By Sri.P.K,.Sasi, President
The case of the complainant is that she has joined in a 30th day quarterly kuri conducted by the opposite party vide statement No.28. The kuri started from 30/10/2008 and terminated on 30/4/19. Towards the kuri security the complainant deposited Rs.1,00,000/- with the opposite party as Rs.50,000/- on 8/5/10 and another Rs.50,000/- on 20/1/11. The opposite party offered 12% interest for the security deposit. Whereas the opposite party defaulted to pay interest for the security deposit. They also refused to return the deposit amount. Hence a lawyer notice was issued on 15/11/18. But no relief received. The act of the opposite party keeping the deposit amount unauthorizedly without returning, amounts to deficiency in service as well as unfair trade practice on their part. Hence this complaint is filed.
2. On receiving complaint, notice was properly served to the opposite party. Whereas even after accepting the notice, the opposite party neither appeared before the Forum nor submitted any version. Hence the opposite party set exparte and posted for complainant’s evidence. From the side of complainant she has appeared before the Forum and submitted proof affidavit, in which she has affirmed andexplained all the averments stated in the compliant in detail. She has also produced3 documents, which are marked as Exts.P1 to P3. Ext.P1 series are duplicate deposit receipts (2 Nos.), Ext.P2 is a copy of lawyer notice and Ext.P3 is postal receipt. Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum or submitted their version.
3. We heard the learned counsel for the complainant in detail and perused the contents of affidavit and documents produced. Ext.P1 series duplicate copies of deposit receipts would go to show that the complainant had deposited Rs.1,00,000/- in total with the opposite party at the rate of 12% interest. The denial of amount deposited by the complainant definitely amounts to deficiency in service as well as unfair trade practice on the part of opposite party company.
4. In the result, we allow this complaint and the opposite party company is directed to return Rs.1,00,000/- (Rupees One lakh only) with 12% interest from the date of complaint to the complainant within one month from receiving copy of this order. There is no separate order regarding compensation and cost, since sufficient interest is allowed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of November 2019.
Sd/- Sd/-
Dr.K.Radhakrishnan Nair P.K.Sasi, Member President.
Appendix
Complainant’s Exhibits
Ext.P1 series Duplicate deposit receipts (2 Nos.),
Ext.P2 copy of lawyer notice
Ext.P3 postal receipt
Id/-
President
