By Smt. Padmini Sudheesh, President:

 

            The complainants’ case is as follows. On 21.6.02 the first complainant had deposited Rs.1,00,000/- as fixed deposit for 2 years with 15% interest in the respondent firm. The respondents issued a fixed deposit receipt also. It was also agreed that they will pay interest of Rs.30,000/- with the deposit amount after 2 years. While so the first complainant was in need of money for a major surgery and she demanded the interest of the deposit but they refused to pay the interest and told that they will pay the interest and deposited amount only after maturity period. So the surgery was postponed. The first complainant had deposited the above said amount by selling her gold ornaments. The deposited amount was the sole property of her and the denial of the respondents to return the money in an emergent condition is a serious deficiency in service. The complainant demanded the deposited amount after the maturity period with 15% interest. But the amount did not return so far. Hence this complaint. During the pendency of the case first complainant died and her legal heirs are impleaded as complainants-2 to 5.

 

            2. The averments in the counter of R1, 2 and 5 are as follows. The complainant had deposited Rs.1,00,000/- as loan deposit with 14% interest. The complainant had received an amount of Rs.7167/- as interest by 31.10.02. By 31.10.02 she was given an advance amount of Rs.2151/- as interest i.e. she is entitled only Rs.5017/- as on 31.10.02. Thereafter the complainant received from respondents an amount of Rs.25,083/- as interest up to 15.8.04. So a total amount of Rs.32,250/- was received by her as interest and it will cover interest up to 15.10.04. The complainant has conveniently suppressed this fact and is again claiming interest, which is not permitted. As the fixed loan deposit, the amount matures only by 21.6.06 as mutually agreed between parties. Hence the respondents are liable to return the principal loan amount only on 21.6.06. The averment in the petition that the fixed loan deposit matured on 21.6.04 is not correct. She had received interest and continued to receive interest as agreed even after 21.6.04. She had taken interest up to 15.10.04 and the respondents were prepared to pay the interest thereafter but the complainant unnecessarily raised untenable contentions regarding a kuri belonging to her minor daughter during the end of November 2004 and refused to co-operate and filed this complaint. As the fixed loan deposit matures only by 21.6.06, the complainant has no cause of action prior to that date and the complaint filed is premature and hence liable to be dismissed. There is absolutely no deficiency in service from the side of the respondents and the complainant is not entitled for any compensation. Hence dismiss. 

 

            3. The respondents-3 and 4 filed statement that they are adopting the counter of respondents-1, 2 and 5.

 

            4. The points for consideration are:

 

(1)   Is there any deficiency in service?

(2)   If so, reliefs and costs.

 

            5. The evidence consists of Exts. P1 and Exts. R1 and R2.

 

            6. Points: The first complainant was expired and her legal heirs are impleaded. The first complainant had deposited Rs.1,00,000/- with the respondent firm on 21.6.02 with 15% interest. According to the complainants it was agreed to return the fixed deposit amount and Rs.30,000/- as interest after two years and it was not returned to the complainants so far. The complainants further stated that she was in urgent need of money to conduct a surgery and it was postponed due to the non-availability of the money. In the counter the respondents stated that an amount of Rs.32,250/- was paid on account of interest and the complaint is premature since the due date of the deposit was on 21.6.06. 

 

            7. The definite case of complainants is that they had not received single paise from the respondents. The first complainant had deposited one lakh rupees with 15% interest and the interest or the principal amount have not received by them. The main two contentions of the respondents are payment of interest and the pre-maturity of complaint. Ext. P1 is the fixed deposit receipt, which shows the deposit of one lakh rupees and the rate of interest as 15%. So the complainants are entitled to get 15% interest. The definite case of complainant is that they were not received interest when they demanded and not received so far. Exts. R1 and R2 are the copies of personal ledger and which shows the payment of interest of Rs.21,934/- till 15.8.04. There is nothing to disbelieve the genuineness of Exts. R1 and R2 and no objection is raised by the complainants in marking the documents. So the complainants are entitled to get the balance interest and the deposited amount.

 

            8. Another point to be discussed about the due date of Ext. P1 receipt. According to the complainants the due date was on 21.6.04 but the respondents stated that the due date was on 21.6.06 and so the case itself is premature. But there is no due date is shown in Ext. P1 and the due date is remain unfilled and is an unfair trade practice on the part of respondents. In the absence of mentioning of the due date the respondents can declare any date as their convenience. They purposefully not mentioned the date of duration and at the same time taken the contention that the complaint is pre-mature. It is not the mistake of complainant and a clear deficiency in service on the part of respondents and they are liable to pay compensation also.

 

            9. In the complaint it is averred that a surgery of complainant was postponed due to the non-availability of money from the respondents. Later the first complainant died and legal heirs are impleaded. But there is no evidence to arrive at a conclusion that the death was due to the postponement of surgery and no evidence to show that the postponement of surgery was because of the reason alleged by complainant. So the complainants are not entitled to any relief in that head.

 

            10. In the result, complaint is allowed and the respondents are directed to return the amount stated in Ext. P1 with interest at the rate of 15% per annum from the date of deposit till realization and the paid interest of Rs.21,934/- shall be deducted from the total interest. The respondents are further directed to pay Rs.1000/- (Rupees one thousand only) as costs to the litigation and no further compensation is awarded since interest is sufficient compensation. Comply the order within a month.