The complainants case is as follows:

           The complainants are the wife and daughter of late V.K.Krishnankutty. The deceased Krishnankutty had deposited an amount of Rs.1,25,000/- in total on different days in the name of himself, his wife and daughter in the respondent firm.   In the name of Krishnankutty and his wife Rs.16,000/- each had deposited on 29/1/1997, Rs.18,000/- had deposited on the same day itself in the name of his daughter. After that Rs.75,000/- had deposited in the respondent finance on 16/6/97 in the name of his daughter. The respondent issued Fixed Deposit receipts for the deposits. The deceased Krishnankutty demanded the deposited amount after the maturity period. But not returned so far. Earlier the respondent offered 14% interest for 3 years of deposit. The complainant was in need of the amount for the marriage of his daughter. Due to the negligent act of the respondent the complainant had borrowed money from another sources for a high interest rate. The complainants are entitled to get the deposited amount with interest. Hence the complaint.

Version filed by the 1^st, 6^th and 8^th respondents is as follows:

            2. The 1^st respondent is not the Managing Partner of the respondent firm and only a partner. The former Managing Partner of this firm Mr.Chinnan is the relative of the complainants. The complainants and Chinnan colluded together and filed this complaint and the documents produced are concocted. These respondents never accepted any amount from the complainants. Hence not liable to return any amount with interest. The complainants never faced any financial loss or mental agony. So not entitled for compensation. Hence dismiss. 

 

            3.The other respondents are called absent and set exparte. The complainant had filed application to delete 5^th respondent from the party array and allowed.

           4. Points for consideration are:

1) Is there any deficiency in service on the part of respondents?

2) If so reliefs and costs?

 

           5. The evidence consists of Exhibits P1 to P4.   No oral evidence adduced by both.

            6. Points 1 & 2:The complainants are the wife and daughter of late Krishnankutty. The husband of 2nd complainant had deposited Rs.1,25,000/- in total on different days as fixed deposit for 3 years with 14% interest in the respondent firm. The respondent issued deposit receipts for the deposited amount. After the due date the complainant demanded the deposited amount with interest. The respondent refrained from the payment by saying one or other reasons. The deposited amount not returned so far. The 1^st, 6^th and 8^th respondents filed counter and fully denied the deposit. The Exhibits P1 to P4 would show that the amount was deposited in the respondent firm. The 1^st respondent in their counter stated that he is not the Managing Partner but only a Partner. No evidence adduced by the respondents to establish their version.

 

           7. In the result the complaint is allowed and all the respondents except 5^th respondent are directed to return the deposited amount as per the deposit receipts to the complainants with 14% interest from the date of deposit and 9% interest from today till realization with costs Rs.1,000/- (Rupees One thousand only) within two months from the date of receipt of copy of this order.