IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA

Dated this the11^th day of March, 2014

Present:-  Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member)

C.C.No.132/2013 (Filed on 29.10.2013)

Between:

Mariamma David,

Kandisseril Melethil,

Kaipattoor.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).

1. Manager,

National Bankers,

Konni, Pathanamthitta.                                     ….. Opposite parties.

O R D E R

Sri. Jacob Stephen (President):

                   Complainant approached this Forum for getting a relief against the opposite parties.

                   2.  Brief facts of this complaint is as follows:  Complainant is the wife of late Pathrose David who died on 15.11.2007.  1^st opposite party is the Managing Director and 2^nd opposite party is the Manager of National Bankers dealing in Banking Business.  As such complainant deposited an amount of Rs.30,000/- on 02.12.2005 at the rate of 8% interest and Rs.20,000/- on 10.03.2007 at the rate of 7.5% interest for one year as fixed deposit with the opposite party vide fixed deposit receipt No.544 and fixed deposit receipt No.563 respectively.  Maturity amount as per fixed receipt No.544 is payable to her daughter Susan Jose and the maturity amount as per fixed deposit receipt No.563 is payable to her daughter Mariamma David on maturity.  Apart from the above deposits, complainant’s husband also deposited Rs.25,000/- for one year on 01.03.2006 at the rate of 7.5% vide FD receipt No.564 and Rs.28,000/- for one year on 01.03.2006 at the rate of 7.5% interest which are payable to his wife Mariamma David on maturity.  Opposite parties paid interest upto August 2006 promptly and the said interest was collected by the complainant and her husband.  Thereafter opposite parties did not paid the interest.  While so on 15.11.2007 complainant’s husband died and therefore there was nobody to collect the interest regularly.  Thereafter complainant and her children frequently demanded the interest and at last the opposite party paid Rs.5,000/- as interest on 10.12.2012 and promised to return the entire balance amount within 6  to 8 months.  But he had not complied his promise by saying lame excuses.  Thus the complainant had lost her balance money.  The non-payment of the balance money by the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant and opposite parties are liable to the complainant for the same.  Hence this complaint for the realization of the balance money of Rs.1,52,075/- along with Rs.7,000/- as compensation and cost etc. from the opposite party.

                   3. In this case though opposite parties entered appearance, they have not filed version in spite of so many adjournments.  In the circumstances, opposite parties are declared as exaparte.

                   4. On the basis of the pleadings of the complainant, the only question 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 Exts.A1 to A5.  After closure of evidence, complainant was heard.

                   6. The Point:-  Complainant’s allegation is that a total amount of Rs.1,03,000/- deposited by the complainant and her husband as fixed deposit with the opposite party vide fixed deposit receipt No.544 dated 02.12.2005, FD Receipt No.563 dated 10.03.2006, FD Receipt No.564 dated 03.02.2006 and FD Receipt No.565 dated 01.03.2006 was not returned along with interest by the opposite party after its maturity.

                   7. In order to prove the case of the complainant, complainant had filed a proof affidavit in lieu of her chief examination along with 5 documents which are marked as Ext.A1 to A5 on the basis of the proof affidavit.  Ext.A1 is the fixed deposit receipt No.544 dated 02.12.2005 for Rs.30,000/- for one year at the rate of 8% interest issued by the opposite party in the name of the complainant.  Ext.A2 is the fixed deposit receipt No.563 dated 10.03.2006 for Rs.20,000/- at the rate of 7.5% interest issued by the opposite party in the name of the complainant.  Ext.A3 is the fixed deposit receipt No.564 dated 01.03.2006 for Rs.25,000/- for one year at the rate of 7.5% interest issued in the name of the complainant’s husband Pathrose David.  Ext.A4 is the fixed deposit receipt No.565 dated 01.03.2006 for Rs.28,000/- for one year at the rate of 7.5% interest issued by the opposite party in the name of the complainant’s husband.  Ext.A5 is the death certificate showing the death of the complainant’s husband on 15.11.2007 issued by Vallicode Grama Panchayat.

                   8. On a perusal of the available materials on record, it is seen that the complainant and her husband deposited a total amount of Rs.1,03,000/- with the opposite party vide Ext.A1 to A4 fixed deposit receipts and the complainant received interest upto August 2006 and thereafter she received an amount of Rs.5,000/- as interest on 10.12.2012 and the maturity amount of said fixed deposits and its subsequent interest is due from the opposite parties which is not paid by the opposite parties so far.  From the available evidence and since the opposite party is exparte we find no reason to disbelieve the allegations of the complainant.  Therefore, the complainant’s case stands proved as unchallenged.  The non-payment of the amount entitled to the complainant by the opposite parties is a clear deficiency in service and the opposite parties are liable to the complainant.  Therefore, this complaint is allowable.

                   9. However, as per Ext.A1, the maturity amount of Rs.30,000/- is payable to Smt. Susan Jose and as per Ext.A2, the maturity amount of Rs. 20,000 is payable to Annamma John.  So the amount due as per Exts.A1 and A2 are entitled to Susan Jose and Annamma John.  At the same time Ext.A3 and Ext.A4 the matured amount is entitled to the complainant.  Therefore, this complaint is allowed accordingly.

                   10. In the result, this complaint is allowed, thereby the opposite parties are directed to pay Rs.30,000/- (Rupees Thirty Thousand only) with 8% interest from 01.09.2006 to the complainant’s daughter Susan Jose as per Ext.A1 fixed deposit receipt and Rs.20,000/- (Rupees Twenty Thousand only) and its interest at the rate of 7.5% from 01.09.2006 onwards to the complainant’s daughter Annamma John as per Ext.A5 fixed deposit receipt and the remaining amount of Rs.53,000/- (Rupees Fifty Three Thousand only) and its interest at the rate of 7.5% from 01.09.2006 onwards to the complainant as per Exts.A3 and A4 along with cost of Rs.1,000/- (Rupees One Thousand only) to the complainant, failing which the complainant and her daughters are entitled to realize the respective amount ordered herein above with 9% interest from today onwards till the realization of the whole amount.  Since interest is allowed, no separate orders for compensation.

                   Declared in the Open Forum on this the 11^th day of March, 2014.

                                                                                                     (Sd/-)

                                                                                                Jacob Stephen,

                                                                                                   (President)

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.544 dated 02.12.2005 for Rs.30,000/- issued  

         by the opposite party in the name of the complainant. 

A2 :  Fixed deposit receipt No.563 dated 10.03.2006 for Rs.20,000/- issued  

         by the opposite party in the name of the  complainant. 

A3 :  Fixed deposit receipt No.564 dated 01.03.2006 for Rs.25,000/- issued  

         in the name of the complainant ‘s husband Pathrose David. 

A4 :  Fixed deposit receipt No.565 dated 01.03.2006 for Rs.28,000/- issued  

         by the opposite party in the name of the complainant’s husband. 

A5:  Death certificate of the complainant’s husband on 15.11.2007  

        issued by Vallicode Grama Panchayat.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.

                                                                                                 (By Order)

                                                                                                     (Sd/-)

                                                                                 Senior Superintendent.

Copy to:  (1)  Mariamma David, Kandisseril Melethil, Kaipattoor.P.O.,

                        Pathanamthitta.

            (2.   Mr. K.T. Baby, Managing Director, National Bankers,

              Main Road, Konni, Pathanamthitta. (Now Residing at:

              Indikkattil House, Vakayar P.O., Konni, Pathanamthitta).

1.    Manager, National Bankers, Konni, Pathanamthitta.
2.    Stock file.