IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 29th day of April, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.Nos. 174/2012 & 175/2012
(Filed on 09.11.2012)
C.C.No.174/12
Between:
K.J. Thomas,
Kizhakkethalackal Veedu,
Chengannoor P.O.,
Chengannur Taluk.
(By Adv. Mathew Kuriakose) …. Complainant
And:
1. C.P. John,
Managing Partner,
C.V. Philipose & Sons,
Near Kurisukavala,
Thiruvalla Taluk,
Pathanamthitta Dist.
2. C.P. John,
Chandraviruthil Veedu,
Thiruvalla. P.O., Pathanamthitta.
3. Anitha. C. John,
W/o. C.P. John,
Partner, -do. –do. …. Opposite parties.
C.C.No.175/12
Between:
Valsa Georgi, 61 years,
W/o. Georgi Koruthu,
Kizhakke Arayalummoottil,
Puthencavu P.O.,
Chengannur Taluk.
(By Adv. Mathew Kuriakose) …. Complainant
And:
1. C.P. John,
Managing Partner,
C.V. Philipose & Sons,
Near Kurisukavala,
Thiruvalla Taluk,
Pathanamthitta Dist.
2. C.P. John,
Chandraviruthil Veedu,
Thiruvalla. P.O.,
Pathanamthitta.
3. Anitha. C. John,
W/o. C.P. John,
Partner, -do. –do. …. Opposite parties.
COMMON ORDER
Sri. Jacob Stephen (President):
The complainants have filed this complaint against the opposite parties for getting a relief from the Forum.
2. Since the matter in dispute between the parties are same and opposite parties in both cases are one and the same parties, both cases are disposed by this common order.
3. The allegations against the opposite parties in both cases is that the complainants of the above cases deposited certain amounts with the opposite parties as fixed deposits for 1 year at the rate of 12% interest payable every month. Accordingly, the complainants received the interest for 12 months. Thereafter on the maturity of the fixed deposit, complainants approached opposite parties for the release of fixed deposit amounts. But opposite parties evaded the payment. Thereafter also the complainants contacted the opposite parties on many occasions for the release of fixed deposit amounts. Even then, opposite parties failed to pay the fixed deposit amount deposited by the complainant. The complainant in C.C 174/12 deposited Rs.4,10,000 on 10.11.2009 and the complainant in C.C. 175/12 deposited Rs.3,00,000 on 15.11.2009 and she is also entitled to get an amount of Rs.35,000/- as another dues from the opposite parties. Thus the opposite parties are liable to the complainants for the aforesaid amount and its interest till date. The non-payment of the said amount by the opposite parties put the complainants to financial loss and mental agony. Hence these complaints for the realization of the amount and its interests due from the opposite parties.
4. In both cases, opposite parties are exparte.
5. On the basis of the averments of the complainants, the only point to be considered is whether these complaints can be allowed or not?
6. The evidence in C.C. 174/12 consists of the proof affidavit of the complainant and two other witnesses and Exts.A1 to A3. The evidence in C.C 175/12 consists of the proof affidavit of the complainant and two other witnesses and Exts.A1 to A3. After closure of evidence, complainants were heard.
7. The Point:- The allegation of the complainant in C.C 174/12 is that, the amount of Rs. 4,10,000 deposited by the complainant as fixed deposit with the opposite party and its accrued interest is not returned on its maturity dated 11.09.2010 and the opposite parties are liable to the complainant for the same.
8. In order to prove the case of the complainant in C.C.No.174/12 the complainant and two witnesses filed proof affidavit in lieu of their chief examination along with 3 documents. The documents produced by the complainant in C.C. 174/12 is were marked as Exts.A1 to A3 on the basis of the proof affidavit of the complainant. Ext.A1 is the term deposit receipt No.CDPD/A/01016 dated 10.11.2009 for Rs.4,10,000 in the name of the complainant issued by the opposite parties. Ext.A2 is the newspaper publication made in Mangalam Daily issued from this Forum against the opposite parties. Ext.A3 is the bill dated 06.03.2010 issued by Mangalam publication in Ext.A2 publication.
9. The allegation of the complainant in C.C.No.175/12 is that the amount of Rs. 3 lakhs deposited as fixed deposit with the opposite party and another amount of Rs. 35,000 due from opposite parties and its interest is not returned by the opposite parties inspite of the complainants demand for the same and the opposite parties are liable to the complainant for the same.
