BEFORE THE ADDITIONAL BENCH DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT MYSURU.

Consumer Complaint (C.C.)No. 926/2016

Complaint filed on 05.01.2016

Date of Judgement.24.11.2017

PRESENT                      :         1. Shri Ramachandra  M.S.,  B.A., LL.B.,

                                                PRESIDENT

2. Shri  Thammanna,Y.S., B.Sc., LL.B.,

MEMBER

Complainant/s       :               Smt.Bharathi

                                                W/o Swamy Gowda

                                                Aged about 36 years,

Balmuri road,

Belgogla, Srirangapatna Taluk,

Mandya District.

 (Sri V.Ravi Kumar., Advocate)

  V/s

Opponent        /s             :         B.L. Ravindranath,

S/o Late B.L. Lakshmegowda,

Aged about 43 years,  

Managing Director,

M/s Green Buds Agro Farms Ltd.(R),

No. 73, Mahadeshwara Temple road,

3rd floor, Madwesha Complex,

Nazarbad, Mysore-570010.

(Exparte)                                                                                                

   SHRI RAMACHANDRA . M.S.,

   PRESIDENT

JUDGEMENT

The complaint filed under section 12 of Consumer Protection Act for the recovery of Pigmy amount and such other relief.

2. The brief facts of the complainant is that the opposite party being financial registered company collected RD from public to invest the funds on agricultural activities  under three scheme. 1(RD) ,2(FD)  and 3(Pigmy) The complainant has also agreed and deposited Pigmy in A/C No. 363872 amount of Rs. 30,000/-. but subsequently opposite party has not repaid the Pigmy amount to the complainant. By way of this transaction between complainant and opposite party. Complainant became consumer and opposite party is service provider. Hence this complaint is filed seeking the relief to refund the deposited amount and other relief as prayed in complaint.

3. The notice to the opposite party duly served remained absent placed exparte.

4. The complainant filed chief examination, affidavit, and documents in support of her contention heard arguments, reserved for orders.

5. The points that arise for our consideration are;-

1. Whether the complainant established that she has deposited Pigmy amount and also proves that opposite party has failed to repay the same with interest. and thereby there is deficiency in service, as such complainant is entitle for the relief as claimed in this complainant?
2. What order?

6. Our answer to the above points is as follows;

     Point No.1:  In the affirmative

Point No.2: As per final order for the following;

REASONS

07 . Point No.1:- The complainant has filed affidavit by reiterating the allegation made in the complaint as against opposite party. As per the sworn statement by way of affidavit. Complainant by believing the words of opposite party and also trusting financial schemes of opposite party. The complainant deposited Pigmy amount of Rs.30,000/- complainant paid the Pigmy  amount to the opposite party for which opposite party issued Pigmy acknowledgement receipt. In spite of it opposite party did not repay the Pigmy amount to the complainant. These facts is proved by the complainant with material documentary evidence. These facts is not been denied by the opposite party.

8. Thereafter, Opposite party financial institution was closed in spite of several request, the opposite party has not paid either principle amount deposited by the complainant or interest and bonus as agreed between these  two.

9. Thereafter from these facts the complainant established her complaint beyond reasonable doubt, thereby complainant has made out her case, that the opposite party committed deficiency in service on his part on account of that the complainant is entitle for the relief as claimed in the complaint.

10. Wherefore in view of above discussion we are of the opinion that the complaint has proved the deficiency in service on the part of opposite party for which opposite party is liable to pay the lawful claims of complainant and also entitle for other reliefs.

11. According to this forum we answered Point no.1 in the affirmative. and pass the following:

12. Point no.2:- For the above discussion we here by proceed to pass the following:

ORDER

1. The complaint is hereby allowed in part.
2. The opposite party is directed to pay Pigmy amount of Rs 30,000/-to the complainant within 60 days of this order with interest at the rate of 18% p.a from the date 05.01.2016  to till payment made.
3. The opposite party is directed to pay compensation of Rs. 5,000/- and Rs. 5,000/- towards cost of proceedings to the complainant within 60 days of this orders.
4. In default to comply the above order opposite party shall pay interest on the said amount of 10,000/- at the rate of 10% p.a. from the date of order till payment made.

5. In case of default to comply this order, the opposite party shall    undergo imprisonment and also liable for fine under section 27 of

     the CP Act, 1986.

6.Give the copies of this order to the parties, as per Rules

(Dictated to the stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on the 24^th  November 2017)  

Shri Thammanna Y.S.,                                 Shri Ramachandra M.S.,    

          Member.                                                             President.