in the affirmative.



5. The finding in detail under issue No:1 and the conclusions arrived at there under lead us to hold that the Opposite Parties are liable to pay the cheque amount of Rs.33,188/- to the Complainant (as the said cheque was ultimately dishonored). Apart from that the mental agony and hardship caused to the Complainant on account of non payment of the amount mentioned in the cheque to be considered. In this connection, we are of the considered view that a sum of Rs.4,000/- if awarded as compensation it would meet the ends of justice. Likewise the conduct of the Opposite Parties since made the Complaint to approached this Forum for remedy provided under law, certainly the Complainant becomes entitled to the cost of Rs.2,000/-. It is also necessary to award future interest at the rate of 10% p.a. from the date of complaint till realization. Hence, we proceed to pass the following.



ORDER



The Complaint filed by the Complainant is allowed in part with cost of Rs.2,000/-. The Opposite Parties 1 & 2 jointly and severally shall pay a sum of Rs.33,188/- and a sum Rs.4,000/- towards compensation.



The payable amount under this order shall carry future interest at the rate of 10% p.a. from the date of Complaint till realization.



The Opposite Parties shall comply the order within a period of 60 days from the date of the communication of this order.



Communicate the order to the parties.



(Dictated to the stenographer and got it transcribed and corrected and pronounced in the open Forum on this 17th day of November 2009).