D.O.F : 04/11/2023

                                                                                                       D.O.O : 11/06/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.347/2023

      Dated this, the11^th day of June 2024

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

Mini Sunny Vadana, aged 51 years

W/o Sunny Vadana

Vadana House, Adottukaya,

Malakallu, Kallar Village

Vellarikkund Taluk, Kasaragod.                                                                   : Complainant                                            

   And

Administrator/ Secretary

Kanhangad Block Printing&

Publishing Co-operative society Ltd

No S 299, Malakkallu P O

Rajapuram (via) Vellarikkundu Taluk

Kasaragod district.                                                                                        : Opposite Party

ORDER

SMT.BEENA.K.G : MEMBER

            The complainant is a widow and opposite party is a printing and publishing cooperative society.  On 24/07/2018, the complainant had deposited an amount of Rs. 2,00,000/- with opposite party and the interest offered was 8.25% yearly.  On 29/11/2011, the same FD was renewed for Rs. 85,000/- with an offered interest of 7%, till 30/06/2022 and on 30/6/2022, when the complainant approached opposite party for the matured amount they were not ready to repay the same.  On 20/12/2019, the complainant deposited Rs. 1,00,000/- at the interest rate of 8%, and the above FD is matured on 22/12/2022.  Then the amount was Rs. 1,21,000/- with interest at the rate of 7% and the date of maturity was 23/12/2022.  And on 23/12/2022, when the complainant approached opposite party for the matured amount, they were not ready to repay the same. Likewise on 03/09/2021, the complainant deposited an amount of Rs. 1,00,000/- with opposite party at 7.5% interest rate and the date of maturity was 4/9/2022.  The said amount also not repaid.   The complainant on 23/5/2022, deposited an amount of Rs. 1,25,000/- at 7% interest and the date of maturity was 24/5/2023.  The aforesaid matured amount was not repaid so far.  The complainant had kept the amount as FD for the marriage of her daughter.  Due to the deficiency in service and unfair trade practice on the part of opposite party, the complainant suffered monitory loss and mental agony.  Hence the complainant is seeking direction against opposite party to refund the amount of Rs. 4,31,000/- with interest along with a compensation of Rs. 50,000/- with cost.

            Notice of opposite party returned stating unclaimed. Name of opposite party called absent, set exparte.

            The complainant filed proof affidavit. Ext. A1 to A4 marked.  Ext.A1 is the FD receipt of R. 2,00,000/-, Ext. A2 is the FD receipt of Rs. 1,21,000/-, Ext. A3 is the FD amount of Rs. 1,00,000/-, Ext. A4 is the FD amount of Rs. 1,25,000/- .  Heard the complainant.  The main questions raised for consideration are;

1. Whether there is any deficiency in service or unfair trade practice in non-refund of the FD amount after maturity date?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

All points can be discussed together.  The case of the complainant is that, she had deposited an amount of Rs. 2,00,000/-as FD with opposite party for one year, with an interest rate of 8.25%.  Ext. A1 is produced to prove the deposit with opposite party.  On 29/11/2011, the complainant deposited an amount of Rs. 85,000/- with an offered interest of 7%, for 6 months, but not refunded so far.  Again the complainant deposited Rs. 1,00,000/- at 8% interest on 20/12/2019.  Ext. A2 is produced.  The complainant is entitled to Rs. 1,21,000/- with 7% interest from 23/12/2022 till disbursal, Ext.A3 is produced.  Again the complainant deposited Rs. 1,25,000/- at 7% interest on 24/5/2023 and the maturity date of the FD is 24/5/2024.  But when the complainant approached opposite party to withdraw the amount, opposite party was not ready to refund the amount.  The cause of action for the complaint arose on the date of deposit and on the date of rejection of the matured amount in Kanhangad block, Kasaragod District within the jurisdiction of this commission.

The complainant is a widow now aged 51 years.  She kept the amount to meet her daughter’s marriage expenses.  Withholding the deposit after the maturity period amounts to unfair trade practice and deficiency in service.  Complainant is entitled to get the FD with offered interest.  In the absence of rebuttal evidence opposite party is liable for the hardships undergone by the complainant.

The relief sought by the complainant is to refund Rs. 4,31,000/- with interest along with a compensation of Rs. 50,000/- and cost of litigation. 

 Therefore, the complaint is allowed, directing opposite party to refund Rs. 4,31,000/- (Rupees Four lakhs Thirty One thousand only) with interest, with a compensation of Rs. 50,000/- (Rupees fifty thousand only).  The cost of litigation is allowed as Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.  

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Exhibits

A1 – FD receipt

A2 – FD receipt

A3 – FD receipt

A4 – FD receipt

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/