BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT: SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. A : MEMBER SMT. S.K. SREELA : MEMBER C.C.No. 04/2008 Dated: 29..08..2008 Complainant: Mini Muralee Das, Minivas, TENRA-59, Thycaud P.O., Thiruvananthapuram 695 014. Opposite parties: 1.M/s. Birla Power Solutions, Regd.Office Dalamal House, First Floor, Nariman Point, Mumbai 400 021. 2.Bajaj Capital Ltd., Edamala Plaza, TC 14/999, Vazhuthacaud, Vellayambalam, Thiruvananthapuram. (By Sri. R.S. Mohanan Nair) This O.P having been heard on 27..08..2008, the Forum on 29..08..2008 delivered the following: ORDER SMT. S.K.SREELA, MEMBER: The complainant is one Smt. Mini Muralee Das and her allegation against the opposite parties is that, she had deposited an amount of Rs.25,000/- with 1st opposite party through 2nd opposite party, who is their authorized agent, as fixed deposit for a period of 2 years. The rate of interest agreed was 9%. Subsequently on maturity, the stamped receipt was sent to the company through the 2nd opposite party for the refund of the capital amount. The company did not refund the amount even after repeated request and hence this complaint has been enunciated. 2.The opposite parties remain ex-parte. 3. Complainant has been examined as PW1 and marked Exts.P1 & P2. PW1 has not been cross examined hence her deposition stands unchallenged. 4. The complainant has filed this complaint on 15..01..2008. On 11..06..2008 the complainant submitted that she has received the principal amount of Rs.25,000/- on 22..01..2008 which is after 4 months of the date of maturity. The complainant further submits that no interest has been paid for the belated period. Ext.P1 shows the deposit of Rs.25,000/- with the 1st opposite party. Ext.P2 is the receipt issued by the 2nd opposite party evidencing the due date of the deposit as 06..09..2007. According to PW1, she has received the interest @ 9% for the deposited amount from the date of deposit till the date of maturity only but the deposit amount was refunded only on 22..01..2008 that is after about 4 ½ months from the date of maturity. 5. The opposite parties have never turned up to contest the case or deny the allegations levelled against them. In the above circumstance, this Forum finds that the complainant has succeeded in establishing that there is deficiency in service on the part of opposite parties in not refunding the amount in time. Hence the complainant is found entitled for interest for Rs.25,000/- from 06..09..2007 to 21..01..2008 @ 9%. The complainant is also found entitled for a compensation of Rs.1,500/- and a cost of Rs.500/-. In the result, the opposite parties shall jointly and severally pay to the complainant interest @ 9% for Rs.25,000/- from 06..09..2007 to 21..01..2008, Rs. 1,500/- (Rupees One thousand five hundred only) towards compensation and Rs.500/- (Rupees five hundred only) as cost of the proceedings. Time for compliance 2 months, failing which the above mentioned amounts shall carry interest @ 12%. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 29th day of August, 2008. G.SIVAPRASAD, PRESIDENT. S.K. SREELA : MEMBER ad. C.C.No.04/2008 I. Complainant's witness: NIL II.Complainant's documents: P1 : Photocopy of receipt No.FDR No.4098 dated 06..09..2007 for Rs.977/-. P2 : Photocopy of repayment ACK/Receipt with No.69414 dated 31..08..2007. III.Opposite party's witness : NIL IV.Opposite party's documents: NIL PRESIDENT ad.
......................Smt. S.K.Sreela ......................Sri G. Sivaprasad
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