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) Sri. N. Premkumar (Member) C.C.No.126/09 (Filed on 05.09.2009) Between: Radhamaniamma. P., Kollethu Veedu, Attachackal, Konni Thazham.P.O., Pathanamthitta. (By Adv. A.K.Raveendranath) ..... Complainant And: 1. Sreenarayana Traders & Financiers Ltd., Reg.No.09-05890/90, Pathanamthitta rep. by Managing Director, M.K. Divakaran, residing at: Mini Sadanam, Kannankara, Pathanamthitta – 689 645. 2. M.K. Varadarajan, Manager, Sreenarayana Traders & Financiers Ltd., Pathanamthitta, residing at: Manappallil, Pramadom, Mallassery, Pathanamthitta. (By Adv. Sam Koshy) ..... Opposite parties. O R D E R Smt. C. Lathika Bhai (Member): The complainant has filed this complaint against the opposite parties for getting a relief from Forum. 2. The facts of the complaint is as follows:- The complainant had deposited an amount of ` 30,000 with the opposite party bank on 24.4.03. 1st opposite party is the Financial Institution represented by its Managing Director and 2nd opposite party is the manager of the 1st opposite party. The term of deposit was 5 years and the rate of interest was 15% and the opposite parties have issued the fixed deposit receipt as D.No.170/3 to the complainant. The above said fixed deposit matured on 24.4.08, then the complainant approached the opposite party several time for getting the F.D amount with interest. But the opposite parties have avoided payment by saying one or other pretest. The opposite parties have not paid the amount till this date. The complainant entitled to get the deposit amount with agreed interest from the opposite parties hence she filed this complaint for getting the F.D amount with interest from the opposite parties along with compensation and cost. The complainant prays for granting the relief. 3. The opposite parties have filed a common version stating the following contentions: The complaint is not maintainable either in law or on facts. The brother of the complainant Mr. Raveendran Nair.K.P., Koickamuriyil, Pramadom, Mallassery had subscribed a chitty for one lakh. He auctioned the chitty for an amount of ` 85,000 and accepted the amount on 29.6.06 by executing a chitty agreement with the petitioner as one and only surety with specific condition that if any default in the payment of the prized chitty instalments the opposite parties can recover the amount and interest from the deposit of the complainant. The complainant’s brother defaulted the chitty from 21st instalment. An amount of ` 50,000 and interest was due to the opposite parties from him. Hence the entire amount and interest of the petitioner was adjusted towards the liability of her brother, as she was the only surety. No amount is due to the complainant from the opposite party. There is no deficiency in service from the part of opposite parties hence there is no mental agony and loss to the complainant. 4. From the above pleadings, the points for consideration is whether the complainant is entitled to get any relief as prayed for in the complaint? 5. The evidence of this complaint is that the oral evidence of the complainant as PW1 and Ext.A1 and the oral evidence of the 2nd opposite party as DW1 and Ext.B1 to B5. After closure of the evidence, both sides heard. 6. The complainant’s case is that she had deposited an amount of ` 15,000 for a term of 5 years with 15% interest to the opposite party’s bank. After attaining the maturity, the complainant had approached the opposite parties for getting the deposit amount with interest. But the opposite parties avoid the payment one or other pre-test. Hence the complainant filed this complaint for getting the relief as sought for in the complaint. 7. In order to prove the complainant’s case, the complainant had filed a proof affidavit and one document. On the basis of the proof affidavit, the complainant has examined as PW1 and Ext. A1 marked. Ext.A1 is the fixed deposit receipt A/c.No.170/3 dated 24.4.03 for ` 30,000 in the name of the complainant issued by the opposite parties. The opposite party’s counsel has cross-examined PW1. 8. The opposite parties contended that the complainant’s brother was a subscriber of chitty started by them. He auctioned the chitty for an amount of ` 85,000 and accepted the amount by executing a chitty agreement. The complainant is the only surety with specific condition that if any default committed by the subscriber (complainant’s brother) the opposite parties can recover the amount and interest from the deposit of the complainant. The complainant’s brother defaulted the chitty instalments from 21st instalment and an amount of ` 50,000 and interest was due to the opposite parties from him. The fixed deposit amount and its interest of the complainant were adjusted towards the liability of the complainant’s brother’s chitty as per the surety bond executed by the complainant. Hence the complainant is entitled to get any amount from the opposite parties. 