KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

 APPEAL  NO.191/13

JUDGMENT DATED:30.11.2013

 (Against the order in CC.25/11 on the file of CDRF, Thiruvananthapuram, dtd: 31.07.2012)

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI. V.V JOSE                                                                   : MEMBER

Space Centre Employees-

Co-operative Society Ltd. No.T1388,

ISRO PO, Trivandrum-695022,                                                    : APPELLANT

R/by its Secretary.

(By Adv: Sri. P. Krishnankutty Nair)

            Vs.

1.    Mary Rosette,

D/o Antonitta Marshal,

Carmal Bhavan, Attinkuzhi,

Kazhakkoottam.P.O,

Trivandrum-695582.

                                                                                                : RESPONDENTS

2.    Mary Elan, S/o Mary rosette,

R/by her mother and Guardian

Mary rosette,

Carmal Bhavan, Attinkuzhi,

Kazhakkoottam.P.O,

Trivandrum-695582.

(By Adv: Sri.C.S.Rajmohan)

JUDGMENT

JUSTICE SHRI.P.Q. BARKATBH ALI: PRESIDENT

This is an appeal filed by the opposite party in CC.25/11 on the file of CDRF, Thiruvananthapuram under section 15 of the Consumer Protection Act challenging the order of the Forum dated, July 31, 2012 directing the appellant/opposite party to release the amount due under Ext.P1 and P2 fixed deposit receipts and to pay a compensation of Rs.10,000/- with interest.

2.      The case of the respondents/complainants as testified by the 1^st complainant as PW1 and as detailed in the complaint before the Forum in brief is this:-

The 2^nd complainant is the daughter of the first complainant.  The appellant/opposite party is M/s Space Centre Employees Co-operative Society Ltd, Thiruvananthapuram represented by its Secretary.  Complainants are not members of the opposite party society.  They were introduced to the society by one Helen Yesudas, former employee of the society.  The 1^st complainant deposited Rs.11000/- on 14.09.2006 and 2^nd complainant deposited Rs.20,000/- on 09.05.2003 as fixed deposit in the society.  Ext.P2 and P1 respectively are the copies of those deposit receipts.   The agreement was “complainants will get 9% interest on Ext.P2 deposit and 18% interest on Expt.P1 deposit” and those deposits will mature on September 14, 2009 and May 09, 2010 respectively.  On maturity opposite party has to pay Rs.13,970/-  to 1^st complainant under Ext.P2 deposit and Rs.40,000/- to the 1^st  complainant.  When the complainants approached the opposite party they submitted that the amount shall be disbursed on production of legal heirship certificate of Helen Yesudas who died subsequent to the acceptance of deposit by the opposite party.  The said Helen Yesudas had no right over the said deposit.  Action of the opposite party is clearly deficiency of service on their part.  Complainants claimed Rs.59,155/- being the amount due under the fixed deposit receipt with 18% interest per annum.  Rs.5000/- as compensation and Rs.3000/- as cost.

3.      The appellant/opposite party society represented by its Secretary filed version before the Forum raising the following contentions.  Actually the amount was deposited by deceased Helen Yesudas son of the said Helen Yesudas, Jaxon Tedy staked a claim for the amount.  The computation of interest by the complainant is very huge the amount under fixed deposit receipt does not earn interest after the date of maturity unless it is renewed.  Therefore the complaint has to be dismissed.

4.      First complainant was examined as PW1 and Exts.P1 to P4 were marked on the side of the complainants and DW1 was examined and Exts.D1 to D4 were marked on the side of the opposite party before the Forum.  On an appreciation of evidence the Forum directed the opposite party to release the amount due under Ext.P2 fixed deposit receipt with interest at 8% per annum from the date of maturity ie 14.09.2009 and also directed the opposite party to redeposit matured amount of Rs.40,000/- under fixed deposit receipt Ext.P1 with interest at 8% per annum from the date of maturity till the date of receipt of the order of the Forum in favour of the minor 2^nd complainant till she attains a majority.  Forum has also directed the opposite party to pay a compensation of Rs.10,000/-.  The opposite party has come up in appeal challenging the said order of the Forum.

5.      Heard both the counsels.

6.      The following points arise for consideration:-

1.   Whether there is any deficiency of service on the part of the appellant/opposite party?

2.   Whether the impugned order of the Forum can be sustained?

7.      The case of the complainants is that the 2^nd complainant is the daughter of the first complainant and she deposited Rs.20,000/- with the opposite party society on 9.5.2003 as per deposit receipt Ext.P1 which is repayable after 84 months ie on May 09, 2010 and that the maturity value is Rs.40,000/-.  Ext.P1 copy of the fixed deposit receipt proves the same.  Though the opposite party contended that it was deceased Helen Yesudas who deposited that amount it was not proved.  Similarly the 1^st complainant deposited Rs.11,000/- with the opposite party society by Ext.P2 copy of deposit receipt on 14.09.2006 and that the amount is repayable with 9% interest per annum after 36 months on 14.9.2009 which is also proved by Ext.P2 copy of deposit receipt.  In this respect also the contention of the opposite party that the deceased Helen Yesudas had deposited that amount is not proved.

8.      It was contended for the opposite party that the son of Helen Yesudas claimed the amount and produced Ext.D2 copy of letter from Jaxon Tedy.  But there is no evidence to show that the deceased Helen Yesudas had any right over the said amount.  Therefore the Forum is perfectly justified in rejecting the above contention of the opposite party.

9.      The amount due under fixed deposit receipt Ext.P1 and P2 had become matured and opposite party did not release that amount to the complainant which amounts to deficiency of service on the part of the opposite party.  That being so opposite party is bound to release the said amount to the complainants.  The finding of the Forum on this point is confirmed.

10.    The Forum has directed the opposite party to release the matured value under Ext.P2 fixed deposit receipt dated, 14.9.2006 with 8% interest per annum from the date of maturity till realization to the first complainant. As the 2^nd complainant is a minor the Forum directed to deposit matured value under Ext.P1 deposit receipt of Rs.40,000/- with interest at 8% per annum from the date of maturity till the date of receipt of copy of the order of the Forum in the name of 2^nd complainant in fixed deposit till 2^nd complainant attains majority.  It is also directed that opposite party shall release the amount when the second complainant attains maturity.  Forum has also directed the opposite party to pay Rs.10,000/- as compensation.  We find no reason to interfere with the said finding of the Forum.

In the result there is no merit in this appeal and the same is hereby dismissed with a cost of Rs.5000/-.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V JOSE  : MEMBER

VL.