Karnataka

Bangalore 4th Additional

CC/695/2016

Purple Zebra Ideas Pvt Ltd - Complainant(s)

Versus

Unitech Limited and Others - Opp.Party(s)

30 Dec 2017

ORDER

Complaint filed on: 06.05.2016

                                                      Disposed on: 30.12.2017

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.695/2016

DATED THIS THE 30^th DECEMBER OF 2017

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SRI.D.SURESH, MEMBER

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

M/s.Purple Zebra Ideas Pvt ltd., 151, Udani layout,

Cambridge Road,

Ulsoor, Bengaluru-08.

Rep. by Sri.Rajshekhar,

Director

 

By Inperson     

 

V/s

Opposite party/s

Respondent/s:-

 

1. Registered office:

Unitech Ltd.,

6, Community Center,

Saket, New Delhi-110017.

Rep. by Sri.Ramesh Chandra, Chairman

 

2. Marketing office:

Unitech ltd.,

1^st floor, Sec.45,

B block, Greenwood city, Gurgaon-122001

 

3. Bengaluru Office:

Unitech ltd.,

C18-2, Jyothi complex,

134/1, Infantry road,

Bengaluru-01.

 

• Ex-parte

 

PRESIDENT: SRI.S.L.PATIL

 

 

            This complaint is filed by the Complainant against the Opposite parties no.1 to 3 (herein after referred as Op.no.1 to 3 or Ops) seeking issuance of direction to reimburse the invested amount of Rs.3 lakhs, damages Rs.5 lakhs and legal fees of Rs.25,000/-.

 

          2. The brief facts of the case of the Complainant are that he had invested a sum of Rs.3 lakhs in the fixed deposit scheme of Unitech ltd., on 18.10.2013 vide deposit receipt no.1242071, account no.1250386. Date of maturity was 10.10.2014. He received the interest of Rs.36,378/- on time. But in spite of repeated phone calls and visits to their Bengaluru office, his principal sum has not been returned. The Complainant has not received an assistance from the Bengaluru office. Three officials with whom he dealt with have all left the company.  Hence prays to allow the complaint.

 

3. The Notice has been duly served on the Op.no.1 to 3, but they did not appear before this forum. Hence placed ex-parte.  

 

          4. To substantiate the case, the Director of the Complainant filed affidavit evidence and got marked the documents Ex-A1 to A3 and also filed written arguments which is nothing but the repetition of facts stated in the complaint. Heard.  

  

5. The points that arise for our consideration are:

1. Whether is there any deficiency of service on the part of Ops, if so, whether the Complainant entitled for the relief sought for ?  
2. What order ?

                   

           

 

6.  Our answers to the above points are as under:

 

Point no.1: In the Affirmative.  

Point no.2: As per the final order for the following

 

REASONS

 

          7. Point no.1:  In the forgoing paragraphs, we briefly stated the contents of the Complainant. It is the specific case of the Complainant that on 18.10.2013 vide deposit receipt no.1242071, account no.1250386 he had invested a sum of Rs.3 lakhs in the fixed deposit scheme of Unitech ltd. With regard to the interest is concerned, the Complainant had already received an amount of Rs.36,378/- on time. Now the only grievance of the Complainant is that even though the maturity period is already over in respect of fixed deposit amount, Op is not in a position to reimburse the principal sum of Rs.3 lakhs. In this context, he sent a letter to Op as per Ex-A1 to settle the matter within 15 days on receipt of the notice. It seems that no response by the Op. With regard to the deposit receipt is concerned, marked as Ex-A2, to substantiate the case of the Complainant, soon after the service of the notice, Op did not appear either deny the claim of the Complainant or to admit. Even though the notice have been duly served on Op, not dare enough to appear before this forum, which goes to show that they are watching the proceedings of this case sitting somewhere else. At this stage, we have no other go except to direct the Op to pay an amount of Rs.3 lakhs being the fixed deposit amount. In the light of the decision reported in Sherry Leasing pvt. ltd. V Kamini Saigal, I (2014) CPJ 139 (NC), wherein it is held as under:

Consumper Protection Act, 1986 – Sections 2(1)(g), 21(b) – Baking and financial institutions services- fixed deposit receipts – deposition of amounts – payment on maturity denied – deficiency of service – District forum directed Op to pay Complainants the balance amount FDR after adjusting amount already paid along with interest – State Commission dismissed appeal – Hence revision- No defence on behalf of petitioner before District forum on merits – No infirmity or illegality in impugned order.

 

          8. In the light of the decision cited supra, we are inclined to allow the complaint filed by the Complainant as the deficiency of service specifically proved by the Complainant. Accordingly we answered the point no.1 in the affirmative.

 

9. Point no.2: In view of our findings on point no.1, we passed the following:

 

ORDER

 

          The complaint filed by the Complainant is hereby allowed.

 

          2. The Op.no.1 to 3 jointly and severally liable to pay an amount of Rs.3 lakhs, compensation of Rs.5,000/- and cost of litigation of Rs.1,000/- within six weeks from the date of this order.

 

3. The liability is fastened on the Op.no.1 to pay an amount of Rs.3 lakhs + compensation of Rs.5,000/- + cost of litigation of Rs.1,000/- within six weeks from the date of this order.

         

          Supply free copy of this order to both the parties.

 

          (Dictated to the Stenographer and pronounced in the Open Forum on 30^th December of 2017).

 

 

(SURESH.D)   MEMBER

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT

                                                                        

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.Rajshekhar, who being the Director of the complainant was examined. 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Letter dtd.16.03.16
Ex-A2	Deposit receipt dtd.18.10.13
Ex-A3	Postal acknowledgement

 

 

(SURESH.D)   MEMBER

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT