Karnataka

Chamrajnagar

CC/29/2016

Shri.Vasu Dev - Complainant(s)

Versus

Green Buds Agro Farm Ltd., - Opp.Party(s)

Mr.S.N

18 Aug 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHAMARAJANAGAR

 

PRESENT:- 1) SRI K.L.SHIVALINGE GOWDA, B.Sc., B.ED., LL.B.,                     PRESIDENT                   2) GOWRAMMANNI, B.AL., LL.B., LADY MEMBER
ORDER   C.C.No.29/2016   DATED 18th August 2017
Vasudev S/o Kullamadaiah Erasavadi village and post Chamarajanagara Dist.   (Sri.Nanjundaiah, Advocate)	COMPLAINANT/S
V/S
The Managing Director, Green Buds Agro Farm Ltd., #73/B, 3rd Stage, Maddesha Complex, Malemahadeshwara Main Road, Nazarbad, Mysore-10                 (Sri Naveen.R, Adv.) The Manager, Green Buds Agro Farm Ltd., Chamarajanagar Branch, Chamarajanagar-13	OPPOSITE PARTY/S

 

 

SRI K.L.SHIVALINGE GOWDA,

PRESIDENT

 

1. The complainant has filed this complaint against the O.Ps. alleging deficiency of service. 
2. The complainant’s case in brief are that, he has purchased unit bearing No.D41359 from Opposite parties by paying Rs.10/- per day.  He has paid in all 750 days and they have agreed to pay 10% bonus per year. The said unit matured on 21.11.2013. After maturity, the complainant has surrendered the unit and requested the Opposite parties to pay matured amount of Rs.9,000/-, which they have not paid inspite of several requests.
3. After service of notice, OP.2 did not appeared before this forum.  Hence he has been placed Ex.parte. OP.1 appeared before the Forum through their counsel.  But inspite of several opportunities given to him he did not file his version. Hence the case is posted for evidence. The Complainant has filed the affidavit by way of evidence.
4. The following points arises for consideration.
   1. Whether the complainant has shown deficiency of service committed by the O.Ps.?
   2. To what order the parties are entitled?
5. The findings for the above points are that

Point No.1        :         Partly Affirmative.

Point No.2        :         As per order.

REASONS

6. POINT NO.1:- It is the case of the complainant that, he has purchased unit bearing No.D41359 from Opposite parties by paying Rs.10/- per day.  He has paid in all 750 days installments and they have agreed to pay 10% bonus per year. The said unit matured on 21.11.2013. After maturity, the complainant has surrendered the unit and requested the Opposite parties to pay matured amount of Rs.9,000/-, which they have not paid inspite of several requests.
7. The document i.e., original Acknowledgment receipt produced by the complainant discloses that he has paid in all 750 days at the rate of Rs.10/- per day and further it discloses with respect to the surrendering of the unit, amount due to the complainant from the O.Ps. The O.Ps. have not paid amount, thereby there is deficiency of service by the O.Ps. to the complainant.
8. The complainant has filed his affidavit in lieu of the evidence in examination-in-chief where-in he has reiterated the averments and allegations made in complaint. It has supported the case of the complainant to the effect that the O.Ps. have failed to pay the maturity amount,  inspite-of several requests and demands made by the complainant. The evidence by way of affidavit and documents adduced before the court remained unchallenged.  Therefore, nothing on record to disbelieve the evidence given by the complainant. Eventhough the O.P.1 appeared before the forum through their counsel but they have not come forward to oppose the petition and they have not adduced any evidence to disbelieve and to discard the evidence of the complainant. Hence we are of the opinion that the complainant has established that the O.Ps. have committed deficiency of service by not paying the maturity amount as promised and agreed by the O.Ps. However, the rate of interest sought by the complainant is seem to be reasonable, though the complainant has enabled for maturity amount as well as reasonable interest at the rate of 10% p.a. from the date of surrendering the bond to the opponent. Accordingly, we answered the point no.1 partly affirmative.
9. POINT NO.2:-The complainant is entitled for matured amount of Rs.9,000/- along with interest at 10% p.a. from 21.11.2013 till its realization. The complainant is also entitled for compensation of Rs.2,000/- and Rs.1,000/- being the cost of the proceedings from the O.Ps.
10. In view of the decision taken on point no.1 above we proceed to pass following

ORDER

1. The complaint is allowed in part.
2. The complainant is entitled for matured amount of Rs.9,000/- along with interest at 10% p.a. from 21.11.2013 till its repayment from the O.Ps. jointly and severally.
3. The O.Ps. are directed to comply with the order within 02 months from the date of this order failing which the complainant is also at liberty to file criminal case against the opponents for the offence punishable under section 27 of Consumer Protection Act, 1986 for imprisonment as well as fine.
4. The complainant is also entitled for Rs.2,000/- being the compensation and  Rs.1,000/- being the cost of the proceeding from the O.Ps.
5. Issue copy of the order to both parties free of cost.

(Dictated to the stenographer, transcribed by him, corrected by me and then pronounced in open Forum on this the 18^th  day of August 2017)

 

                                                  

(K.L.SHIVALINGE GOWDA) PRESIDENT
	(GOWRAMMANNI) LADY MEMBER

 

 

 

 

 

 

 

ANNEXURE

SL. NO.	PARTICULARS	DATE OF FILED
EVIDENCES LIST IN FAVOUR OF THE COMPLAINANT
	Affidavit of CW-1 Vasudeva	31.07.2017
EVIDENCES LIST IN FAVOUR OF THE OPPOSITE PARTIES
Nil

 

DOCUMENTS LIST IN FAVOUR OF THE COMPLAINANT

SL. NO.	NAME OF THE DOCUMENT	DATE OF DOCUMENT FILED
	Original Acknowledgment receipt	14.01.2016

 

DOCUMENTS LIST IN FAVOUR OF THE OPPOSITE PARTIES

SL. NO.	NAME OF THE DOCUMENT	DATE OF DOCUMENT FILED
NIL

 

 

 

(K.L.SHIVALINGE GOWDA) PRESIDENT
	(GOWRAMMANNI) LADY MEMBER