IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA, Dated this the 23rd day of September, 2010. Present : Sri. Jacob Stephen (President). Smt. C. Lathika Bhai (Member) N. Premkumar (Member) C.C. No. 142/2009 (Filed on 02.11.2009) Between: 1. Sam Mathew, Kurumpikalil Shalom, (Thazhe Kizhakkethil), Punthala P.O., Chengannur. 2. Kunjamma Mathai, Thazhe Kizhakkethil, (Kurumpikalil Shalom), Punthala P.O., Chengannur. (By Adv. A.K. Satheesh) ... Complainants. And: The Kulanada Service Co-Operative Bank Ltd. No.211, Kulanada, Pathanamthitta District represented by the Secretary. (By Adv. K. Sheeja) .... Opposite party. ORDER Sri. Jacob Stephen (President): The complainants have filed this complaint against the opposite party for getting a relief from the Forum. 2. The complainants’ case is that the first complainant is the son of the second complainant. The opposite party is a bank engaged in financial services and is represented by its Secretary. The complainants altogether deposited an amount of ` 2,57,903 as fixed deposits and as usual remittance in their account on various occasions with the opposite party. All the fixed deposits are for various periods at different rates of interest. Consequent to the maturity of the fixed deposits, the complainants demanded the deposit amount along with its interest due to the complainants. But the opposite party denied the payment. The opposite party financial institution is liable to pay the amount deposited by the complainants along with its interest as per the terms and conditions of the fixed deposit receipts. The non-payment of the amount entitled to the complainants by the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainants. Hence this complaint for the realisation of the deposited amount with its interest along with compensation of ` 1,00,000 and cost of ` 10,000 from the opposite parties. 3. The opposite party filed their version with the following contentions: The main contentions of the opposite party is as follows: The present Secretary assumed the charge of the Secretary only on 04.07.2008 and the previous Secretary and the Board of Directors jointly mis-appropriated the funds of the Society and various legal proceedings are going on in connection with the mis-management and the misappropriation of the previous office bearers of the Society. In the circumstances, the complainants has to go for Arbitration and the complainants are not entitled to file a complaint before this Forum and the complainants are not entitled to get any amount. With the above contentions, the opposite party prays for the dismissal of the complaint. 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 relief sought for in the complaint are allowable? (3) Relief and Cost? 5. The evidence of this case consists of the proof affidavit of the first complainant and Exts.A1 to A6. The opposite party had not adduced any evidence. After closure of evidence, both sides were heard. 6. Points 1 to 3: The complainants’ allegation against the opposite party is that the amounts entrusted by the complainants to the opposite party as fixed deposit and other deposit and the interest due were not returned on its maturity irrespective of the request of the complainants. The above said act of the opposite party is a deficiency in service and the opposite party is liable for the same to the complainants. 7. In order to prove the complainants’ case, the first complainant had filed a proof affidavit for and on behalf of himself and for the second complainant in lieu of chief examination along with 6 documents. On the basis of the proof affidavit, the documents produced were marked as Exts.A1 to A6. Ext.A1 is the photocopy of the fixed deposit receipt No.361 dated 20.07.2006 for ` 60,000 issued in the name of the first complainant by the opposite party. Ext.A2 is the photocopy of the fixed deposit receipt No.1419 dated 08.12.2005 for ` 64,646 issued to the first complainant by the opposite party. Ext.A3 is the photocopy of the fixed deposit receipt No.935 dated 30.03.2007 for ` 25,000 issued to the second complainant by the opposite party. Ext.A4 is the photocopy of the fixed deposit receipt No.173 dated 01.12.2007 for ` 45,000 issued to the first and second complainants by the opposite party. Ext.A5 is the photocopy of the fixed deposit receipt No.174 dated 01.12.2007 for ` 45,000 issued to the first and second complainants by the opposite party. Ext.A6 is the photocopy of the passbook of account No.3082 in the name of the first complainant with an outstanding balance of ` 18,257 as on 23.03.2009. 8. In this case, the opposite party had not adduced any evidence in their favour. 9. On a perusal of Exts.A1 to A6 show that an amount of ` 2,57,903 is deposited by the complainants with the opposite party. As per the terms and conditions seen in the said exhibits, the opposite party is liable to return the said amount with its agreed rate of interest on its maturity. The opposite party had not adduced any evidence to show that the amount entitled to the complainants was given. In the circumstances, we find that the complainants are entitled to get ` 2,57,903 and its interest from the opposite party. The non-payment of the said amount is a clear deficiency in service by a service provider to its consumer. Therefore, we find that this complaint is maintainable and allowable. Since the complainants are entitled to get interest for the deposited amount, separate compensation is not allowable. 10. In the result, this complaint is allowed, thereby the opposite party is directed to return the amount entitled to the complainants as per Exts.A1 to A6 along with its agreed rate of interest from the date of deposit till this date within 30 days from the date of receipt of this order along with cost of ` 1,000 (Rupees One thousand only) to the complainants, failing which the complainants are allowed to realise the whole amount due to them at the rate equal to the rate of interest offered in Exts.A1 to A6 till the whole realisation. Pronounced in the Open Forum on this the 23rd day of September, 2010. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainants : Nil. Exhibits marked on the side of the complainants: A1 : Photocopy of the fixed deposit receipt dated 20.07.2006 for ` 60,000 issued in the name of the first complainant by the opposite party. A2 : Photocopy of the fixed deposit receipt dated 08.12.2005 for ` 64,646 issued to the first complainant by the opposite party. A3 : Photocopy of the fixed deposit receipt dated 30.03.2007 for ` 25,000 issued to the second complainant by the opposite party. A4 : Photocopy of the fixed deposit receipt dated 01.12.2007 for ` 45,000 issued to the first and second complainants by the opposite party. A5 : Photocopy of the fixed deposit receipt dated 01.12.2007 for ` 45,000 issued to the first and second complainants by the opposite party. A6 : Photocopy of the passbook of account No.3082 in the name of the first complainant. Witness examined on the side of the opposite party : Nil. Exhibits marked on the side of the opposite party : Nil. (By Order) Copy to:- (1) Sam Mathew, Kurumpikalil Shalom, (Thazhe Kizhakkethil), Punthala P.O., Chengannur. (2) Kunjamma Mathai, Thazhe Kizhakkethil, (Kurumpikalil Shalom), Punthala P.O., Chengannur. (3) The Secretary, Kulanada Service Co-Operative Bank Ltd. No.211, Kulanada, Pathanamthitta District. (4) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
