CONSUMER COMPLAINT NO.392/2009

Between:

Bokka Siva Sankar

S/o Satyanarayana, Hindu, male,

Aged 24 years, Undrajavaram village

And Mandal, W.G.Dist., -- Complainant



And



Venkataraya Enterprises

Rep., by its Managing Director

Sri.Mullapudi Harichandra Prasad

Opp: Polytechnic, R.P. Road, Tanuku

W.G. Dist., -- Opposite Party

This complaint coming before us for final hearing on 27-11-2009 and on perusing the Complaint and other material papers on record and on hearing the arguments of the complainant appeared in person and Sri. 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

(Per Sri. B. Apparao, Member)

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 two fixed deposits ie., 1) FDR.No.3359/869 for Rs.28,000/- and 2) FDR.No.1089/541 for Rs.25,313/- and the said two FDR matured on 23-2-2008 and 31-3-2008 carrying the maturity values at Rs.28,000/- and Rs.25,313/- respectively. After the date of the maturity of the above said deposits, the complainant approached the opposite party and requested for payment of the matured value of the said FDR by surrendering the original FDR bonds and the opposite party in turn issued receipt bearing Nos. 5236 and 5490 evidencing the receipt of the original FDRs and assured payment. Subsequently, in spite of repeated requests made by the complainant the opposite party has failed to pay the amounts payable under the above said FDRs till date. Due to non-payment of the FDR amount the complainant is suffering. Hence the complaint.

2. It is prayed to direct the opposite party to pay the matured value of Fixed deposits amount of Rs.53,313/- under FDRs with subsequent interest at 18% pa., from the date of maturity till realization, Rs.5,000/- towards compensation and Rs.1,000/- towards costs.

3. The opposite party received the notice of the complaint and appeared by engaging an advocate on its behalf but despite sufficient time given, failed to file its version.

4. In support of his case, the complainant filed his own affidavit and relied upon documents marked as Ex A.1 and Ex A.2. 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;

1) Whether the complainant could prove his case as alleged in the complaint ?

2) Whether the complainant is entitled to the reliefs ?

Point No. 1 :

As seen from the documentary evidence on hand, the complainant made two fixed deposits with the Opposite Party and the said deposits matured carrying the maturity values at Rs.28,000/- and Rs.25,313/- under Ex A.1 and Ex A.2/Acknowledgements. It is also evident that the opposite party assured payment of the maturity value of the FDRs by duly passing the acknowledgement receipts bearing No. 5236 worth Rs.28,000/- under Ex A.1 and No.5490 worth Rs.25,313/- under Ex A.2. It is the duty of the opposite party to pay the value of the FDRs as and when the deposits matured, but the silence on the part of the Opposite Party in not paying the maturity value of the FDRs even after the date of maturity constitutes the deficiency in service. In the absence of any plea from the side of the opposite party, the case of the complainant deserves to be accepted. 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 deposits under Ex A.1 and Ex A.2/Acknowledgement Receipts with interest at the contracted rate on the matured value from the date of maturity till the date of realization and also pay Rs.3000/-(Rupees three thousands only) towards compensation for mental agony 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.

Typed to my dictation, corrected and pronounced by us in the open Forum this the 30th day of November, 2009.

CONSUMER COMPLAINT NO.338/2009

Between:


Gunupudi Mutyumamba

W/o Visweswara Rao

Hindu, female, aged 70 years, 27th ward

D.No.2-2-20, L.R.Pet, Palakole, W.G.Dist., -- Complainant
And
Sri. Venkataraya Enterprises

Rep., by its Managing Partner

Sri.Mullapudi Harichandra Prasad

Opp: Polytechnic, R.P. Road, Tanuku

W.G. Dist., -- Opposite Party

This complaint coming before us for final hearing on 26-11-2009 and on perusing the Complaint and other material papers on record and on hearing the arguments of Sri. P.C. Chand, Advocate for the complainant and Sri. 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 two fixed deposits ie., 1) FDR.No.3286/1948 for Rs.30,000/- and 2) FDR.No.2803(P.G.No.1511 & 5421) for Rs.60,000/- and the said two FDR matured on 16-1-2009 and 6-3-2009 respectively. After the date of the maturity of the above said deposits, the complainant approached the opposite party and requested for payment of the matured value of the said FDR by surrendering the original FDR. Subsequently, in spite of repeated requests made by the complainant the opposite party has failed to pay the amounts payable under the above said FDRs till date. Due to non-payment of the FDR amount the complainant is suffering. Hence the complaint.

2. It is prayed to direct the opposite party to pay the matured value of Fixed deposits amount of Rs.90,000/- under FDRs with subsequent interest at 12% pa., from the date of maturity till realization, Rs.20,000/- towards compensation and costs.

3. The opposite party received the notice of the complaint and appeared by engaging an advocate on its behalf but despite sufficient time given, failed to file its version.

4. In support of her case, the complainant filed her own affidavit and relied upon documents marked as Ex A.1 and Ex A.2. 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;

1) Whether the complainant could prove her case as alleged in the complaint ?

2) Whether the complainant is entitled to the reliefs ?

Point No. 1 :

As seen from the documentary evidence on hand, the complainant made two fixed deposits with the Opposite Party and the said deposits matured carrying the maturity values at Rs.30,000/- and Rs.60,000/- - under Ex A.1 and Ex A.2/Acknowledgements. It is also evident that the opposite party assured payment of the maturity value of the FDRs by duly passing the acknowledgement receipts bearing No. 6988 worth Rs.30,000/- under Ex A.1 and No.7436 worth Rs.60,000/- under Ex A.2. It is the duty of the opposite party to pay the value of the FDRs as and when the deposits matured, but the silence on the part of the Opposite Party in not paying the maturity value of the FDRs even after the date of maturity constitutes the deficiency in service. In the absence of any plea from the side of the opposite party, the case of the complainant deserves to be accepted. 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 deposits under Ex A.1 and Ex A.2/Acknowledgement Receipts with interest at the contracted rate on the matured value from the date of maturity till the date of realization and also pay Rs.3000/-(Rupees three thousands only) towards compensation for mental agony 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.

Typed to my dictation, corrected and pronounced by us in the open Forum this the 30th day of November, 2009.