IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 14th day of September, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.94/2012 (Filed on 03.05.2012)
Between:
C.G. Samuel,
Chembakasseril House,
Kulathumkal, Konni,
Pathanamthitta. …. Complainant
And:
K.T. Baby,
Indikattil House,
Vakayar, Konni,
Pathanamthitta.
(By Adv. Mathew Chacko) …. 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 brief facts of this complaint is as follows: The complainant had deposited an amount of ` 1,60,000 as Fixed Deposits in the bank of the opposite party as per FD-No.411 on 02.03.2005 for 1 year at the rate of 8% interest per annum. Opposite party paid the interest upto 02.05.2006 and an amount of ` 50,000 on 15.06.2006 and ` 60,000 on 24.06.2009. After this payments, opposite party assured to return the balance amount and its interest on 10.08.2010. But the opposite party did not returned the balance amount and its interest as against its assurance. The above said act of the opposite party is a clear deficiency in service and thereby the complainant had sustained financial loss and mental agony and the opposite party is liable to the complainant for the same. Hence this complaint for the realization of the balance amount of ` 50,000 and its remaining interest of ` 30,000 along with compensation of ` 5,000 and cost of ` 1,000.
3. In this case the opposite party is 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 proof affidavit of the complainant and Ext.A1. After closure of evidence, the complainant was heard.
6. The Point:- The complainant’s allegation is that he had deposited an amount of ` 1,60,000 in the bank of opposite party. Opposite party had paid the interest of the fixed deposit upto 02.05.2006 and an amount of ` 1,10,000 out of the total deposit of ` 1,60,000 was also returned. Opposite party also assured to return the balance amount before 10.08.2010. In spite of the said assurance the opposite party has failed to return the balance amount and its interest and the opposite party is liable to the complainant for the said amount and other distresses sustained to the complainant due to the above said act of the opposite party.
7. In order to prove the complainant’s case, the complainant had filed a proof affidavit in lieu of the chief examination along with 1 document. On the basis of the proof affidavit, the said document was marked as Ext.A1. Ext.A1 is the fixed deposit receipt No.411 for Rs.1,60,000 issued by the opposite party in the name of the complainant.
8. On the basis of the pleadings and contentions of the complainant, we have perused proof affidavit and Ext.A1. As per Ext.A1, the fixed deposit was matured on 02.03.2006 and there is no endorsement seen in Ext.A1 to the effect that the matured fixed deposit was renewed after its maturity. As per the entries on the reverse side of Ext.A1 the last payment was seen made on 24.06.2006 which is corrected as 24.06.2009. Even if the said correction is admitted, the date of last payment is 24.06.2009. But this complaint is filed on 15.03.2012, i.e. after 2 years from the date on which is the alleged cause of action had arised. Further in the complaint, complainant had stated that there was an assurance from the opposite party that the balance amount will be paid on 10.08.2010. But this was not supported with any evidence. Therefore in all respects this complaint is barred by limitation. In addition to this, though the amount in respect of Ext.A1 fixed deposit was given by the complainant, the fixed deposit is repayable to one Thankamma Samuel and she is not a party to this proceedings and hence the complainant had no cause of action to file this complaint. So in all respects this complaint is not allowable and is liable to be dismissed.
9. In the result, this complaint is dismissed. No costs.
Declared in the Open Forum on this the 14th day of September, 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: Nil.
Exhibits marked on the side of the complainant:
A1 : Fixed Deposit Receipt No.411 dated 02.03.2005 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) C.G. Samuel, Chembakasseril House,
Kulathumkal, Konni, Pathanamthitta.
(2) K.T. Baby, Indikattil House, Vakayar, Konni,
Pathanamthitta.
(3) The Stock File.
