IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA.

Dated this the 23^rd day of December, 2009.

Present:- Sri. Jacob Stephen (President)

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C. No.107/09

Between:

Bindu Pradeep,

Poovathummoottil House,

Varayannoor, Pullad.P.O.,

Koipuram Village.

(By Adv. Lalu John)                                                                         …..      Complainant.

And:

1. K. Venugopal,

Krishnachethu House,

Maramon.P.O.,

Thottappuzhassery.

2. 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 1^st opposite party is the Proprietor of Krishnachethu Financiers and 2^nd opposite party is the firm run by the 1^st opposite party and are conducting the business of chitty and receiving deposit on interest.  The complainant had an S.B. Account with the opposite parties since 16.5.2005.  The total balance stands in the credit of the complainant as on 10.7.2009 is Rs.3,20,558/-.  The complainant approached the 1^st opposite party for receiving the amount in the S.B. Account.  But the opposite party has not paid the 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 said amount with its interest at the rate of 18% from 16.5.2005 along with compensation of Rs.50,000/- and cost of this proceedings.

              3. In this case, the opposite parties has not appeared or contested the case irrespective of notices including paper publication against the opposite parties.  So opposite parties were declared as exparte. 

               4. The complainant’s case is that she had opened an S.B. Account with the opposite party on 16.5.2005 with an opening balance of Rs.1,37,066.  Thereafter she had made deposits and withdrawals.  The remaining balance stands in the credit of the complainant’s S.B. Account as on 10.7.2009 is Rs.3,20,558/-, which was not returned by the opposite party irrespective of the demand of the complainant.

            5. In order to prove the complainant’s case, the complainant’s power of attorney holder filed a proof affidavit along with two documents.  The said documents were marked as Exts.A1 and A2 on the basis of the proof affidavit.  Ext.A1 is the Power of attorney executed by the complainant. Ext.A2 is the S.B. Account Pass Book.  After the closure of evidence, the complainant was heard.  

                         6. On a perusal of the materials on record it is seen that the complainant had a credit balance of Rs.3,20,558/- as on 10.7.2009 vide Ext.A2 Pass Book.  There is no evidence to show that the opposite party had given the amount stands in the credit of the complainant.  So the complainant’s case stands proved unchallenged.

                        7. The non-payment of the amount entitled to the complainant by the opposite party is a clear deficiency of service and hence 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, there is no evidence to show that the S.B. Account holder, the complainant, is entitled to get any interest as claimed by the complainant.  So we are not inclined to allow any interest to the complainant as claimed by her.  The complainant is also not entitled to get any separate compensation in the facts and circumstances of this case.

                        8. In the result, this complaint is allowed thereby the complainant is allowed to realize an amount of Rs. 3,20,558/- (Rupees Three Lakh Twenty Thousand Five hundred and fifty eight only) from the opposite parties along with 6% interest per annum from the date of filing of this complaint till this date.  The complainant is also allowed to realize Rs.1,000/- (Rupees One Thousand only) as cost from the opposite parties.  The opposite parties are directed to comply the above order within 30 days from the date of receipt of this order failing which the complainant is entitled to realize 9% interest per annum for the amount from today till the whole realization.

                        Declared in the Open Forum on this the 23^rd 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       :  Power of attorney executed by the complainant.

A2       :  S.B. Account Pass Book.

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) Bindu Pradeep, Poovathummoottil House, Varayannoor, Pullad.P.O.,

           Koipuram Village.

(2)   K. Venugopal, Krishnachethu House, Maramon.P.O., Thottappuzhassery.

(3)   The Stock File.