DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678 001, Kerala

Dated this the 30^th day of September, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC No.73/2009

V.A.Velu,

'Ushas',

Santhi Nagar,

Near Police Quarters,

Palakkad – 678009. - Complainant

(Party in person)

Vs

The Manager/Proprietrix,

'HOMFIT', V.C.M.Complex,

Olavakkode,

Palakkad – 678002. - Opposite party

(By Adv.P.R.Hariharan)

O R D E R

By Smt.Bhanumathi.A.K, Member

In short the complaint is as follows.

Opposite party is doing a financial business under the head SUPER SCHEME, on the terms and conditions that on payment of Rs.1,000/- per month for 12 months, the matured amount of Rs.13,500/- will be paid within a month of payment of last installment. The complainant joined the scheme under account No.0145 and paid the monthly installment of Rs.1,000/- without default for 12 months as stipulated. After one month of the last installment the complainant approached the opposite party for receiving the matured amount of Rs.13500/-. But the opposite party refused payment on some lame excuse. Inspite of umpteen requests and appeals, the opposite party did not care to honour the commitment of payment. The complainant sent a registered notice on 2/5/09 to the opposite party. As the postal acknowledgement of registered notice was not received, complainant made a complaint to the Postal department. On enquiry the Senior Superintendent of Post Office, Palakkad informed the complainant that the registered letter mentioned in the complaint was delivered to the addressee on 04/05/09. The acts of the opposite party amounts to deficiency of service on their part. So the complainant approached the forum seeking an order directing the opposite party to pay the matured

amount of the SUPER SCHEME and compensation along with cost.

2. Complaint was admitted. Opposite party notice served and entered appearance. Opposite party filed no version or affidavit.

3. Complainant filed affidavit and Exts.A1 to A4 are marked. Matter was heard.

4. The back leaf of the Ext.A1 document shows that on payment of Rs.1,000/- per month for 12 months Rs.13,500/- will be paid as matured amount. It is evident from Ext.A2 document that the complainant paid all the installments without any fail. Even though the complainant paid all the installments without default opposite party was not ready to pay the matured amount after the stipulated time. Complainant made many requests for payment, but the opposite party did not care to make the payment.

5. We are of the view that the acts of opposite party in not disbursing the matured amount amounts to clear deficiency in service on their part.

6. In the result complaint allowed. The opposite party directed to pay the matured amount of Rs.13,500/- (Rupees Thirteen Thousand and five hundred only) and interest @ 12% p.a for Rs.13,500/- for the period from 3/12/2007 to 30/11/2009 along with Rs.2,000/- (Rupees Two thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost of the proceedings. Order shall be complied within 30 days from the date of receipt of order failing which the whole amount shall carry interest @ 9% from the date of order till realisation.

7. Pronounced in the open court on this the 30^th day of September, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Exhibits marked on the side of the complainant

Ext.A1 – Pass book issued by opposite party

Ext.A2 – Details of amount deposited noted in the pass book issued by opposite party

Ext.A3 - Letter dtd.02/05/2009 sent by complainant to opposite party

Ext.A4 – Enquiry report dtd.20/05/09 sent by Postal department to complainant

Exhibits marked on the side of opposite party

Nil

Costs (Allowed)

Rs.500/- (Rupees Five hundred only) as cost of the proceedings