Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the Complainant against the Opposite parties in this Complaint are, that on his retirement he deposited a sum of Rs.1,50,000/- with the Opposite parties for interest at three stages depositing Rs.50,000/- each on 24.12.2002, 03.01.2003 and 10.02.2003 respectively which were later on renewed. The Opposite parties paid interest for some months, thereafter they neglected to pay the interest, then he approached the Opposite parties with his personal problems and applied for pre-mature withdrawal by giving representations on 03.01.2006, 10.04.2006, 19.04.2007 and 12.06.2007 as the money was required for the Kidney Operation of his wife in which incurred heavy expenditure of Rs.1,00,000/- and for the need of his eye cataract. But the Opposite parties have failed to honour his request in refunding his deposits by way of premature withdrawals. The Opposite parties have not paid interest since 4 months and thereby have caused deficiency and thus has prayed for a direction to the Opposite parties to refund his deposits with interest and to grant other compensation for his mental agony and harassment. <br /> 2. The Opposite parties were served with the notice, in response to which the 2nd Opposite party appeared, but later on failed to file version and to put up any defence. The 1st Opposite party remained absent is placed exparte.<br /> 3. In the course of enquiry in to the Complaint allegations, the Complainant has filed his affidavit evidence reiterating the grievances made in the Complaint and produced the deposit receipts with copies of letters he had addressed to the Opposite parties demanding payment of interest and premature return of the deposits. On perusal of the Complaint allegations, affidavit evidence, the fixed deposit receipts and he corresponding letters apparently reveal that the Complainant deposited a sum of Rs.50,000/- each with the 1st Opposite party represented by its President and Secretary on 03.01.2003, 10.02.2003, and on 24.12.2002 which was renewed, again on 01.01.2003 respectively. The Complainant has stated that the Opposite parties paid interest for certain months, but have failed to pay interest from February 2007 till date and on one deposit from December 2006 onwards. The letters addressed by the Complainant to the Opposite parties also make it clear that he brought to the notice of the Opposite parties about non-payment of interest, his personal difficulties and request for premature payment of the deposited amount. The Opposite parties who are served with the notice of this Complaint have deliberately remained absent, therefore all these documents and the affidavit evidence of the Complainant have remained un-rebutted and we find that the Complainant who applied for premature refund of deposit amounts due to his personal difficulties ought to have been honored by the Opposite parties but have failed to do so, besides committing in default in payment of interest on them regularly which has culminated into deficiency of their service. Therefore the Complainant is entitled for the relief sought for. The Opposite parties as found from the fixed deposit receipts have agreed to pay interest at 14% p.a., but they have not offered any reasons in not either paying interest agreed upon or to refund the deposits, therefore the Opposite parties are liable to compensate the Complainant the terms we are imposing below. With the result, we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The 1st & 2nd Opposite parties are jointly and severally held liable to refund the deposit amounts of the Complainant and therefore are directed to refund Rs.1,50,000/- with interest at 18% p.a. from February 2007 till the date of payment and on one deposit of Rs.50,000/- the Opposite parties are directed to pay interest at 18% p.a. for the month of December 2006 in addition to the payment of interest as ordered above.<br /> 3. The Opposite parties are directed to refund the amount with interest as ordered above within 3 months from the date of this order, failing which they shall pay interest at 20% p.a. till the date of payment.<br /> 4. The Opposite parties shall also pay cost of Rs.1,000/- to the Complainant.<br /> 5. Give a copy of this order to each party according to Rules.<br />