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.143/10 (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 ` 1,00,000 before the 1st opposite party on 16.9.06 as fixed deposit vide receipt No.467 (Account No.325/06 Ledger Folio No.20/56) which was signed by the 2nd opposite party. In the receipt it was agreed that the amount is repayable on 16.9.11 with 9% interest per annum. It is realiably came to the knowledge of the complainant that the opposite parties convened a General Body meeting and it has resolved a resolution to sold out the landed properties owned by the 1st opposite party to pay off the liabilities of the 1st opposite party. The opposite parties conveyed the said resolution before the Registrar of Co-operative Societies for further follow up action. If the opposite parties alienated the landed properties owned by them, the complainant is not able to realise the deposited amount. Hence the complainant approached the opposite parties on several occasions demanding her money before attaining the maturity. 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 them. 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.467 dated 19.6.06 for an amount of ` 1,00,000 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 ` 1 lakh with the opposite parties on 16.9.06 and the due date of the deposit is on 16.9.11 and the agreed rate of interest is 9% per annum. It is to be noted that the date of maturity of the deposit is on 16.9.11. But the complainant got information about the resolution resolved in the General Body Meeting of the opposite party that the landed properties owned by the opposite parties are sold out to pay off the liabilities of the opposite parties. And the resolution conveyed to the Registrar of Co-operative Societies for further follow up action. It is pertinent to note that if the opposite parties alienated the landed properties owned by them the complainant could not realise her deposit amount as per Ext.A1. Hence the complainant’s prayer is allowable. As the deposit is not matured the complainant is not entitled to get the rate of interest as agreed in Ext.A1. In the circumstances, the complainant is entitled to get the deposit amount with reasonable interest from the date of deposit along with cost. Interest for the F.D is allowed, separate compensation is not allowed. 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 an interest at the rate of 6% per annum 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 10% 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.467 dated 16.9.06 for ` 1 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. | 
