By Sri.P.K,.Sasi, President
The case of the complainant is that he has joined in a 28th day quarterly kuri conducted by the opposite party The kuri terminated on 28/7/2017. Towards the kuri security 0n 15/9/2015 the complainant deposited Rs.90,000/- with the opposite party as Rs.86,400/- and another Rs.3,600/- vide receiptNos.582&583 respectively. The opposite party offered 12% interest for the security deposit. Whereas the opposite party defaulted to pay interest for the security deposit. They also refused to return the deposit amount of Rs.58,881/-. Hence a lawyer notice was issued on 12/12/18. But no relief received. The act of the opposite party keeping the deposit amount unauthorizedly without returning, amounts to deficiency in service as well as unfair trade practice on their part. Hence this complaint is filed.
2. On receiving complaint, notice was properly served to the opposite party. Whereas even after accepting the notice, the opposite party neither appeared before the Forum nor submitted any version. Hence the opposite party set exparte and posted for complainant’s evidence. From the side of complainant he has appeared before the Forum and submitted proof affidavit, in which he has affirmed and explained all the averments stated in the compliant in detail. He has also produced 4 documents, which are marked as Exts.P1 to P4. Ext.P1 series are duplicate deposit receipts (2 Nos.), Ext.P2 is calculation sheet, Ext.P3 is copy of lawyer notice and Ext.P4 is A/D card. Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version.
3. We heard the learned counsel for the complainant in detail and perused the contents of affidavit and documents produced. Ext.P1 series duplicate copies of deposit receipts would go to show that the complainant had deposited Rs.90,000/- in total with the opposite party at the rate of 12% interest. The complainant stated in the complaint that he has to get back Rs.58,881/- from the opposite party with interest. The denial of amount deposited by the complainant definitely amounts to deficiency in service as well as unfair trade practice on the part of opposite party company.
4. In the result, we allow this complaint and the opposite party company is directed to return Rs.58,881/- (Rupees Fifty eight thousand eight hundred and eighty one only) with 12% interest from the date of complaint to the complainant within one month from receiving copy of this order. There is no separate order regarding compensation and cost, since sufficient interest is allowed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of December 2019.
Sd/- Sd/-
Dr.K.Radhakrishnan Nair P.K.Sasi, Member President.
Appendix
Complainant’s Exhibits
Ext.P1 series Duplicate deposit receipts (2 Nos.),
Ext.P2 calculation sheet
Ext.P3 copy of lawyer notice
Ext.P4 A/D card
Id/-
President
