DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Tuesday the 24^th day of September 2024

CC.414/2024

Complainant

Unnikrishnan. V.P,

S/o. Karimaban. V.P,

“Aroma”, NTMC Lane-2,

MLA Road, Kovoor,

Medical College. P.O,

Kozhikode - 673017

Opposite Parties

1.               Brahmagiri Development Society,

Reg. No. 57/99, Kolagappara. P.O,

Pathirippalam, Meenangadi,

Wayanad – 673591

2.               Chairman,

Brahmagiri Development Society,

Kolagappara. P.O, Pathirippalam,

Meenangadi, Wayanad – 673591

3.               Dr. Sunil Kumar,

Chief Executive Officer,

Brahmagiri Development Society,

Kolagappara. P.O, Pathirippalam,

Meenangadi, Wayanad – 673591

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

Believing the representation made by the opposite parties, the complainant has joined in the first opposite party society vide membership No. 32981 dated 11/12/2022. The complainant invested in fixed deposit of Rs. 1,00,000/- with the first opposite party vide fixed deposit No. 2904 dated 12/12/2021 for a consideration of 9.5% interest per annum for a minimum period of 2 years. After completing the period of 1 year, the opposite parties did not release any amount of interest to the complainant. After repeated demands, they released half of the interest in the first year.

3. After the fixed deposit got matured, the complainant demanded release of the fixed deposit with interest accrued thereon. But the opposite parties evaded the demand by stating lame excuses. Repeated demands to release the amount was not considered by the opposite parties. The act of the opposite parties amounts to deficiency in service. The opposite parties are jointly and severally liable to release the fixed deposit to the complainant with interest accrued thereon. The complainant has suffered much mental agony due to the irresponsible attitude and conduct of the opposite party and he is entitled to be compensated. Hence the complaint to direct the opposite parties to release the fixed deposit with interest along with compensation of Rs. 1,00,000/- for suffering mental agony due to the deficiency in service on the part of the opposite parties.
4. The notice issued from this Commission on 23/07/2024 was duly served on the opposite parties on 05/08/2024. But they did not respond to the notice and hence set exparte.    
5. The points that arise for determination in this complaint are;                                                                                                                                                                                                                                                                                                                                        1) Whether there was any deficiency of service or unfair trade and business practice on the part of the opposite parties, as alleged?

            2) Reliefs and costs.

6. PW1 was examined and Exts A1 to A3 were marked.
7. Heard.
8. Point No 1:   The first opposite party is a co-operative society and the second and third opposite parties are its Chairman and Chief Executive Officer respectively. The complainant has approached this Commission with a grievance that there was failure on the part of the opposite parties to release the fixed deposit of  Rs. 1,00,000/- made by him in the society.
9. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the entrance fee and annual subscription receipt dated 11/12/2021, Ext A2 is the fixed deposit receipt No. 2904 dated 12/12/2021 and Ext A3 is the copy of the application dated 14/12/2023 for release of the fixed deposit.
10. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and to contest the case. The opposite parties have not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3 documents.
11. Ext A2 shows that the deposit of Rs. 1,00,000/- was made by the complainant on 12/12/2021 and the interest payable is 9.5% per annum. The act of the opposite parties in not releasing the fixed deposit on maturity despite repeated requests amounts to gross unfair trade and business practice and deficiency of service. The complainant is entitled to get release of the fixed deposit with interest accrued thereon. Undoubtedly, the complainant was put to severe mental agony and inconvenience due to the unfair trade and business practice and deficiency of service of the opposite parties, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs, 20,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 3,000/- as cost of the proceedings. The opposite parties are jointly and severally liable.   
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.414/2024 is allowed.

b) The opposite parties are hereby directed to release Rs. 1,00,000/- (Rupees one lakh only) covered by fixed deposit receipt No. 2904 dated 12/12/2021 to the complainant with interest @ 9.5% per annum from 12/12/2021 till actual payment.

c) The opposite parties are directed to pay a sum of Rs. 20,000/- (Rupees twenty thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

d) The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.

e) The liability of the opposite parties to pay the amount shall be joint and several.

f) The order shall be complied with within 30 days of the receipt of the copy of this order.

Pronounced in open Commission on this, the 24^th day of September, 2024.

Date of Filing: 08/07/2024

                                                Sd/-                                                                  Sd/-                                                 Sd/-

                                         PRESIDENT                                                    MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Entrance fee and annual subscription receipt dated 11/12/2021.

Ext.A2 – Fixed deposit receipt No. 2904 dated 12/12/2021.

Ext.A3 – Copy of the application dated 14/12/2023 for release of the fixed deposit.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Unnikrishnan. V.P (Complainant)

                                    Sd/-                                                                        Sd/-                                                    Sd/-

                             PRESIDENT                                                           MEMBER                                         MEMBER

True Copy,      

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