State Consumer Disputes Redressal Commission
Karvy Stock Broking Ltd., vs P.K. Ashok on 7 June, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/92/2017 ( Date of Filing : 13 Jan 2017 ) (Arisen out of Order Dated 11/07/2016 in Case No. Complaint Case No. CC/131/2015 of District Shimoga) 1. Karvy Stock Broking Ltd., Manager to the Schemes, Karvy Center, 8-2-609/K, Avenue-4, Street No.1, Banjara Hills, Hyderabad-500034. 2. Karvy Stock Broking Ltd., Manager to the Schemes, Shimoga Branch, Shimoga Diagnostic Center,
(Upstairs), LLR Road, Durgigudi,
Shimoga City-577 201.
Both Rep. by its authorised signatory
G.N. Sridhar
...........Appellant(s) Versus 1. A Vyjayanthi C/o Sanman Beds, Opp.Nehru Stadium, Sowlanga Road,Shimoga City-577201. 2. The Managing Director Unitech Private Ltd., Regional Office:
6,Community Center, Saketh,
New Delhi-110017.
Corporate Office:
Unitech House,
F.D. Office, Fixed Deposit Division,
L-Gurgaon-122001.
Harayana State 3. Regional Manager Unitech Private Ltd.,
Umiya Landmark, 10/8,
Lavele Road, Bangalore-560 001.
...........Respondent(s) First Appeal No. A/93/2017 ( Date of Filing : 13 Jan 2017 ) (Arisen out of Order Dated 11/07/2016 in Case No. Complaint Case No. CC/97/2015 of District Shimoga) 1. Karvy Stock Broking Ltd., Manager to the Schemes, Karvy Center, 8-2-609/K, Avenue-4, Street No.1, Banjara Hills, Hyderabad-500034. 2. Karvy Stock Broking Ltd., Manager to the Schemes,
Shimoga Branch, Shimoga
Diagnostic Center, (Upstairs),
LLR Road, Durgigudi, Shimoga City-577201.
Both Rep. by its Authorised Signatory G.N. Sridhar
...........Appellant(s) Versus 1. P.K. Ashok C/o Sanman Beds, Opp. Nehru Stadium, Sowlanga Road, Shimoga City-577201. 2. The Managing Director Unitech Private Ltd., Regional Office,
6, Community Center, Saketh, New Delhi-110017.
Corporate Office:
Unitech House,
F.D. Office, Fixed Deposit Division,
L-Gurgaon-122001.
Harayana State.
3. Regional Manager Unitech Private Ltd.,
Umiya Landmark, 10/8, Lavelle Road,
Bangalore-560 001.
...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 07 Jun 2023 Final Order / Judgement
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (ADDL. BENCH)
DATED THIS THE 7th DAY OF JUNE 2023
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 92 & 93/2017
APPEAL NO. 92/2017
1.
M/s. Karvy Stock Broking Ltd.,
Manager to the Schemes,
Karvy Center, 8-2-609/K, Avenue-4, Street No:1,
Banjara Hills,
Hyderabad-500034.
......Appellant/s
2.
M/s. Karvy Stock Broking Ltd.,
Manager to the Schemes, Shimoga Branch,
Shimoga Diagnostic Centre,
(Upstairs), LLR Road, Durgigudi,
Shimoga City-577201.
Both represented by its Authorised Signatory, Sri.G.N.Sridhar.
(By Sri Siddalingaswamy, Advocate) V/s
1. Mrs. A Vyjayanthi, C/o:Sanman Beds,, Opp.Nehru Stadium, Sowlanga Road, Shimoga City-577201.
.....Respondent/s
2. The Managing Director, Unitech Private Limited, Regional Office:
6, Community Center Saketh, New Dehli-110017 Corporate Office:
Unitech House, F.D.Office, Fixed Deposit Division, L-Gurgaon-122001, Harayana State
3. Regional Manager, Unitech Private Limited, Umiya Landmark, 10/8, Lavele Road, Bangalore-560001.
APPEAL NO. 93/20171. M/s. Karvy Stock Broking Ltd., Manager to the Schemes, Karvy Center, 8-2-609/K, Avenue-4, Street No:1, Banjara Hills, Hyderabad-500034.
......Appellant/s
2. M/s. Karvy Stock Broking Ltd., Manager to the Schemes, Shimoga Branch, Shimoga Diagnostic Centre, (Upstairs), LLR Road, Durgigudi, Shimoga City-577201.
Both represented by its Authorised Signatory, Sri.G.N.Sridhar.
