By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. The facts of this case lie within a narrow compass. The complainant deposited Rs.10,000/- on 9-10-2001 and Rs.15,000/- on 23-10-2001 with opposite party society for a period of 12 months on promise to be repaid with interest @ 15%. Fixed deposit receipts were issued for the above deposits. Complainant also joined in the Recurring Deposit Scheme of opposite party as account No.35 and remitted monthly instalments of Rs.100/- regularly upto 8-1-2002. Eventhough complainant demanded repayment <br /> <br /> <br /> <br /> after due dates the amounts have not been repaid till date. Hence the complainant<br /> 2. Opposite party has filed version contending that the Forum has no jurisdiction to entertain the complaint since the matter is covered under the Co-operative Societies Act. That Fixed Deposit receipts produced are fabricated by the complainant in collussion with the Secretary of the Society. Malappuram Police has registered a criminal case as crime No.15/2002 regarding the matter. That opposite party has received only Rs.1000/- towards the disputed receipts.<br /> 3. Complainant was present. Both sides were represented by counsels. Exts.A1 to A3 marked on the side of the complainant. Ext.B1 to B2 marked on the side of opposite party.<br /> 4. The points that arise for consideration are <br /> (i) Whether this Forum has jurisdiction. <br /> (ii) Whether there is deficiency of service on the part of<br /> opposite party. <br /> (iii) Reliefs and costs.<br /> 5. It is settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative Societies. We have therefore no hesitation to hold that the complaint is maintainable before this Forum.<br /> 6. Complainant has produced Ext.A1 which is the attested photocopy of Fixed Deposit Receipt No.1098 dated, 9-10-2001. It bears the name and address of the complainant. The amount deposited is Rs.10,000/-. It is repayable after 12 months with interest @ 15%. Ext.A2 is attested photocopy of another Fixed Deposit receipt No.1101 dated, 23-10-2001. This also bears the name and address of the complainant. <br /> <br /> The amount deposited is Rs.15,000/-. It is repayable after 12 months with interest @ 15%. Ext.P3 is the Photostat copy of the recurring deposit pass book. Opposite party has filed version admitting Ext.A2 and A3. According to opposite party Ext.A1 receipt is a fabricated document. Opposite party relies upon Ext.B1 and B2 to support this contention. Ext.B1 is the photocopy of F.I.R. In Malappuram Police Station crime No.15/2002. Ext.B2 is the photocopy of charge sheet of this case. The offences alleged are Sections 201, 403, 408, 477(A) of Indian Penal Code. In Ext.B2 three persons are arrayed as accused in this crime. They are Secretary, President and Director of the opposite party Society for the period between 13-4-2000 to 13-11-2001. These three persons are the signatories in Ext.A1 and A2. After investigation police has charge sheeted these signatories as accused as seen in Ext.B2. Complainant is not an accused in Crime No.15/2002. Counsel for opposite party submitted that complainant is a witness in this criminal case. Originals of Ext.A1 and A2 was produced before the Forum. Ext.A1 and A2 was compared and verified with the originals and found correct. The originals were returned to complainant since it was needed to be produced in Magistrate Court in the criminal case. So the contention of opposite party that Ext.A1 and A2 are documents fabricated b y complainant in collussion with the Secretary is false and unacceptable. There is no evidence that complainant has fabricated Ext.A1 and A2. Complainant cannot be made to suffer for the embezzlement if any made by the office bearers of the Society.<br /> 7. As per the version filed opposite party contends that the amount received against Fixed Deposit receipt No.1098 (Deposit No.89/01) is only Rs.1000/- and not what is <br /> <br /> <br /> shown in Ext.A1 opposite party has not produced any document to support this contention. The amounts as per Ext.A2 and Ext.A3 is admitted by opposite party. Complainant filed statement that he has received the amount as per Ext.A3 recurring deposits (a/c No.35). He has not received the amounts as per Ext.A1 and A2 till date. Ext.A1 and A2 proves the case of the complainant. Complainant has approached opposite party demanding repayment and still the amount is not paid. Complainant is legally entitled to the repayment of amounts as per Ext.A1 and A2. We find that not repaying the deposits amounts to deficiency of service.<br /> 8. In the result, we allow the complaint and opposite party is ordered to pay the following to the complainant: <br /> (i) a sum of Rs.10,000/- with interest @ 15% from 9-10-2001 onwards for a period of 12 months and thereafter @ 9% till realisation.<br /> (ii) a sum of Rs.15,000/- with interest @ 15% from 23-10-2001 onwards for a period of 12 months and thereafter @ 9% till realisation and <br /> (iii) along with costs of Rs.1500/- within 3 weeks from the date of receipt of copy of this order. <br /> Dated this 26th day of September, 2007.<br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A3<br /> Ext.A1: Photo copy of the Fixed Deposit Receipt dated, <br /> 9-10-2001 for Rs.10,000/-<br /> Ext.A2: Photo copy of the Fixed Deposit Receipt dated, <br /> 23-10-2001 for Rs.15,000/-<br /> Ext.A3: Photostat copy of the Recurring Deposit pass book.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 and B2<br /> Ext.B1: Photo copy of F.I.R. in Malappuram police <br /> station Crime No.15/2002.<br /> Ext.B2: Photocopy of charge sheet of Crime No.15/2002.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />