Complaint Filed on:27.05.2017 |
Disposed On:20.02.2018 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN
20th DAY OF FEBRUARY 2018
PRESENT:- | SRI. P.V SINGRI | PRESIDENT |
| SMT. P.K SHANTHA | MEMBER |
COMPLAINANTs | 1) Sri.S.Krishnamurthy Age 79 years, 2) Smt.Shantha Murthy, Age 69 years, #636, Shanthi Mansion, 1st Floor, 9th Main, 3rd Stage, 1st Block, Manjunathanagar, Bangalore-560 010. V/s |
OPPOSITE PARTIES | 1) UNITECH Limited., FD Office, 2nd Floor, Plot No.136, Phase-I, Udyog Vihar, Gurgaon-122016, Haryana, Regd. Office 6, Community Centre, Saket, New Delhi – 110017. 2) Unitech Limited., 6, Community Centre, Saket, New Delhi – 110017. 3) Marketing Office, Unitech Commercial Towers II, 1st Floor, Sector 45, B Block, Greenwood City, Gurgaon-122001, Haryana. 4) Regional Office, Unitech Limited., C-1 & 2, Jyothi Complex, 134/1, Infantry Road, Bangalore-560001. |
O R D E R
SMT. SHANTHA P.K, MEMBER
The complainants have filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct the OPs to refund the matured amount of Rs.1,42,312/- with interest @ 12.5% p.a for the delayed payment and Rs.3,000/- towards legal expenses.
2. The brief averments made in the complaint are as under:
Complainants No.1 & 2 have deposited a sum of Rs.49,000/- each for a period of three years with the OPs for annual interest @ 12.5% p.a on the canvas of Mr.Mahindra Singh, Relationship Manager in way to wealth company who introduced the complainants to OP Company. On maturity, the complainants were entitled to get a sum of Rs.71,156/- each. After the completion of three years the complainants forwarded the original FD receipt along with a request letter through way to wealth for realization of amount mentioned in the FD receipt on maturity and the complainants received the acknowledgement for the same. After waiting for 30 days the complainants approached Mr.Mahindra Singh for the status of the FD amount. Mr.Mahindra Singh informed that there is none in the OP Company to reply for the e-mail and phone calls regarding the FD maturity. Thereafter the complainants approached an advocate and sent notice to OP-1 address but the letter returned unserved. Again the complainants issued another legal notice to all the OPs asking them to make payment within seven days along with 12.5% interest for delayed payment and legal charges. The legal notice got delivered to all the 4 OPs on 18.04.2017. Till today there is no reply from the OPs. Complainants felt deficiency in service on the part of OPs and filed this complaint seeking necessary relief for their grievance.
3. After registration of the complaint, notices were issued to OPs. In spite of service of notices OPs remained absent without sufficient reason and cause. Hence OPs were placed ex-parte and the case was posted for filing affidavit evidence of the complainants.
4. So as to prove the case, the complainants filed the affidavit evidence in support of their complaint reiterating the complaint averments and produced the copies of documents.
5. The above said assertions of the complainants have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant. So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainants.
6. Let us have a cursory glance at the documents produced by the complainants. Document No.1 is fixed deposit receipt No.1245013 folio No.1006197 issued by OPs. Document No.2 is another receipt No.1245014, folio No.1006198 both for Rs.49,000/- at the rate of 12.5% p.a interest dated 15.12.2013 for a period of 3 years, maturity date was 15.12.2013. Document No.3 is legal notice dated 17.04.2017. Document No.4 is the copy of postal receipts and Document No.5 to 8 are the acknowledgments received by the postal department for the delivery of legal notices to concerned addresses.
7. On perusal of oral and documentary evidence of the complainants, it is clear that, the complainants have deposited Rs.49,000/- each with OPs for a period of 3 years from 15.12.2013 to 15.12.2016 repayable along with interest @ 12.50% p.a. OPs failed to pay the entire maturity amount to both the complainants. Both the complainants are senior citizens and they are suffering some health problems. The complainants have made repeated requests and demands to release the maturity amount which they had deposited. OPs failed to pay the matured amount along with agreed rate of interest and failed to respond to the letters. This conduct of OPs shows their gross negligence and deficiency of service. Hence the complainant filed this complaint against OPs for irresponsible negligent behavior in not responding to any communication and non-payment of deposited amount and accrued interest on time.
8. The very fact of OPs not contesting the proceedings leads us to draw an inference that OPs admitting the claim of the complainants. There is no reason to disbelieve the unchallenged affidavit evidence of the complainants and the documents produced. The complainants suffered inconvenience and mental agony due to non performance of promise made by the OPs. This act of OPs in not refunding the fixed deposit amount and interest amounts to deficiency of service on the part of OPs. In view of the requests and demands OPs failed to release the matured deposit amount with accrued interest must have put the complainant to great hardship, inconvenience and mental agony. In view of the discussions made above, we are of the considered opinion that the complainants have successfully proved deficiency of service on the part of OPs. Under the circumstances, we are of the considered opinion that, OPs are liable to pay the maturity amount to both the complainants with interest @ 12.50% p.a from the date of deposit till the date of maturity. Further OPs are directed to pay interest @ 18% p.a from the date of maturity till the date of realization and also directed to pay compensation of Rs.6,000/- to each of the complainant for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-.
9. In the result, we proceed to pass the following.
O R D E R
The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.
OPs are directed to refund Rs.49,000/- (Forty Nine Thousand) to each of the complainant together with interest at 12.50% p.a from the date of deposit till the date of maturity. Further OPs are directed to pay interest @ 18% p.a. from the date of maturity till the date of realization and also directed to pay compensation of Rs.6,000/- to each of the complainant for having caused hardship, inconvenience and mental agony together with litigation cost of Rs.3,000/-.
OPs shall comply the order passed by this Forum within a month from today.
Furnish free copy of this order to both the parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 20th day of February 2018)
MEMBER PRESIDENT
Vln*
COMPLAINANTs | 1) Sri.S.Krishnamurthy 2) Smt.Shantha Murthy, Bangalore-560 010. V/s |
OPPOSITE PARTIES | 1) UNITECH Limited., FD Office, Gurgaon-122016, Haryana, Regd. Office 6, Community Centre, Saket, New Delhi – 110017. 2) Unitech Limited., 6, Community Centre, Saket, New Delhi – 110017. 3) Marketing Office, Unitech Commercial Towers II, Gurgaon-122001, Haryana. 4) Regional Office, Unitech Limited., Bangalore-560001. |
Witnesses examined on behalf of the complainants dated 23.01.2018.
1) Sri.S.Krishnamurthy
2) Smt.Shantha Murthy,
LIST OF DOCUMENTS PRODUCED BY THE COMPLAINANT |
1) | Document No.1 is copy of fixed deposit receipt No.1245013 of complainant dated 15.11.2013 for Rs.49,000/-. |
2) | Document No.2 is copy of fixed deposit receipt No.1245014 of complainant dated 15.11.2013 for Rs.49,000/-. |
3) | Document No.3 is copy of legal notice17.01.2017. |
4) | Document No.4 is the postal receipts dated 18.04.2017. (four numbers) |
5) | Document No.5 to 8 are the postal track consignments. (four numbers) |
OPs - Absent
MEMBER PRESIDENT
Vln*
