IN THE CONSUMER DISPUTES REDRESSAL  FORUM, KOLLAM

Dated this the  26 ^th   Day of  June   2019

  Present: -  Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

                   Smt.S.Sandhya Rani, BSc,LL.B, Member

                                                            CC No.180/18

G.S.Nadhan                                                         :         Complainant

S.P.A Hospital

Kulathoor House

Thenmala P.O

Kollam-691308.

V/s

1. M/s.Kaniyamparambil Financiers     :         Opposite parties

        Vayanasala Junction

      Thadicadu P.O,Anchal-691306.

      Represented by its Manager K.K.Sasidharan.

2. K.K.Sasidharan

       Kaniyamparambil, Thevarthottam

       Thadicadu P.O

      Anchal-691306.

       [By Adv.S.Gopalakrishna Pillai]

FAIR  ORDER

Smt.S.Sandhya Rani, BSc,LL.B, Member

This is a petition filed by the complainant under Section 12 of the Consumer Protection Act 1986. 

The averments in the complaint in short are as follows:-

          The complainant is a medical practitioner, runs a hospital at Thenmala, at Kollam District under the  name and style S.P.A Hospital.  The complainant has made a fixed deposit of a sum of Rs.1,50,000/- as fixed deposit for a period of six months with the interest at the rate of 18% per annum on 19.08.16 at 1^st opposite party M/s Kaniyamparambil Financiers engaged in the business of financial transactions such as deposits and loans with the repeated request of 2^nd opposite party,K.K.Sasidharan,Manager of 1^st opposite party Kaniyamparambil

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Financiers.  The   complainant   had   acquaintance  with 2^nd opposite party, K.K.Sasidharan for more than 20 years since he had worked as Secretary of the Urukunnu Service Co-operative Bank.  While requesting for deposit, the 2^nd opposite party has assured the complainant that he had obtained all necessary requirements from the competent authorities to conduct such  financial firm.  When the fixed     deposit    was    matured    on   19.02.2017   the    complainant  approached 2^nd opposite party to get back the fixed deposit amount Rs.1,50,000/- with 18% interest per annum, then 2^nd opposite party requested the complainant to come after a week by stating that the amount will be repaid on that day.  Thereafter whenever the complainant approached the 2^nd opposite party he had been postponing the    payment    by  saying   one  or   the other reasons.  Finally  by finding  no other way he send an Advocate’s notice on 30.04.2018, but the opposite parties have not responded till date.  Hence the complaint.

          Here the complainant is a senior citizen having 68 years old and his four fingers were amputated due to severe diabetes more over now a days he is  facing problems due to malfunctioning of  Renal system also.

          The  failure on the part of the opposite parties to disburse the maturity proceeds with interest is nothing but deficiency in service and unfair trade practice on the part of  the opposite parties and they are liable to pay maturity proceeds as agreed to by opposite parties and also liable to pay compensation for financial loss, mental agony and  hardships the complainant suffered.  Hence prays to direct the opposite parties:-

1. To pay the sum of Rs.1,50,000/- deposited on 19.08.2016.
2. To pay interest at the rate of 18% per annum from the date of deposit till the date of payment.
3. To pay compensation  Rs.10,000/- for mental agony and deficiency in service.
3.  
4. To pay Rs.5000/- towards cost.

Though notice from this forum has been served on opposite parties  1&2, they remained exparte.

The complainant filed proof affidavit and got marked Ext.A1, A2 series and Ext.A3 series.

     Heard the complainants counsel.

The unchallenged averments in the proof affidavit coupled with Ext.A1 fixed deposit receipt No.39/16 dated 19.08.2016 would evidenced that the complainant has deposited Rs.1,50,000/- with 1^st opposite party M/s. Kaniyamparambil Financiers as fixed deposit with interest at the rate of 18% per annum   for    a    period    of  6 months on 19.08.2016 and the sum would be matured    on 19.02.2017     when    the    fixed    deposit   became  matured  the complainant  approached 2^nd  opposite party  manager  of 1^st opposite party M/s.Kaniyamparambil Financiers inorder to get the assured sum ie, Rs.1,96,750/- ie, the deposit amount   Rs.1,50,000/- along with 18% interest per annum for a period of  6 months from 19.08.2016 to 19.02.2017, then the 2^nd opposite  party   requested to come back after one week.  Thereafter the complainant has approached 2^nd opposite party  several times to recover the assured sum the opposite party 2 returned him by saying one or the other reasons and at last he send lawyers notice on 30.04.2018 to opposite parties 1&2 which are marked as Ext.A2 series and Ext.A3 series respectively, they have neither responded  nor   paid the amount.  Hence there is deficiency in service and unfair trade practice  on the part of opposite party 1&2.  The materials available on record would indicate that the malfunctioning of Renal system coupled with severe diabetes the 68 year old complainant  is in need of urgent medical treatment.  Due to the non receipt of deposit amount in time, he has suffered mental agony apart from  financial loss.  In the circumstances the complainant is entitled to get the relief sought for in the complaint.

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In the result complaint stands allowed, directing the opposite parties 1&2,

1. To pay the sum of Rs.1,50,000/- deposited on 19.08.16 to the complainant along with 18% interest per annum from the date of deposit ie, 19.08.16 till the date of payment.
2. Opposite party No.1&2 are also directed to pay Rs.10,000/- as compensation to the complainant for mental agony, humiliation, financial hardship and deficiency in service.
3. They are also directed to pay Rs.5000/- as cost of the proceedings to the complainant.
4. If the opposite parties failed to comply with the above direction within 30 days from the date of receipt of this order the complainant is at liberty to recover Rs.1,96,750/-+10,000/- with interest @ 18% per annum from the date of complaint till realisation along with cost Rs.5,000/- from opposite parties 1&2 jointly and severally and from their assets.

Dictated to the  Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the  26^th    day of    June 2019.         

E.M.Muhammed Ibrahim:Sd/-

          S.Sandhya Rani:Sd/-

           Forwarded/by Order

           Senior Superintendent

INDEX

Documents marked for the  complainant

Ext.A1                 :   Fixed Deposit Account No.39/16 dated 19.08.16

Ext.A2 Series       :   Legal Notice with postal receipt and acknowledgement

Ext.A3  Series      :   Legal Notice with postal receipt and acknowledgement

E.M.Muhammed Ibrahim:Sd/-

                                                                                   S.Sandhya Rani:Sd/-

                                                                                  Forwarded/by Order

                                                                                  Senior Superintendent