Date of Filing: 01/07/2017
Date of Order: 06/02/2018
BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE - 27.
Dated: 06th DAY OF FEBRUARY 2018
PRESENT
KUM. T. SHOBHADEVI, M.A., LL.B., PRESIDENT
SRI.H.JANARDHAN,B.A.L, LL.B., MEMBER
SMT.BHARATI.B.VIBHUTE, B.E(I.P.) LL.B., MEMBER
COMPLAINT NO.1816/2017
COMPLAINANT/S | | |
| 1 | Mr.Mahesh N.Dewani, Aged about 59 years, S/o Naraindas Dewani, |
| 2 | Smt.Naina M.Dewani, Aged about 52 years, W/o Mahesh N Dewani, Both are R/at Flat No.C-41, Centruy Corbel, Behind ICICI Bank, Sahakaranagar Main Road, Bangalore-560 092. (By Sri P.U.R adv. for complainants) |
V/s
OPPOSITE PARTY/IES | | |
| 1 | M/s Unitech Ltd., Registered Office, No.6, Community Center, Saketh, New Delhi-110017. Present Address Unitech Limited, Unitech House ‘L’ Block, South City-1, Gurgaon 122001, Haryana, Represented by its, Chairman And Managing Director. |
| 2 | The Manager, Unitech Ltd., Branch Office, C-1 & 2, 134/1, Jyothi Complex, Infantry Road, Bangalore 560 001. (O.P.No.1 and 2 : Exparte) |
ORDER
BY SRI.H.JANARDHAN, MEMBER
1. 1. This is the complaint filed under section 12 of the C.P. Act 1986 alleging the deficiency in service against the Opposite parties and prays for orders to direct the O.Ps to refund maturity amount of Rs.5,50,000/- along with interest at the rate of 12.50% per annum from 19.05.2015 till realization and also prays to directed the O.Ps to pay a sum of Rs.1,00,000/- towards cost of litigation, compensation and for mental agony and hardship.
2. The brief facts of the case is that,
The O.P.No.1 is a company represented by its Managing Director and O.P.No.2 is branch office situated at Bengaluru, through whom the fixed deposit was issued to the complainants. Complainants have invested a sum of Rs.2,00,000/- vide deposit receipt No.1187168 and another deposit of Rs.2,00,000/- through deposit receipt no. 1187165 which was deposited with the O.P on 19.05.2012 and the Fixed deposits were to be matured on 19.05.2015 repayable together along with interest at the rate of 12.50% per annum. The complainants after maturity of the said fixed deposits communicated to the O.P several times for the withdrawal of the said amount but however, till today the said amount is not released to the complainant, though the amount was matured on 19.05.2015. As there is no source of income to meet the complainants domestic expenses and the Fixed Deposit amount is the hard earned savings laying with O.P and O.P is bound to refund the matured amount. Though the complainants made several requests and also on the issuance of notice O.Ps did not repay the fixed deposit amount to the complainants, being aggrieved lastly the complainants got issued a legal notice dated 14.06.2016 but inspite of service of notice O.P did not repay the fixed deposit which was with the O.Ps and the attitude of the O.Ps complainants left with no other option filed this complaint.
3. Upon service of notice O.P.No.2 remained absent and the complainants by filing a memo with affidavit along with track record shown that the notice sent to O.P.No.1 was duly served and hence O.P.No.1 also placed exparte.
4. Perused the evidence and documents furnished by the complainants. Heard arguments.
5. The points that arise for our consideration are:
1. Whether the complainants have proved deficiency in service on the part of the Opposite parties?
2. Whether the complainants are entitled for compensation?
3. What order and relief?
6. Our answers to the above points:
POINT (A): In the affirmative.
POINT (B): In the partly affirmative.
POINT (C): As per the final order
for the following:
REASONS
POINT No. (A) & (B):-
7. On perusing averments made in the complaint, it reveals that the complainants have invested his hard earned money with the O.ps through Fixed Deposits bearing No. 1187168 and 1187165 for an amount of Rs.2,00,000/- each and the fixed deposits which were deposited with the O.Ps got matured on 19.05.2015 and the fixed deposits which were deposited was to be refunded by the O.Ps along with interest at the rate of 12.50% per annum, but though the fixed deposit got matured, the O.Ps for the reasons best known to them did not refund the same to the complainants. But the notice sent by this forum also was duly served on the O.Ps but O.Ps remained absent and as such we have no other option just to believe the allegations made in the complaint. Furthermore after maturity of the said amount the complainants made several requests to refund the deposited amount with the O.Ps but the O.Ps did not refund the same and it is nothing but deficiency in service on their part and also it is unfair trade practice adopted by the O.ps.
8. Further when once the Fixed Deposit got matured it is the duty to return the deposited amount in question to the complainants but the O.P did not return the same to the complainant and as such the complainants are entitle for their hard earned money which he has invested with the O.ps and to illicit the same the complainant has produced copy of the Fixed Deposit Receipt on in ink page No.5 and 6 of his complaint and also the complainant made communication to return the fixed deposit amounts to the complainant and also postal acknowledges to show that the complainant has sent a notice to O.Ps to release the said amount, the complainant has made several attempts to get the refund of the fixed deposit amount in question. And till the repayment of the Fixed Deposit amount in question the cause of action is continuous one and as such the question of limitation does not arise. Therefore, the O.Ps for one reason or other did not refund the amount in question and as such there is clear deficiency in service on the part of the O.ps and non-refunding of the amount is nothing but involving in the unfair trade practice and furthermore the law mandates that no one should be enriched at the cost of others . O.Ps made the complainants to run from pillar to post and hence complainants are entitled for the refund of the amount of Rs.4,00,000/- along with interest at the rate of 12,50% per annum from the date of fixed deposit till realization and Rs.5,000/- towards cost of the proceedings and it will meet the ends of justice. Accordingly, we answered the Point No.(A) in the affirmative and Point No.(B) in the partly affirmative.
POINT (C):
9. On the basis of answering the Points (A) & (B), in the result, we proceed to pass the following:-
ORDER
- The complaint is allowed in part with cost.
2. The Ops No.1 and 2 are jointly and severally hereby directed to refund the maturity amount of Rs.4,00,000/- along with interest at the rate of 12,50% per annum from the date of fixed deposit till realization to the complainants.
3. Further O.P No.1 and 2 are hereby directed to pay Rs.5,000/- towards the cost of the litigation expenses.
4. The O.P No.1 and 2 are hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order and submit the compliance report to this forum within 45 days from the date of receipt of this order.
5. Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 06th Day of February 2018)
MEMBER MEMBER PRESIDENT
*RAK
