BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.794/2015

DATED ON THIS THE 12^th May 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to opposite party to refund Rs.1,23,000/- policy amount with interest at 18% p.a. with compensation of Rs.50,000/- and litigation expenses of Rs.10,000/- and other reliefs.
2.     The brief facts alleged in the complaint are that the opposite party company was engaged mainly in real estate business and offered to customers by means of advertisement to allot Farms, Plot, site etc., otherwise to return the subscription with huge profits.  Thereby, the complainant become a customer of opposite party company by paying Rs.300/- for a policy.  As per the agreement, the complainant has to pay EMI Rs.7,500/- for a period of 5 years and opposite party has assured to get plot worth of Rs.3,07,500/- or in the alternative, repay the maturity value.  Thereby, the complainant has remitted a sum of Rs.1,23,000/- from 18.10.2012 to 18.02.2014 in 17 installments.
3.     In the month of March 2014, Head Office of opposite party was closed in Andra Pradesh.  Then the opposite party assured to settle the amount, on the ground that Telangana State Bifurcation issue and company audit inspection.  The complainant has waited till 10.10.2015 even then opposite party did not repay the amount, it amounts to deficiency in service. Hence, complaint is filed.
4.    After registering the complaint, notice was ordered to the opposite party, opposite party served with notice absent, placed exparte.  Then this matter is set down for evidence.
5.    During evidence, the complainant has filed his affidavit evidence along with documents and further evidence closed.  After hearing arguments, this matter is set down for orders.
6.      The points arose for our consideration are:-

1. Whether the complainant establishes that the opposite party has received a sum of Rs.1,23,000/- and failed to continue its business as assured, thereby there is deficiency in service, as such complainant is entitled for the reliefs claimed?
2.  To What order?

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

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

:: R E A S O N S ::

8.    Point No.1:- To establish that the case, the complainant has filed affidavit evidence relating to the allegations made in the complaint to the effect that he become the customer of opposite party by paying Rs.300/- for a policy and the opposite party assured to allot Farms, Plots, sites, etc., otherwise amount will be refunded with huge profits.  In view of the said assurance, the complainant has agreed to deposit EMI at the rate of Rs.7,500/- PM for a period of 5 years.  The opposite party has agreed to get agricultural plot for Rs.3,07,50/- or else amount will be paid after maturity.  But, during March 2014 itself, the company was closed there were no body answer the claim.  Thereby, there is deficiency in service on the part of opposite party and as such, the complainant has sought for the reliefs.
9.    To establish the payments, the complainant has placed the receipts issued by the opposite party for having received Rs.1,23,000/- on different months.  The scheme is not completed.  But, the opposite party did not receive further instalments or failed in allotting property.  Thereby, there is deficiency in service on the part of opposite party, complainant has to be suitably compensated.  The prayer of the complainant is to the effect that the amount deposited by him is to be refunded with interest at 18% p.a., compensation of Rs.50,000/- and Rs.10,000/- towards litigation expenses.  Taking into consideration, the prayer made and investment made by the complainant, it is a fit case to direct the opposite party to refund Rs.1,23,000/- with interest at 18% p.a. from the date of last payment i.e. 18.02.2014 till payment and complainant is also entitled for compensation of Rs.25,000/- and litigation expenses of Rs.2,000/-.  Accordingly, Point No.1 is answered partly in the affirmative.
10. Point No.2:- In view of the findings recorded on point No.1, it is a fit case to direct the opposite party to refund Rs.1,23,000/- with interest at 18% p.a. from the date of last payment i.e.18.02.2014 till payment with compensation of Rs.25,000/- and litigation expenses of Rs.2,000/-.     Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to refund Rs.1,23,000/- with interest at 18% p.a. from 18.02.2014 till payment. 
3. The opposite party is hereby directed to pay compensation of Rs.25,000/- with litigation expenses of Rs.2,000/- to the complainant in 60 days, failing which the said total sum of Rs.27,000/- shall carry interest at 12% p.a. from the date of complaint i.e. 09.02.2015 till payment.
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. 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 this the 12^th May 2017)