IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 29th day of November, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.145/2012 (Filed on 07.09.2012)
Between:
Suja Monson,
Padiyara Peedikayil,
V-Kottayam. P.O.,
Pathanamthitta.
(By Adv. Czijy Chacko) ….. Complainant
And:
1. Managing Director,
Mr. K.T. Baby,
National Bankers,
Main Road, Konni,
Pathanamthitta.
(Now residing at
Indikkattil House,
Vakayar.P.O., Konni,
Pathanamthitta).
2. Manager,
National Bankers, Main Road,
Konni, Pathanamthitta.
(By Adv. P.A. Haslah Mohammed) …. Opposite parties
O R D E R
Sri. Jacob Stephen (President):
Complainant has filed this complaint against the opposite parties for getting a relief from the Forum. The first opposite party is the Managing Director of National Bankers and second opposite party is its Manager.
2. Complainant’s case is that she had deposited an amount of ` 50,000 on 15.02.2003 as fixed deposit with the opposite parties for 1 year at the rate of 9% per annum vide fixed deposit receipt No.137. Thereafter on 26.06.2004 she had deposited another ` 10,000 as fixed deposit with the opposite parties in addition to the 1st deposit. Additional deposit of ` 10,000 made by the complainant is also entered in the original fixed deposit receipt No.137. She had been receiving interest for the said fixed deposits and the last such interest is received on 15.12.2010. The fixed deposits were automatically renewed on its maturity. After 15.12.2010, she demanded the return of the fixed deposit amount and its balance interest. But the opposite parties did not returned the amount so far in spite of the opposite parties assurance to pay the same. The non-payment of the fixed deposit amount and its balance interests caused financial loss and mental agony to the complainant and the opposite parties are liable to the complainant for the same. The above said act of the opposite parties is a clear deficiency in service. Hence this complaint for the realization of ` 99,600 as per the complainant’s statement of account along with ` 7,000 under various heads as cost, compensation etc.
3. In this case, though opposite parties entered appearance they have not filed their version in spite of the chances given by this Forum. Hence they were declared as exparte.
4. On the basis of the pleading of the complainant, 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 and Ext.A1. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s case is that the amount deposited by the complainant with the opposite parties as fixed deposit is not returned so far. But the opposite parties paid some amount as interest on some occasions and the last payment of interest was on 15.12.2010. Thereafter, the complainant demanded the fixed deposit amount and the balance interest due to her. But the opposite parties did not returned the same though they had given assurance for the repayment. So the complainant is entitled to get ` 99,600 from the opposite parties as the fixed deposit amount and the balance interest and the opposite parties are liable to pay the same.
7. In order to prove the case of the complainant, the complainant had filed a proof affidavit in lieu of her chief examination along with 1 document. On the basis of the proof affidavit the document produced is marked as Ext.A1. Ext.A1 is the fixed deposit receipt No.137 dated 15.02.2003 showing the remittance of ` 60,000 as fixed deposit and the payment of interest up to 15.12.2010.
8. On the basis of the evidence adduced by the complainant, it is seen that the complainant had deposited a total amount of ` 60,000 to the opposite party and it is evident from Ext.A1 fixed deposit receipt. The reverse side of Ext.A1 fixed deposit receipt shows that the complainant had been receiving interest up to 15.12.2010. Since the original of the fixed deposit receipt is in the possession of the complainant and in the absence of any evidence from the side of the opposite party showing that he had returned the fixed deposit amount and its interest to the complainant, it is clear that the complainant is entitled to get the fixed deposit amount and its balance interest. Therefore, we find that the opposite party is liable to the complainant in this transaction and the non-payment of the amounts due to the complainant by the opposite party is a clear deficiency in service. According to the complainant and as per the statement of account of the complainant she is entitled to get an amount of ` 99,600 from the complainant. But the complainant failed to adduce any cogent evidence supporting the statement of account. Moreover, as per the averments and the proof affidavit she had received interest up to 15.12.2010. In the light of the above averment and the absence of cogent evidence supporting the statement of account given by the complainant we are not inclined to accept the statement of account submitted by the complainant. However, from the over all facts and circumstances of this case, we find that the first opposite party is liable only for the fixed deposit amount and its interests from 15.12.2010. Therefore, this complaint can be allowed with modifications. Since the second opposite party is only an employee of first opposite party, he is not liable to the complainant.
9. In the result, this complaint is allowed with modifications, thereby the first opposite party is directed to return ` 60,000 (Rupees Sixty thousand only) along with 9% interest from 15.12.2010 to this day and cost of ` 500 (Rupees Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount along with 10% interest from today till the realization of the whole amount. Since interest is allowed, no orders for separate compensation.
Declared in the Open Forum on this the 29th day of November, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant:
A1 : Fixed Deposit Receipt No.137 dated 15.02.2003 for ` 50,000
and the payment of interest
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Suja Monson, Padiyara Peedikayil, V-Kottayam. P.O.,
Pathanamthitta.
(2) K.T. Baby, Indikkattil House, Vakayar.P.O., Konni,
Pathanamthitta.
(3) Manager, National Bankers, Main Road, Konni,
Pathanamthitta.
(4) The Stock File.