(By Sri Siddalingaswamy, Advocate) V/s
1. Mr.P.K.Ashok, C/o:Sanman Beds, Opp.Nehru Stadium, Sowlanga Road, Shimoga City-577201.
.....Respondent/s
2. The Managing Director, Unitech Private Limited, Regional Office:
6, Community Center Saketh, New Dehli-110017 Corporate Office:
Unitech House, F.D.Office,Fixed Deposit Division, L-Gurgaon-122001, Harayana State
3. Regional Manager, Unitech Private Limited, Umiya Landmark, 10/8, Lavele Road, Bangalore-560001.
COMMON ORDER BY SMT. SUNITA .C. BAGEWADI, MEMBER The Appellant/Opposite Party has preferred these both appeals being aggrieved by the Order dt.11.07.2016 and 13.01.2017 passed in CC.Nos. 131/2015, 97/2015, on the file of District Consumer Disputes Redressal Commission, Shimoga. In both appeals, both parties are one and the same and the matter in issue is also one and the same. Hence, to avoid repetition of work, all these appeals are clubbed together and being disposed of by this Common Order.
2. The brief facts of the case are as under:
The complainants are the members of a Fixed Deposit Scheme run by the Unitech. It is further case of the complainants that under the Fixed Deposit Scheme sponsored by Unitech Company under the name and style Unifd. The complainants deposited a sum of Rs.25,000/- on 30.03.2011 for a period of 3 years i.e. till 30.03.2014 and the Fixed Deposits Receipt No.1017946 and FDR No.1017947 and Account No.1015446 and Account No.1015452 in CC.No. 131/2015 and CC.No.97/2015 respectively. It is the further case of the complainant that the quick cheques issued by the Unitech towards advance payment were all enchased. But the principals sum of Rs.25,000/- was not repaid at all. This according to the complainant is deficiency in service on the part of the opponent. In spite of repeated request the opponent did not pay a sum of Rs.25,000/-. It is contended that as a result of this complainant has suffered financial loss, mental agony and hardship. Hence the complaint.
3. The notices were ordered to be issued to the opponent/s after admitting the complaints. The notice issued to opponent No. 1 to 4 was remained absent, hence placed exparte.
4. After trial, the District Commission allowed the complaint in part and directed a sum of Rs.25,000/- if not received by the complainant. Further the complainant is entitled to receive a sum of Rs.25,000/- if not already receive from the opponent. The opponent is liable to pay interest at the rate of 12% p.a compounding or yearly rests on the above said sum of Rs.25,000/- from 30.03.2014 till 08.03.2016 if Rs.25,000/- has already been paid otherwise till the date of actual payment. The opponent is also liable to pay a sum of Rs.10,000/- towards compensation to the complainant and further sum of Rs.2,000/- towards cost of litigation.
5. Being aggrieved by the said order, the Appellants/Opposite parties have preferred these appeals on various grounds and pray to allow their appeals in the interest of justice and equity.
6. Perused the order sheet, we noticed that as per the office note there is 150 days delay in filing the appeals before this Commission. Hence, before going to touch the merits of the appeals we have to decide whether the appeals are maintainable as per Consumer Protection Act.
7. The Appellants have filed these appeals under Consumer Protection Act 1986 and as per the Consumer Protection Act 1986 Limitation period to file the appeals before the State Commission was 30 days. The Appellants have filed these appeals after lapse of 150 days. There is inordinate delay in filing these appeals. The appellants have filed application u/s 5 of Limitation Act to condone the delay and sworn affidavit that Respondent-2 and 3 have made payment of matured amount to the depositors in the similar complaints lodged at DCDRF Bangalore and in these complaints DCDRF has ordered to make payment to the Respondent-2 and 3 to the depositors. Hence, no appeals were preferred. Hence, these appeals were preferred within time. We have not satisfied with the reasons stated by the appellants in delay condonation application. As per Consumer Protection Act 1986 they have to file appeals within 30 days. Hence, considering the facts and discussions made here we are of the opinion that appeals itself are not maintainable as barred by Limitation. Hence, to discuss on merits is not necessary, we proceed to pass the following:
O R D E R The Appeal No. 92/2017 and Appeal No.93/2017 are dismissed. No order costs.
The amount in deposit shall be transmitted to the concerned District Consumer Commission.
Keep the original of this order in Appeal No.92/2017 and copies thereof in connected files.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
MEMBER JUDICIAL MEMBER P* [HON'BLE MR. Ravishankar] PRESIDING MEMBER
[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER