IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 23rd day of June, 2012.
Present :- Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 39/2012 (Filed on 18.02.2012)
Between:
P.J. Geevarughese,
Elanjickal House,
Vellappara P.O.,
Konni, Pathanamthitta,
Pin – 689 691. … Complainant.
And:
National Bankers & National-
Chitty Fund, H.O. Konni,
Residing at Indikattil House,
Vakayar P.O., Konni,
Pathanamthitta – 689 691. … Opposite party.
(By Adv. Mathew Samuel)
ORDER
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’s institution. Opposite party approached the complainant and told that he will give 8.5% of interest for the deposits. Believing the words of the opposite party, the complainant deposited ` 2,00,000 by 2 instalments on 09.06.2005 and 27.06.2005. Further, the complainant subscribed a chitty conducted by the opposite party having a monthly instalment of ` 2,500 and he had paid 18 instalments. The complainant received the interest of the deposit till July, 2006. On maturity, the complainant demanded the amount due to him. But the opposite party did not returned the amount due to the complainant or its interest or renewed the deposit. The above said act of the opposite party is a clear deficiency in service which caused financial loss to the complainant. Hence this complaint for the realization of the deposited amount of ` 2,00,000 and the chitty amount of ` 45,000 with its interest at the rate of 8.5% per annum along with compensation of ` 20,000 and cost of ` 1,000.
3. The opposite party entered appearance and filed his version with the following contentions: Opposite party admitted the transaction with the complainant. But according to the opposite party, fixed deposit was matured in the year June 2006 and the chitty transaction ended in the year June 2008. But this complaint was filed in the year 2012 and hence this complaint is barred by limitation. Further, the transaction between the complainant and the opposite party can only be treated as a personal transaction based on a contract. Though the deposit made is a fixed deposit and hence it was only a money borrowing for interest and hence this Forum lacks jurisdiction to adjudicate this matter. With the above contentions, opposite party prays for the dismissal of the complaint as it is not maintainable before this Forum.
4. On the basis of the pleadings of the parties, the following points were raised for consideration:
(1) Whether the complaint is maintainable before this Forum?
(2) Whether the reliefs sought for in the complaint are allowable?
(3) Reliefs and Costs?
5. The evidence of this complaint consists of the oral testimony of PWs.1 and 2 and Exts. A1 to A3 series. Opposite party has not adduced any oral or documentary evidence in their favour. But they cross examined PW1. After closure of evidence, both sides were heard.
6. Point No.1: The opposite party challenged the maintainability of this complaint saying that this complaint is barred by limitation. According to the opposite party, the cause of action of this complaint in respect of the fixed deposit started in the year 2006 and in respect of the chitty transaction, it started in the year 2008. But this complaint was filed in the year 2012 i.e. after the expiry of 2 years from the date of starting of the cause of action. The complainant has not adduced any evidence to counter the argument regarding the question of limitation. Therefore, we find that this complaint is filed after the expiry of 2 years from the date of starting the cause of action and hence this complaint is found not maintainable before this Forum on the ground of limitation.
7. Point Nos. 2 & 3: Since point No.1 is found against the complainant, these points are not considered.
8. In the result, this complaint is dismissed. No cost.
Declared in the Open Forum on this the 23rd day of June,
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:
PW1 : P.J. Geevarughese.
PW2 : K.E. Varughese.
Exhibits marked on the side of the complainant:
A1 : Photocopy of the fixed deposit receipt dated 09.06.2005
for ` 60,000 issued by the opposite party to the
complainant.
A2 : Photocopy of the fixed deposit receipt dated 27.06.2005
for ` 1,40,000 issued by the opposite party to the
complainant.
A3 series (A3 to A3(p) : Photocopy of the chitty receipts 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)
(Sd/-)
Senior Superintendent.
Copy to:- (1) P.J. Geevarughese, Elanjickal House, Vellappara P.O.,
Konni, Pathanamthitta, Pin – 689 691. (2) National Bankers & National Chitty Fund, H.O. Konni,
Residing at Indikattil House, Vakayar P.O., Konni,
Pathanamthitta – 689 691.
(3) The Stock File.
