CONSUMER COMPLAINT NO.290/2008

Between:

Doddipatla Giri Kumari , D/o Siva Prasadarao, D.No.22-3-10
Sivapriya Building, Co-Axial Road
Tanuku. -- Complainant

And

Dr. Mullapudi Harichandra Prasad, Managing Director ,Venkataraya Enterprises
Opp. Polytechnic, R.P. Road, Tanuku. -- Opposite Party
This complaint coming before us for final hearing on 25-3-2009 and on perusing the Complaint and other material papers on record and on hearing the arguments of Sri. D.Siva Kumar Sastry, Advocate for the complainant and P.P.C. Joshi, Advocate for the Opposite Party and the matter having stood over for consideration to this day, this forum made the following:-

O R D E R

This is a complaint filed under Sec. 12 of C.P. Act. The case of the complainant is that the opposite party is carrying on Finance business under the name and style of Venkataraya Enterprises, Tanuku. The complainant claimed to have made a fixed deposit of Rs.1,00,000/- with the Opposite Party and the maturity date of the said deposit was 28-4-2007. After maturity, the complainant approached the opposite party and requested for payment of the matured value of the said FDR but the opposite party failed to pay the amount payable under the said FDR. As such, the complainant got issued a legal notice on 27-8-2008 demanding payment of the matured value of the said FDR but the opposite party having received the same failed to give reply and till date the opposite party has not paid any single pie. Hence the complaint.
2. It is prayed to direct the opposite party to pay the matured value of Fixed deposit amount of Rs.1,12,000/- with subsequent interest from 29-4-2007 till realisation, Rs.10,000/- towards damages and costs.
3.The opposite party received the notice of the complaint and appeared by engaging an advocate on his behalf but despite sufficient time given, failed to file his version.

4.In support of her case, the complainant filed her own affidavit and relied upon documents marked as Ex A.1 to A.3. Opposite party has not filed affidavit pleading and no document is marked on his side.
5. Arguments of the complainant heard.
6. Now the points for consideration are;
i)Whether the complainant could prove his case as alleged in the complaint ?

ii)Whether the complainant is entitled to the reliefs ?
Point No. 1 :
As seen from the documentary evidence on hand, the complainant made a fixed deposit of Rs.1,00,000/-with the Opposite Party under Ex A.1 and the said deposit matured on 28-4-2007 carrying the maturity value at Rs.1,12,000/- and it is ripe for payment. It is evident that the Complainant also demanded the opposite party for the payment of the maturity value of the said FDR through legal notice i.e. Ex A.2. Ex.A-3/Postal acknowledgement proves that the opposite party received, but failed either to give reply or to pay the maturity value covered under the said deposit made by the complainant. The silence on the part of the Opposite Party in spite of registered notice Ex A.2 got issued by complainant proves the deficiency in service. The affidavit testimony, the complaint and the documents tendered in evidence, remained unrebutted and unchallenged. The complaint is therefore held proved. Point No: 1 is answered accordingly.
Point No: 2
In view of finding on point No:1 the complainant is entitled to the relief.

In the result, the compliant is allowed. The opposite party is directed to pay the maturity value of fixed deposit under Ex A.1/FDR with interest at the contracted rate on the matured value from the date of maturity till the date of realization and also pay Rs.5,000/- towards compensation along with a sum of Rs.500/- (Rupees five hundred only) towards costs to the complainant within one month from the date of due dispatch of free copy of this order.