IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA, Dated this the 27th day of September, 2010. Present : Sri. Jacob Stephen (President). Smt. C. Lathika Bhai (Member) N. Premkumar (Member) C.C. No. 87/2009 (Filed on 26.06.2009)Between: P.P. Rameshkumar, Pezhumkattil Veedu, Thadiyoor P.O., Thelliyoor Village, Mallappally Taluk. (By Adv. Rajan Babu) .... Complainant. And: 1. Vadakkemuriyil Financiers & Chitty Fund, represented by its Manager, Vadakkemuriyil Financiers & Chitty Fund, Kolabhagom P.O., Thadiyoor. 2. Manager, Vadakkemuriyil Financiers & Chitty Fund, Kolabhagom P.O., Thadiyoor. (By Adv. Lalu John) .... Opposite parties. ORDER Sri. Jacob Stephen (President): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that he had deposited ` 2,00,000 with the first opposite party as fixed deposit vide FDX 2066 during August, 2005 till 19.08.2008. The opposite parties offered ` 2,000 as monthly interest at the rate of 12% interest for the fixed deposit amount and the second opposite party issued a fixed deposit certificate also for the said deposit. Thereafter on 02.09.2005 the complainant borrowed 25,000 vide FDL 61/05-06 from the first opposite party by pledging the above said fixed deposit certificate. At the time of pledging the fixed deposit certificate, the second opposite party had issued a receipt/acknowledgment for the same. The interest for one month for the fixed deposit amount as offered by the opposite parties is also received by the complainant. Thereafter, the interest of the fixed deposit amount is transferred and adjusted in the loan account. On maturity of the fixed deposit, the complainant approached opposite parties for the release of the balance fixed deposit amount after settling the loan account. But the opposite parties evaded the payment by saying one or other reasons. So the complainant issued a legal notice on 08.06.2009 demanding the payment, which was accepted by the opposite parties. But the opposite parties have not settled the transaction so far. Due to the above said act of the opposite parties, the complainant had sustained financial loss and mental agony, which is a clear deficiency in service and the opposite parties, are liable to the complainant. Hence, this complaint for the realisation of the fixed deposit amount of ` 2,00,000 and ` 70,092 as per the statement submitted by the complainant along with 12% interest for the fixed deposit amount from 19.06.2009 and compensation of ` 25,000 and cost of ` 2,500. 3. Opposite parties entered appearance and filed a version with the following contentions: The complainant is not a consumer, as he had not deposited any amount with the opposite parties. The fixed deposit amount vide FDX 2066 of ` 2,00,000 is deposited by the complainant’s wife Raji and she had borrowed ` 25,000 on 02.09.2005 by pledging the above said fixed deposit certificate and the borrowed amount was returned by said Raji on 01.10.2005 by closing the fixed deposit account and adjusting the loan account. Thereafter, an amount of ` 1,75,000, the balance amount in the fixed deposit account was again deposited by the said Raji Ramesh in the name of herself and Sooraj Kumar and for the said fixed deposit, a fixed deposit receipt No.3458 was also given to the said Raji Ramesh. An amount of ` 1,750 was transferred to the account of the mother of the said Raji Ramesh with State Bank of Travancore, Thrikkodithanam Branch on 01.11.2005 as per the instruction of the said Raji Ramesh. On 02.12.2005 also an amount of ` 1,750 was transferred to the above said account. Thereafter on 02.01.2006, the said fixed deposit account for ` 1,75,000 was closed as per the request of the said Raji and the said amount was given vide cheque No.187673 of account No.4 of South Indian Bank, Thadiyoor Branch and the said cheque was encahsed on 06.01.2006. The complainant is not entitled to demand the fixed deposit amount deposited by his wife. The complainant had no transaction with the opposite parties. The marital relationship between the complainant and his wife was collapsed and by suppressing the said facts, the complainant had filed this complaint and this complaint is a false complaint. Opposite parties have not committed any deficiency in service. With the above contentions, opposite parties pray for the dismissal of the complaint. 4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not? 5. The evidence of this complaint consists of the proof affidavit of the complainant, oral testimony of DW1 and Exts.A1 to A5 and B1 to B7. After closure of evidence, both sides were heard. 6. The Point: In order to prove the complainant’s case, the complainant had filed a proof affidavit narrating his case in lieu of chief examination along with 5 documents and the documents produced were marked as Exts.A1 to A5. Ext.A1 is the extract of the complainant’s statement of account with State Bank of Travancore, Thadiyoor Branch from 19.08.05 to 30.06.2008. Ext. A2 is the acknowledgment-dated 02.09.2005 issued by the opposite parties showing that the fixed deposit receipt in question is with the opposite parties. Ext.A3 is the copy of the legal notice dated 08.06.2009 issued by the complainant to the opposite parties demanding the release of the fixed deposit amount. Ext.A4 is the postal receipt of Ext.A3 and Ext.A5 is the postal acknowledgment card of Ext.A3. 