IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday the 29^th day of September, 2008

Filed on 09.05.06

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.117/06

between

Complainant:-                                                             Opposite Party-

     Sri.V.K.Thulasidas,                                     The Alleppey District Co-operative Bank Ltd.,

     Vadakkeveliyil,                                                        Evening Branch,

     Thondankulangara Ward,                                         District Court ward,

     Avalookkunnu.P.O.,                                                Alappuzha – 13,

     Alappuzha - 6.                                                        Rep. by its Branch Manager

     (By Adv.L.Thushara Bindu)                         (By Adv.K.Jayakumar)

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The case of the complainant in a nutshell is as follows: - The complainant was running a chitty business in the name and style 'Shibu Chitty Fund'. In line with the concerned rules, the complainant deposited an amount of Rs.3,000/-(Rupees three thousand only) as security with the opposite party. The said chitty business, however came to a close on 10^th August 1990, and the opposite party had been duly intimated as to this from the Sub Registrar office. The complainant approached the opposite party, and the opposite party caused the complainant to affix his signature on a paper for the purpose of the renewal of the aforesaid FD amount of Rs.3,000/-(Rupees three thousand only). The complainant is entitled to an interest @ 10.5%. As such, the opposite party is liable to pay back to the complainant a total amount of Rs.9,520.50/-(Rupees nine thousand five hundred twenty and fifty paisa only) as principal amount and interest. Notwithstanding this, the opposite party has disbursed to the complainant a mere amount of Rs.3,756/- (Rupees three thousand seven hundred and fifty six only). The opposite party has declined to pay to the complainant the balance amount of Rs.5,764.50/- (Rupees five thousand seven hundred sixty four and fifty paisa only) despite the complainant's request and demand orally and otherwise. The complainant got aggrieved on this, approached this Forum for compensation and other relief.

1. On notice being sent, the opposite party turned up and filed version. The contention of the opposite party is that the amount deposited by the complainant was as chitty security. According to the opposite party, on the maturity of the said deposit, the complainant at no point of time approached the opposite party for its renewal. The chitty sub registrar has not delivered the required intimation as to the same. The deposit got matured on 19^th March 1991, and from the said date as per the existing laws the complainant is not entitled to any interest, the opposite party fervently contends. The complaint is experimental. The same is to be dismissed with cost, the opposite party contends.

2. The complainant’s evidence consists of the testimony of the complainant himself as PW1, and the documents Exbts. Al to A3 were marked. On the side of the opposite party, the branch manager was examined as RW1, and the documents were marked as Exbts B1 toB2.

3. Bearing in mind the contentions of the parties the issues that come up before us for consideration are:-

(a) Whether the complainant is entitled to the interest as claimed for?

(b) Whether there is deficiency on the part of the opposite party?

4. It appears that the opposite party has not denied or disputed the factum of deposit by the complainant. The bone of the contentions of the opposite party is that the complainant effected the deposit of the material amount as chitty. The same grew matured on 19^th March 1991. There after, the complainant never approached the opposite party for renewal of the deposit. The complainant approached the bank for withdrawal of the amount only on 18^th January 2006. The opposite party submits that, in the context of non-renewal of the deposit, the complainant is disentitled to any interest. Keeping alive in mind the contentions of the parties, we meticulously perused the materials available on record. It seems that the complainant has assertively stated in the complainant as well as in the proof affidavit that on the maturity of the fixed deposit, he approached the opposite party for the renewal, of the same. On the other hand, the opposite party, forcefully contends that the complainant never approached the opposite party for the getting the said deposit renewed. However, concededly the amount of Rs.3,000/-(Rupees three thousand only) was deposited with the bank till 2006. It is significant to note that the principal contention of the opposite party is that as per the banking laws that the complainant is not entitled to any interest unless the fixed deposit is not got renewed on its maturity. It appears the opposite party save conveniently making such statement does not make it a point to prove the same. We have on umpteen occasions observed that mere making statements does not take the place of proof.  It is crucial to note that the deposited amount of the complainant was with the opposite party bank till 2006. In the wake of the opposite party's failure to establish its contentions and in the context of complainant's consistent case we are of the view that the complainant is entitled to relief.

In view of the facts and findings herein above, the opposite party is directed to pay the balance amount of Rs.5,764.50/- (Rupees five thousand seven hundred sixty four and fifty paisa only) with 12% interest to the complainant. The opposite party is directed to pay to the complainant another amount of Rs.2,000/-(Rupees two thousand only) as compensation. The said opposite party shall comply with the order within 15 days of receipt of this order.

Complaint stands disposed accordingly.  No order as to cost.

Pronounced in open Forum on this the 29^th day of September, 2008.

                                                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi 

Appendix:-

Evidence of the complainant:- 

PW1                -           Thulasidas V.K (Witness)

Ext. A1            -           The copy of the Advocate Notice dated 03.03.2006

Ext. A2            -           The Acknowledgment Card

Ext. A3            -           The Reply Notice dated, 15.03.2006

 Evidence of the opposite party:-

RW1                -           K.Sasidharan (Witness)

Ext. B1 -           The copy of the Fixed Deposit Receipt dated, 19.09.1988

Ext. B2 -           The copy of the Letter dated, 15.03.2006

// True Copy //

    By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- P.R/-  

Compared by:-