IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of July, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 103/2012 (Filed on 22.05.2012)
Between:
Kunjamma John,
Thuruthiyil Veedu,
Vellayil P.O., Perumpatty Village,
Mallappally Taluk, represented by
the Power of Attorney Holder
John Varghese of –do-- --do--. … Complainant.
And:
1.C.V. Philipose Sons, Cross-
Junction, Thiruvalla represented
by John C.P., Managing Director.
2.John C.P., Managing Director,
C.V. Philipose Sons, Cross-
Junction, Thiruvalla, residing at
Chandravirutil House, Kulakad,
Thiruvalla.
3. Anita C.P., Managing Director,
C.V. Philipose Sons, Cross-
Junction, Thiruvalla, residing at
Chandravirutil House, Kulakad,
Thiruvalla. … Opposite parties.
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite parties for getting a relief from the opposite parties.
2. The complainant’s case is that she had deposited a total amount of ` 6,31,440 on 20.06.2006 with the opposite parties as fixed deposit vide receipt Nos.CVPD/A/00584 and CVPD/A/00754 for 36 months at the rate of 12% per annum. Since the complainant is at USA, she had not collected any interest. As per the automatic renewal condition of the said fixed deposits, the said deposits are continuing. While so, out of the total interest of ` 4,29,400, opposite parties had given a total amount of ` 80,000 as interest of the said fixed deposits, to the complainant’s power of attorney holder as per the demand of the complainant’s power of attorney holder. The remaining interest of ` 3,49,400 and the fixed deposits amount is due to the complainant. But the said amount was not returned to the complainant irrespective of the demand by the complainant. The above said act of the opposite parties is a clear deficiency in service. So the complainant issued a notice on 23.03.2012 demanding the amounts due to the complainant. But the opposite parties refused to accept the notice. Because of the above said act of the opposite parties, the complainant had sustained financial loss and mental agony and the opposite parties are liable to the complainant for the same. Hence this complaint for the realization of the total deposited amount of ` 6,31,440 with its interest of ` 3,49,400 along with compensation of ` 2,00,000 and cost and its interest from the date of filing of this complaint.
3. In this case, opposite parties are exparte.
4. On the basis of the pleadings in the complaint the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral deposition of PW1 and Exts. A1 to A6. After closure of evidence, complainant was heard.
6. The point: The complainant’s allegation is that the complainant had deposited a total amount of ` 6,31,440 with the opposite parties as fixed deposits at the rate of 12% interest per annum vide 2 fixed deposit receipts. Out of the total interest due, opposite parties given ` 80,000 to the power of attorney holder of the complainant. The balance interest and the fixed deposits amount was not returned by the opposite parties so far in spite of the repeated demands which is a clear deficiency in service. So the opposite parties are liable to the complainant for the above said deficiency in service.
7. In order to prove the case of the complainant, the complainant’s power of attorney holder had filed a proof affidavit in lieu of his chief examination along with 6 documents. On the basis of the proof affidavit, complainant’s power of attorney holder was examined as PW1 and the documents produced were marked as Exts. A1 to A6. Ext. A1 is the power of attorney executed by the complainant in favour of PW1. Ext. A2 is the fixed deposit receipt No. 00754 dated 20.06.2006 for ` 4,81,440 issued by the opposite parties in the name of the complainant. Ext. A3 is the fixed deposit receipt No. 00584 dated 20.06.2006 for ` 1,50,000 issued by the opposite parties in the name of the complainant. Exts. A4, A4(a) and A4(b) are the postal receipts in respect of the registered notice issued by the complainant in the name of the opposite parties. Exts. A5, A5(a) and A5(b) are the undelivered registered notices issued to the opposite parties. Ext. A6 is the copy of the registered notice dated 23.03.2012 issued by the complainant in the name of the opposite parties.
8. On a perusal of the available materials on record, it is seen that the complainant had deposited a total amount of ` 6,31,440 vide Exts. A2 and A3 fixed deposit receipts and as per the entries on Ext. A3 it is seen that she had received a total interest of ` 80,000 from the opposite parties. It is further seen that the complainant had demanded the fixed deposits amount and the interest from the opposite parties as per Exts. A4 to A6. There is no evidence to show that the opposite parties have returned the fixed deposits amount and its interest to the complainant so far. In the circumstances and since the opposite parties are exparte, the complainant’s case stands proved as unchallenged. The non-payment of the fixed deposits and its interest to the complainant by the opposite parties is a clear deficiency in service. Therefore, we find that the amount due to the complainant is to be returned by the opposite parties and the opposite parties are liable to pay the entire amount to the complainant. Therefore, this complaint is allowable.
9. In the result, this complaint is allowed, thereby the opposite parties are directed to return an amount of ` 9,80,840 (Rupees Nine lakhs eighty thousand eight hundred and forty only) with 10% interest per annum from the date of filing of this complaint along with a cost of ` 5,000 (Rupees Five thousand only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 12% interest per annum from today till the realization of the whole amount. Since interest for the fixed deposit amount is allowed, no orders for compensation.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this the 27th day of July, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
APPENDIX:
Witness examined on the side of the complainant:
PW1 : John Varghese.
Exhibits marked on the side of the complainant:
A1 : Power of attorney dated 06.02.2012 executed by the
complainant in favour of John Varghese.
A2 : Fixed deposit receipt No.CVPD/A/00754 dated 20.06.2006
issued by the opposite parties to the complainant.
A3 : Fixed deposit receipt No.CVPD/A/00584 dated 20.06.2006
issued by the opposite parties to the complainant.
A4, A4(a) & A4(b) : Postal receipts.
A5, A5(a) & A5(b) : Undelivered registered notice issued by the
complainant to the opposite parties.
A6 : Photocopy of the notice dated 23.03.2012 sent by the
complainant to the opposite parties.
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) John Varghese, Thuruthiyil Veedu, Vellayil P.O.,
Perumpatty Village, Mallappally Taluk.
(2) John. C.P., Managing Partner, C.V. Philipose Sons, Cross-
Junction, Thiruvalla.
(3) John C.P., Chandravirutil House, Kulakad, Thiruvalla.
(4) The Stock File.