9. In order to prove the contentions of opposite parties, 2nd opposite party adduced oral evidence as DW1 and Ext.B1 to B5 were marked. Ext.B1 is the copy of Thalavariyola of the chitty subscribed by the complainant’s brother. Ext.B2 is the copy of voucher dated 29.6.06 for an amount of ` 85,000 prepared by the opposite parties and signed by K.P. Raveendran Nair. Ext.B3 is the copy of voucher dated 5.6.06 for an amount of ` 1,313 prepared by the opposite parties and signed by the complainant. Ext.B4 is the copy of voucher dated 5.6.06 for an amount of ` 2,625 prepared by the opposite parties and signed by the complainant. Ext.B5 is the copy of chitty agreement between K.P. Raveendran Nair and Radhamany (complainant) with 1st opposite party M.K. Divakaran dated 29.6.06. The complainant’s counsel has cross-examined DW1. 10. On going through the evidences in this case, Ext.A1 shows that the complainant had deposited an amount of ` 30,000 with the opposite parties bank on 24.4.03 for 5 years. The rate of interest is 15% and the date of maturity is on 24.4.08. As per Ext.A1 receipt the complainant is entitled to get the fixed deposit amount with interest from the opposite partieson maturity. But on a perusal of the Ext.B5 chitty agreement (surety bond) executed by the complainant and his brother to the opposite parties it is agreed by the complainant that, “H¶mwt]cpImcsâ `mK¯p\n¶pw hogvNh¶m cmw I£nbmb Snbmsâ ktlmZcn {ioaXn. ]n. cm[maWnbpsS {io\mcmbW t{StUgvkv ss^\m³kntbgvkv F¶ ]\¯nepÅ cw \nt£]amb D No.170/3 {]ImcapÅ 30,000/cq]bpw D No.172/3 {]ImcapÅ 15,000/cq]bpw Iq«n tN#175;pÅ 45,000/cq]bn \n¶v Nn«n Xebm#161;v CuSm¡p¶Xn\pÅ A[nImcw Dmbncn¡p¶XmsW¶v Cut¶ Znhkw FgpXn H¸n«v X¶ Cu Nn«n DS¼Sn {]Imcw R§k½Xn¨ncn¡p¶p”. This shows that the complainant is agreed to take over the FD amount to the chitty account of the complainant’s brother in the event of default. The complainant’s brother was a defaulter of prized chitty No.28/05 subscribed by him from the opposite parties. The opposite parties have the right to recover the defaulted instalment amount and interest from the FD amount of the complainant as per Ext.B5 chitty agreement. The signature of the complainant in Ext.B5 was challenged by the complainant. But she did not take any steps to prove that the signature put in Ext.B5 is not of her and it is a forged document and manipulated for the sake of this complaint. The burden of proof lies with the complainant to prove the genuiness of the signature. The complainant failed to prove it. In the circumstances, we could not see any deficiency in service from the opposite parties in adjusting the FD amount of the complainant in the A/c. No.170/3 to the defaulted prized chitty of the complainant’s brother. Hence the complainant is not entitled to get the FD amount with interest from the opposite parties as per Ext.A1 receipt. Therefore, the complaint is liable to be dismissed. 11. In the result, the complaint is dismissed. No cost. Declared in the Open Forum on this the 23rd day of September, 2010. (Sd/-) C. Lathika Bhai, (Member) Sri. Jacob Stephen (President) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : Radhamani Amma. Exhibits marked on the side of the complainant: A1 : Fixed deposit receipt dated 24.4.2003 for ` 30,000 Witness examined on the side of the opposite parties: DW1 : M.K. Varadarajan Exhibits marked on the side of the opposite parties: B1 : Photocopy of Chitty Talavariola dated 28.11.2005. B2 : Photocopy of voucher dated 29.06.2006 of Essen Bankers & Chitty Fund, Pathanamthitta. B3 : Photocopy of voucher dated 05.06.2006 of Sree Narayana Traders & Financiers, Pathanamthitta. B4 : Photocopy of voucher dated 05.06.2006 of Sree Narayana Traders & Financiers Pathanamthitta. B5 : Photocopy of chitty agreement dated 29.06.2006. (By Order) Senior Superintendent Copy to:- (1) Radhamaniamma. P., Kollethu Veedu, Attachackal, Konni Thazham.P.O., Pathanamthitta. (2) Managing Director, Sreenarayana Traders & Financiers Ltd., Reg.No.09-05890/90, Pathanamthitta (M.K. Divakaran, Mini Sadanam, Kannankara, Pathanamthitta – 689 645. (3) M.K. Varadarajan, Manager, Sreenarayana Traders & Financiers Ltd., Pathanamthitta. (residing at: Manappallil, Pramadom, Mallassery, Pathanamthitta). (4) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
