D.o.F:10/12/2008

D.o.O:25/02/2010

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                       CC.279/08          

                        Dated this, the 25^th    day of February 2010.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                        : MEMBER

Rajan.K,

S/o Late Koran,Petty Trader                              : Complainant

Pallayil House, Po.Chandragiri

kasaragod

(Adv.K.Kumaran Nair,,Kasaragod)

.A.Vijayarajan,

 S/o K Kannan, Business man

R/at Prabhalayam  Mudiyakkal,                : Opposite parties

.Po.Bekal,Kasaragod

(Subash Bozz.V.M,Adv,Kasaragod)

                                               ORDER

SMT.P.RAMADEVI            : MEMBER

      The facts of the complaint in brief are as follows:

            That the opposite parties 1 to 3  are conducting a finance business under the name and style as Prathibha Group and  similar types of other businessed .    The main activities of the firm was money lending and  receiving deposits from the public.  On 7/7/2006 the complainant deposited an amount of Rs.80,000/- with the opposite party at his office at Palakkunnu.  The said deposit was for a period of 25 months.  The opposite party offered the rate of interest  Rs.950/- per month.  The maturity date of the deposit was 7/8/2008.  On attaining maturity the opposite party failed to repay the deposit amount with interest.    Hence alleging deficiency in service against the opposite party this complaint is filed.

2.                   Opposite parties  appeared through their counsel and filed the version and  denied the averments made  in the complaints and submits that he has made part payment to the complainant and issued receipts.  He further submits that the complainant has availed a  loan of Rs.40,000/- from the opposite party  that was not repaid.  He further submits that he is ready to pay the balance amount.

3.                   The evidence in this case consists of the evidence of PW1, the complainant and Ext.A1marked.

 4.  After considering the facts of the case the following issues were raised for consideration:

1.      Whether there is any deficiency in service on the part of the opposite parties

2.      If so, what is the relief?

5.    Points 1 &2:     Here the deposits were admitted by the  opposite parties.  Ext.A1  is the fixed deposit receipt issued  by the opposite party to  PW1.In the version opposite party submits that  PW1 is availed loan of Rs.40000/-.  To prove the case  opposite party has not adduced any oral or documentary evidence.

        Considering all the above , we are of the view that there is  deficiency in service on the part of the opposite party and  the complaint is allowed.  Hence  the opposite party is directed to pay Rs.80,000/- to the complainant  with interest  @9%   per annum from  7/8/ 2008 till the date of payment and also pay Rs.3000/- towards the cost of proceeding.  Time for compliance is 30 days from the date of  receipt  of  copy of order.

MEMBER                                              MEMBER                                     PRESIDENT

Ext.A1- Fixed deposit receipt

PW1-K.Rajan-complainant