7. In order to prove the contentions of the opposite parties, the second opposite party filed a proof affidavit narrating their case along with 6 documents. On the basis of the proof affidavit, the second opposite party was examined as DW1 and the documents produced were marked as Exts.B1 to B6. Ext.B1 is the page No.156 of the ledger of the opposite parties showing the details of the fixed deposit in question in the name of Raji Ramesh and Sooraj Kumar. Ext.B2 is the photocopy of page No.359 of the ledger in respect of a loan account of ` 25,000 in the name of Raji Ramesh. Ext.B3 is the photocopy of page No.186 of the ledger of the opposite parties in respect of fixed deposit of ` 1,75,000 in the name of Raji Ramesh and Sooraj Kumar. Ext.B4 is the photocopy of the transaction details dated 02.01.2006 of the opposite parties. Ext.B5 is another transaction details dated 02.01.2006 of the opposite parties. Ext.B6 is the photocopy of the passbook of account No.4 of South Indian Bank Ltd., Thadiyoor Branch in the name of the opposite parties. Thereafter, the opposite parties filed a certified copy of a petition (OP No.110/06) for Restitution of Conjugal Right filed by the complainant against his wife R. Raji before the Family Court, Thiruvalla which is marked as Ext.B7. 8. The complainant’s case is that his fixed deposit with the opposite parties is not returned on its maturity. Opposite parties’ contention is that the complainant had not deposited any amount with them as fixed deposit or otherwise. At the same time, the complainant’s wife had deposited an amount as fixed deposit with the opposite parties and later the said fixed deposit was released to the fixed deposit holder and this complaint is filed without any basis. According to the opposite parties, the complainant and his wife were separated from their marital relationship. The amount deposited by his wife prior to the separation was taken by his wife and the complainant is trying to realise that money by filing this false complaint for compelling the opposite parties for achieving the complainant’s intention of realising the money from his wife. 9. On the basis of the contentions and arguments of the parties, we have gone through the entire materials on record. None of the materials on record shows any evidence in favour of the complainant showing that he had deposited any amount as fixed deposit with the opposite parties. On a perusal of Ext.A2 acknowledgment, the said acknowledgment was issued in the name of Mrs. Raji Ramesh (riverse side of Ext.A2). Exts.B1 to B6 show that all the transactions are in the name of the wife of the complainant Raji Ramesh. On a perusal of the third paragraph of Ext.B7 complaint, it is clearly stated by the complainant that an amount of ` 2,00,000 was deposited with the opposite parties in the name of his wife and she had withdrawn that amount. His allegation in Ext.B7 is that though the amount was deposited in the name of his wife, the said amount is received by selling the properties of the complainant. If that be so, the complainant can approach proper Forum for the realisation of the said amount from his wife. 10. However, from the available evidence it is seen that the complainant had not deposited any amount with the opposite parties and hence we find no deficiency in service against the opposite parties. Therefore, this complaint is not allowable and is liable to be dismissed. 11. In the result, this complaint is dismissed. No cost. Pronounced in the Open Forum on this the 27th 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 complainant : Nil. Exhibits marked on the side of the complainant: A1 : Extract of the complainant’s statement of account with State Bank of Travancore, Thadiyoor Branch from 19.08.05 to 30.06.2008. A2 : Acknowledgment-dated 02.09.2005 issued by the opposite parties. A3 : Copy of the legal notice dated 08.06.2009 issued by the complainant to the opposite parties. A4 : Postal receipt of Ext.A3 and Ext.A5 is the postal acknowledgment card of Ext.A3. Witness examined on the side of the opposite parties: DW1 : Ance. T. Geroge. Exhibits marked on the side of the opposite parties: B1 : Page No.156 of the ledger of the opposite parties showing the details of the fixed deposit in question. B2 : Photocopy of page No.359 of the ledger in respect of a loan account of ` 25,000 in the name of Raji Ramesh. B3 : Photocopy of page No.186 of the ledger of the opposite parties in respect of fixed deposit of ` 1,75,000 in the name of Raji Ramesh and Sooraj Kumar. B4 : Photocopy of the transaction details dated 02.01.2006 of the opposite parties. B5 : Transaction details dated 02.01.2006 of the opposite parties. B6 : Photocopy of the pass book of account No.4 of South Indian Bank Ltd., Thadiyoor Branch in the name of the opposite parties. B7 : Certified copy of a petition (OP No.110/06) for Restitution of Conjugal Rights filed by the complainant against his wife R. `Raji before the Family Court, Thiruvalla. (By Order) Senior Superintendent. Copy to:- (1) P.P. Rameshkumar, Pezhumkattil Veedu, Thadiyoor P.O., Thelliyoor Village, Mallappally Taluk. (2) Manager, Vadakkemuriyil Financiers & Chitty Fund, Kolabhagom P.O., Thadiyoor. (3) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