10. In order to prove the case of the complainant in C.C.175/12, the complainant and two witnesses filed proof affidavits in lieu of their chief examination along with 3 documents. On the basis of the proof affidavit of the complainant, the documents produced were marked as Exts.A1 to A3. Ext.A1 is the term deposit receipt No.CDPD/A/01009 dated 15.11.2009 for Rs. 3 lakhs issued in the name of the complainant issued by the opposite parties. Ext.A2 is the newspaper publication made in Mangalam Daily issued from this Forum against the opposite parties. Ext.A3 is the bill dated 06.03.2010 issued by the Mangalam publication for Ext.A2 publication.
11. On a perusal of the available materials on record, it is seen that opposite parties in C.C.174/12 collected an amount of Rs.4,10,000/- from the complainant on 10.11.2009 as fixed deposit for a period of 12 months at the rate of 12% interest per annum with an undertaking to pay the interest monthly. It is evident from Ext.A1 term deposit receipt.
12. Similarly an amount of Rs.3,00,000/- was collected by the opposite parties in C.C.175/12 from the complainant on 15.11.2009 for 12 months at the rate of 12% interest per annum with an undertaking to pay the interest monthly. In this case, though the complainant claims that an amount of Rs.35,000/- is also due from the opposite parties. But there is no evidence to prove the said claim. The receipt of Rs.3 lakhs by the opposite parties is evident from Ext.A1 term deposit receipt.
13. According to the complainants in both cases, opposite parties has not returned the amount collected from the complainants as fixed deposits after its maturity. Therefore, they argued that the fixed deposit amount and its interest from the date of maturity is due from the opposite parties. Since the opposite parties are exparte, we don’t find any reason to disbelieve the allegations of the complainants. Therefore, the complainants’ case stands proved as unchallenged. Hence these complaints are allowable.
14. In the result, both complaints are allowed, thereby the opposite parties in C.C 174/12 is directed to return Rs.4,10,000 (Rupees Four lakhs ten thousand only) along with its interest at the rate of 12% per annum from 10.11.2010 till this date along with cost of Rs. 1,000/- (Rupees One Thousand only) to the complainant therein and the opposite parties in C.C. 175/12 is directed to return Rs.3,00,000/- (Rupees Three lakhs only) along with its interest at the rate of 12% per annum from 15.11.2011 till this date along with cost of Rs.1,000/- (Rupees One thousand only) to the complainant therein within 15 days from the date of receipt of this order, failing which the complainants are allowed to realize the respective amounts due to them from the opposite parties with 13% interest per annum from today till the realization of the whole amount.
Declared in the Open Forum on this the 29th day of April, 2013.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
C.C. 174/2012
Witness examined on the side of the complainant : Nil.
Exhibits marked on the side of the complainant:
A1 : Term deposit receipt No.CDPD/A/01016 dated
10.11.2009 for Rs.4,10,000 issued by the opposite
parties in the name of the complainant.
A2 : Newspaper publication made in Mangalam Daily
Dated 06.03.2013 issued from CDRF, Pathanamthitta
against the opposite parties.
A3 : Bill dated 06.03.2010 issued by the Mangalam
publication in Ext.A2 paper publication.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
C.C. 175/2012
Witness examined on the side of the complainant : Nil.
Exhibits marked on the side of the complainant:
A1 : Term fixed deposit receipt No.CDPD/A/01009 dated
15.11.2009 for Rs.3,00,000 issued by the opposite
parties in the name of the complainant.
A2 : Newspaper publication made in Mangalam Daily
Dated 06.03.2013issued from CDRF, Pathanamthitta
against the opposite parties.
A3 : Bill dated 06.03.2010 issued by the Mangalam
publication in Ext.A2 paper publication.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) K.J. Thomas, Kizhakkethalackal Veedu, Chengannoor
P.O., Chengannur Taluk.
(2) Valsa Georgi, Kizhakke Arayalummoottil,
Puthencavu P.O., Chengannur Taluk.
(3) C.P. John, Managing Partner, C.V. Philipose & Sons,
Near Kurisukavala, Thiruvalla Taluk,
Pathanamthitta Dist.
(4)C.P. John, Chandraviruthil Veedu, Thiruvalla. P.O.,
Pathanamthitta.
(5)Anitha. C. John, W/o. C.P. John, Partner, -do. –do.
(6) The Stock File.
