IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of December, 2011.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
C.C.No.225/2011 (Filed on 21.11.2011)
Between:
K.E. Varghese,
Liji Villa,
Mallassery. P.O.,
Pathanamthitta – 689 646. ….. Complainant
And:
K.T. Baby,
Managing Partner,
National Bankers,
H.O. Konni,
Residing at: Indikattil House,
Vakayar.P.O., Pathanamthitta. ….. Opposite party.
O R D E R
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that he is a depositor in the opposite party bank and the opposite party bank is represented by its Managing Partner. Complainant had deposited an amount of ` 1 lakh on 10.05.2005 and ` 1 lakh on 15.05.2005 as Fixed Deposit for 1 year at the rate of 7% interest and the F.D receipts for the said amount was also given to the complainant by the opposite party. Such a deposit was made by the complainant, as the opposite party is a friend of the complainant. The complainant also received the interest for F.D till 15.03.2006. On maturity of the F.D, the complainant demanded the F.D amount. But the opposite party did not paid the F.D amount or its interest till this date. The non-payment of the F.D amount and its interest by the opposite party caused financial loss and mental agony to the complainant. The above said act of the opposite party is a deficiency in service and the opposite party is liable to the complainant for the same. Hence this complaint for the realization of the fixed deposit amount with its interest from 15.03.2006 onwards along with compensation of ` 10,000 and cost of ` 1,000.
3. In this case opposite party is exparte.
4. On the basis of the pleadings of the complainant, 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 the complainant as PW1 and Exts.A1 and A2. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation is that an amount of ` 2 lakhs deposited in the opposite party bank by the complainant as F.D and its interests from 15.03.2006 has not been returned by the opposite party so far in spite of the complainant’s demand for the same.
7. In order to prove the complainant’s case, the complainant adduced oral evidence as PW1 and the documents produced by the complainant were marked as Exts.A1 and A2. Ext.A1 is the F.D receipt No.465 dated 10.05.2005 for ` 1 lakh issued by the opposite party in the name of the complainant. Ext.A2 is the F.D receipt No.466 dated 15.05.2005 for ` 1 lakh issued by the opposite party in the name of the complainant.
8. On a perusal of the deposition of the complainant and Exts.A1 and A2, it is seen that complainant had deposited a total amount of ` 2 lakhs vide Exts.A1 and A2 fixed deposit receipts. According to the complainant, he had received the interest of the F.D till 15.03.2006. Since the original of the F.Ds were produced by the complainant before this Forum, it can be seen that the F.D amount and its interests in respect of Exts.A1 and A2 F.D receipts has not been returned by the opposite party. Further since the opposite party is exparte, the complainant’s case stands proved as unchallenged. The non-payment of the F.D amount and its interest as per Ext.A1 and A2 is a clear deficiency of service from the part of the opposite party. Therefore, this complaint can be allowed.
9. In the result, the complaint is allowed thereby the opposite party is directed to pay the Fixed Deposit amount with its interests at the rate of 7% per annum from 15.03.2006 till this date within 15 days from the date of receipt of this order along with cost of ` 500 (Rupees Five hundred only) to the complainant failing which the complainant is allowed to realize the whole amount with 10% interest from today till the realization of the whole amount. Since interest is allowed, no orders for compensation.
Declared in the Open Forum on this the 27th day of December, 2011.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : K.E. Varghese
Exhibits marked on the side of the complainant:
A1 : Photocopy of the Fixed Deposit Receipt No.465 dated 10.05.2005
for ` 1 lakh issued by the opposite party in the name of the complainant.
A2 : Photocopy of the Fixed Deposit Receipt No.466 dated 15.05.2005
for ` 1 lakh issued by the opposite party in the name of the complainant.
Witness examined on the side of the opposite party: Nil
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) K.E. Varghese, Liji Villa, Mallassery. P.O.,
Pathanamthitta – 689 646.
(2) K.T. Baby, Managing Partner, National Bankers,
H.O. Konni.
(3) The Stock File.
