IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA, Dated this the 20th day of September, 2010. Present : Sri. Jacob Stephen (President). Smt. C. Lathika Bhai (Member) N. Premkumar (Member) C.C. No. 57/2010 (Filed on 29.03.2010) Between: Elsy Thomas, Kadavil House, Chenneerkara Village, Chenneerkara P.O., Pathanamthitta. (By Advocate George Thomas) .... Complainant. And: James Abraham, Managing Partner, National Finance & Chits, H.O. Omalloor, residing at Kochumangattu Mannil Veedu, Vakayar P.O., Konni, Vallicode-Kottayam Village. .... Opposite party ORDER Sri. Jacob Stephen (President): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that she had deposited an amount of ` 1,00,000 with the opposite party on 22.11.2007 as fixed deposit for one year at the rate of 9% interest per annum vide fixed deposit receipt No. Nil dated 22.11.07. She had received the agreed rate of interest till 22.12.2008. The fixed deposit matured on 22.11.2008 and the complainant demanded the fixed deposit amount with its interest due. But the opposite party has not returned the fixed deposit amount and its interest due to the complainant. Because of the above said act of the opposite party, the complainant had lost the fixed deposit amount and its interest and thereby she had sustained financial loss and mental agony. The above said act of the opposite party is a clear deficiency in service. Hence, this complaint for the realisation of the fixed deposit amount and its interest at the rate of 9% from 22.12.2008 onwards along with compensation of ` 5,000 for the mental agony sustained to the complainant and ` 1,000 as cost of this proceedings. 3. In this case, the opposite party has not appeared or filed his version. Hence opposite party is declared as exparte. 4. On the basis of the allegations of the complainant against the opposite party, the only point to be considered is whether this complaint is allowable or not? 5. The evidence of this case consists of the proof affidavit of the complainant in lieu of chief examination and Ext.A1. After closure of evidence, the complainant was heard. 6. The Point: The complainant’s allegation against the opposite party is that the amount deposited by the complainant with the opposite party as fixed deposit was not returned by the opposite party on its maturity irrespective of the complainant’s request for the same. The above said act of the opposite party is a deficiency of service, which caused financial loss and mental agony to the complainant, and the opposite party is liable to the complainant for the same. 7. In order to prove the complainant’s case, the complainant had filed a proof affidavit narrating her case in lieu of chief examination and produced the fixed deposit receipt issued by the opposite party in connection with the said transaction. The fixed deposit receipt number nil dated 22.11.2007 for ` 1,00,000 deposited for a period of one year @ 9% interest per annum produced is marked as Ext.A1 on the basis of the proof affidavit filed by the complainant. Ext.A1 shows that the complainant had deposited ` 1, 00,000 as fixed deposit with the opposite party for one year at the rate of 9% interest per annum and its maturity date is 22.11.2008. The possession of the fixed deposit receipt by the complainant itself shows that the opposite party had not returned the fixed deposit amount. But as per the averments in the complaint and in the proof affidavit, the complainant herself admitted that she had received the agreed rate of interest till 22.12.2008. Since the opposite party is exparte, the complainant’s allegation against the opposite party stands proved as unchallenged. Therefore, we find that the opposite party is liable to the complainant and the complainant is entitled to get fixed deposit amount and its interest at 9% per annum from 22.12.2008 along with compensation and cost. The non-payment of the fixed deposit amount is a clear deficiency of service committed by the opposite party. Therefore, this complaint is allowable with modifications. Since the complainant is entitled to get the interest, no separate compensation is allowable. 8. In the result, this complaint is allowed, thereby the opposite party is directed to pay the fixed deposit amount of ` 1,00,000 (Rupees One lakh only) to the complainant with its interest at the rate of 9% per annum from 22.12.2008 till this date within 30 days from the date of receipt of this order along with cost of ` 500 (Rupees Five hundred only), failing which the complainant is allowed to realise the aforesaid amount from the opposite party along with interest at the rate of 12% per annum from today till the whole realisation. Pronounced in the Open Forum on this the 20th day of September, 2010. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant : Nil. Exhibits marked on the side of the complainant: A1 : Original Fixed deposit receipt for Rs. ` 1,00,000 issued by the opposite party to the complainant. Witness examined on the side of the opposite party : Nil. Exhibits marked on the side of the opposite party : Nil. (By Order) Senior Superintendent Copy to:- (1) Elsy Thomas, Kadavil House, Chenneerkara Village, Chenneerkara P.O., Pathanamthitta. (2) James Abraham, Managing Partner, National Finance & Chits, H.O. Omalloor, residing at Kochumangattu Mannil Veedu, Vakayar P.O., Konni, Vallicode-Kottayam Village. (3) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
