IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 18th day of January, 2011. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No.144/10 (Filed on 13.10.2010)Between: Smt. Ambika. B. Nair, Peroor House, Njettoor Muri, Kulanada Village. (By Adv. C.V. Jyothi Raj) ..... Complainant. And: 1. Kulanada Service Co-op: Bank Ltd. No.2133, Kulanada.P.O., Pathanamthitta District. 2. The Secretary, -do. –do. 3. The President, -do. –do. ..... Opposite parties. O R D E R Smt. C. Lathika Bhai (Member): The complainant has filed this complaint against the opposite party for getting a relief from the Forum. 2. The facts of the complaint is as follows: The complainant had deposited an amount of ` 2,00,000 before the 1st opposite party on 4.10.06 as fixed deposit vide receipt No.504 (Account No.362/06-07 Ledger Folio No.20/72) which was signed by the 2nd opposite party. In the receipt it was agreed that the amount is repayable on 4.11.09 with 9% interest per annum. On 5.11.09, the next day of maturity, the complainant approached the 2nd opposite party for return of the fixed deposit amount with interest. But the said amount was not returned to the complainant. Thereafter the complainant approached the 2nd opposite party several time, but the opposite party refused to return the amount raising lame excuses. It is understood that the opposite parties misappropriated the amount collected from the depositors. Now the opposite parties taking hectic steps to alienate the landed property and the building situated therein to strangers. On 1.10.10 the complainant issued a letter to the 2nd opposite party demanding to return the deposit amount with interest. It was accepted by the opposite party but not replied or take any decision on her request. The above said act of the opposite party is a deficiency in service from the part of opposite parties. The complainant is a member of the 1st opposite party and she is in need of money for his personal requirements. Hence she filed this complaint for getting an order for directing the opposite parties to pay the fixed deposit amount with interest along with compensation and cost. 3. The opposite parties have not appeared or filed version hence they set exparte. 4. The point raised for consideration is whether the complainant is entitled to get the reliefs as sought for in the complaint? 5. The evidence in this case consists of the proof affidavit and 2 documents filed by the complainant. On the basis of the proof affidavit the documents produced were marked as Ext.A1 and A2. After closure of the evidence, complainant heard. 6. In order to prove the complainant’s case, the complainant filed a proof affidavit narrating his case and reliefs and Ext.A1 and A2. Ext.A1 is the Fixed Deposit receipt No.504 dated 4.10.06 for an amount of ` 2,00,000 in the name of the complainant issued by the opposite parties. Ext.A2 is the copy of notice-dated 1.10.10 issued by the complainant to the 2nd opposite party. 7. There is no oral or documentary evidence from the part of opposite parties. 8. On going through the evidences in this case, Ext.A1 Fixed Deposit receipt shows that the complainant had deposited an amount of ` 2 lakh with the opposite parties on 5.7.07 and the agreed rate of interest is 9% per annum. The complainant is entitled to get the F.D amount with interest on due date from the opposite parties. There is no evidence for showing that the fixed deposit amount and its interest as per Ext.A1 was received by the complainant from the opposite party. The non-return of the fixed deposit amount with interest afterdue date to the complainant is a clear deficiency in service from the part of opposite parties. Hence the opposite parties are liable to pay the amount with agreed interest to the complainant. In the circumstances, the complainant’s prayer can be allowed. Since the interest of the F.D amount allowed no separate compensation required. 9. In the result, the complaint is allowed thereby the opposite parties are directed to pay the fixed deposit amount as per Ext.A1 with the agreed rate of interest from the date of deposit till this date along with cost of ` 1,000 (Rupees One Thousand only) within one month from the date of receipt of order, failing which the complainant is entitled to realize the whole amount allowed above with 12% interest per annum from today till the whole realisation. Declared in the Open Forum on this the 18th day of January, 2011. (Sd/-) C. Lathika Bhai, (Member) Sri. Jacob Stephen (President) : (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 : Photocopy of the Fixed Deposit receipt No.504 dated 4.10.06 for ` 2 lakh issued by the opposite parties to the complainant. A2 : Copy of advocate notice dated 1.10.10 issued by the complainant to the 2nd opposite party. 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) Smt. Ambika. B. Nair, Peroor House, Njettoor Muri, Kulanada Village. (2) Kulanada Service Co-op: Bank Ltd.No.2133, Kulanada.P.O., Pathanamthitta District. (3) The Secretary, -do. –do. (4) The President, -do. –do. (5) The Stock File. | 
