IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 23rd day of December, 2009. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No.108/09 Between: Bhaskaran Nair, Poovathummoottil House, Varayannoor, Pullad.P.O., Koipuram Village. (By Adv. Lalu John) ….. Complainant. And: - K. Venugopal,
Krishnachethu House, Maramon.P.O., Thottappuzhassery. - K. Venugopal,
Proprietor, Krishnachethu Financiers, Pullad, Pullad.P.O. ….. Opposite parties. O R D E R Sri. Jacob Stephen (President): The complainant filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that 1st opposite party is the Proprietor of Krishnachethu Financiers and 2nd opposite party is the firm run by the 1st opposite party and are conducting the business of chitty and receiving deposit on interest. On 15.04.2007, the complainant deposited a total amount of Rs. 4 lakhs with the opposite party vide Fixed Deposit Receipts Nos.565, 566 and 567 respectively for a period of 12 months at the rate of 18% interest per annum. The opposite party had given interest at the agreed rate to the complainant for the fixed deposit amount till 15.06.2007. The complainant approached the first opposite party on 16.04.2008 and requested the opposite party for the closure of the fixed deposit account of Rs.4 lakhs. But the opposite party did not return the deposited amount. The above said act of the opposite party is a deficiency in service, which caused financial loss, mental agony to the complainant. Hence this complaint for the realization of the fixed deposit amount with its interest at the rate of 18% from 15.04.2007 along with compensation of Rs.1,00,000/- lakh and cost of this proceedings. 3. In this case, the opposite parties have not appeared or contested the case irrespective of notices including paper publication against of the opposite parties. So, opposite parties were declared as exparte. 4. The complainant’s case is that the amount deposited by the complainant with the opposite party as fixed deposits is not returned by the opposite party, after the maturity of the fixed deposit irrespective of the complainant repeated demands for the return of the fixed deposit amount with its balance interest. 5. In order to prove the complainant’s case, the complainant had filed a proof affidavit along with three documents. The said documents were marked in evidence as Exts.A1 to A3 on the basis of the proof affidavit. Ext.A1 is Fixed Deposit Receipt No.565 dated 15.04.2007 for Rs.1 lakh. Ext.A2 is the fixed deposit receipt No.566 dated 15.04.2007 for Rs. 1 lakh and Ext.A3 is the fixed deposit receipt No.567 dated 15.04.2007 for Rs.2 lakhs issued by the opposite parties in the name of the complainant. After closure of evidence complainant was heard. 6. On a perusal of the materials on record, it is seen that the complainant had deposited an amount of Rs. 4 lakhs with the 2nd opposite party on 15.04.2007 for aperiod of 12 months at the rate of 18% interest per annum and its maturity date is 15.04.2008. It is also seen that interest of the said fixed deposits was paid up to 15.06.2007. Nothing on record shows that the fixed deposit amounts as per Ext.A1 to A3 were given to the complainant by the opposite parties. Thus the complainant’s case stands proved unchallenged. 7. The non-payment of the fixed deposit amounts by the opposite party with its balance interest to the complainant is a clear deficiency of service and the opposite parties are jointly and severally liable to the complainant for the above said deficiency of service. Therefore this complaint is allowable with cost. However, the complainant is entitled to get the interest of the fixed deposits, we are not inclined to allow any separate compensation to the complainant. 8. In the result, this complaint is allowed; thereby the complainant is allowed to realize an amount of Rs. 4 lakh (Rupees One Lakh only) as per Exts.A1 to 3 fixed deposit receipts along with interest at the rate of 18% per annum from 15.06.2007 till the realization of the whole amount from the opposite parties. The complainant is also allowed to realize Rs.1,000/- (Rupees One Thousand only) as cost of proceedings. The opposite parties are directed to comply the above order within 30 days from the date of receipt of this order. Declared in the Open Forum on this the 23rd day of December, 2009. (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 : Fixed Deposit receipt No.565 dated 15.04.2007 for Rs. 1 lakh issued by the opposite parties to the complainant. A2 : Fixed Deposit Receipt No.566 dated 15.04.2007 for Rs. 1 lakh issued by the opposite parties to the complainant. A3 : Fixed deposit receipt No.567 dated 15.04.2007 for Rs.2 lakhs issued by the opposite parties to the complainant. Witness examined on the side of the opposite parties: Nil. Exhibits marked on the side of the opposite parties: Nil. (By Order) Senior Superintendent. Copy to:- (1) Bhaskaran Nair, Poovathummoottil House, Varayannoor, Pullad.P.O., Koipuram Village. (2) K. Venugopal, Krishnachethu House, Maramon.P.O., Thottappuzhassery. (3) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
