IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of July, 2009
Filed on 04.03.09
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.119/09
between
Complainant:- Opposite Parties:-
Smt.Girija Nair, 1. Nedumudi Village Service Co-operative Society
W/o Gopinathan Nair, Ltd.No.2331, Champakulam, Nedumudy,
Lekshmi Nivas, Alappuzha, Rep by its Secretary.
Chempumpuram,
Alappuzha. 2. The President, Nedumudi Village
(By Adv.P.Krishna Kumar) Service Co-operative Society Ltd.No.2331,
Champakulam, Nedumudy, Alappuzha.
3. The Secretary, Nedumudi Village
Service Co-operative Society Ltd.No.2331,
Champakulam, Nedumudy, Alappuzha.
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Smt.Girija Nair has filed this complaint before the Forum on 04.03.2009 alleging deficiency in service on the side of the opposite parties. The brief facts of the allegations of the complaint are as follows:- On the basis of the specific assurance of the opposite parties regarding the rate of interest, she had deposited in her name and in the name of her husband a sum of Rs.50,000/- (Rupees fifty thousand only) on 30.03.2002, and further deposited an amount of Rs.40,000/- (Rupees forty thousand only) in her name on 14.05.2002 and deposited Rs. 50,000/- (Rupees fifty thousand only) in her name on 18.06.2002. The interest of 18% per annum given by the opposite parties was withdrawn by her. At the time of deposit, the opposite parties agreed that she could withdraw the amount at any moment.
1. Subsequently she has received the interest every month for the said deposit at the rate of 18% per annum. The opposite parties issued the Fixed Deposit Receipts to her stating the details of the transactions. The opposite parties paid interest at a lesser rate to her during the last months. The opposite parties had paid interest till 05.10.2006, and thereafter failed to pay the interest for the deposited amount. Since the opposite parties failed to pay the interest, she demanded to return the deposited amounts. At present, Rs.58,800/- (Rupees fifty eight thousand and eight hundred only) is due with regards to agreed interest itself.
2. At the time of filing this complaint the balance amount of Rs.1,98,800/- (Rupees one lac ninety eight thousand and eight hundred only) was due from the opposite parties with interest. Since there was no positive steps to repay the amount, she has filed the complaint before this Forum seeking relief.
3. Notices were issued to the opposite parties from this Forum. Eventhough they have accepted the notices of this Forum, they have not appeared before the Forum for stating the reasons for delay of releasing the amount to the complainant. Considering their absence, this Forum declare the opposite parties as exparte on 15.06.2009.
4. Considering the allegations of the complainant this Forum has raised the following issues for consideration are:-
a) Whether there is any deficiency in service on the part of the opposite parties?
b) Whether the complainant is entitled to get back the deposited amount with the agreed rate of interest?
c) Whether the complainant is entitled to get the compensation including punitive cost from the opposite parties?
d) Other reliefs?
Issue 1 to 4
5. The complainant has filed proof affidavit in support of her case and produced documents in evidence. Ext.A1 to A3 marked. Ext.A1 is the original Fixed Deposit D Receipt No.176/2001-2002 dated, 30.03.2002 for an amount of Rs.50,000/- (Rupees fifty thousand only) issued by the opposite parties in favour of the complainant and her husband. The receipt was signed by the Secretary of the 1st opposite party. The Fixed Deposit Receipt shows that the deposit was for multipurpose. Ext A2 is the Original Fixed Deposit D Receipt No.017/2002 dated, 14.05.2002 issued by the opposite parties in favour of the complainant regarding the Fixed Deposit of Rs.40,000/- (Rupees forty thousand only).The Receipt was signed by the Secretary of the said Society. The amount on the said FD Receipt shows that multipurpose and it was sealed. Ext A3 is the Original Fixed Deposit D Receipt No.036/2002 dated, 18.06.2002 issued by the opposite parties in favour of the complainant in connection with the deposit of Rs.50,000/- (Rupees fifty thousand only) and it was also multipurpose FD. The receipt was signed by the Secretary and it was sealed.
6. We have carefully examined the entire facts of this case and verified the documents produced by the complainant in evidence. At the time of deposit of the said amounts with the opposite parties, they have issued the Fixed Deposit Receipts for the said amount to the complainant after signed and sealed by the opposite parties in the said Fixed Deposit Receipts. It is alleged that at the time of deposit of the amounts, the opposite parties are agreed that the said deposited amount will be released by the request of the complainant and also agreed that they will give interest at the rate of 18% per annum. The opposite parties had paid the interest to the complainant till 05.10.2006 only and thereafter they failed to pay the interest for the said deposits and refused to give the amounts to the complainant. Considering the facts and circumstances of this matter, it can be seen that the complainant has deposited the said amounts with the opposite parties on the basis of their assurance of regarding payment of interest in time and release of deposited amount as demanded by the complainant.
7. The opposite parties denied the payment of amounts and its interest purposefully and evaded from the assurance regarding the return of the amount with the interest in time. The opposite parties are not entitled to retain the amount with them which is payable to the complainant, without any reason. Since the opposite parties had not repaid the amount together with interest in time, to the complainant, the whole matter will come under the perview of the deficiency in service, negligence and latches on the part of the opposite parties. The complainant is fully entitled to get back the deposited amounts with interest from the opposite parties. The entire facts of this case clearly shows that the opposite parties have denied the amounts willfully and their action is wholly illegal and arbitrary. Since the opposite parties have delayed the payment purposefully, and harassed the complainant, he is fully entitled to get compensation and costs. By way of refusal to repay the fixed deposit amounts with interest in time, the opposite parties have committed cheating and their actions are without any bonafides. The opposite parties are jointly and severally liable to pay the amounts to the complainant.
8. In this respect it is to be noted that even though the notice of this Forum has accepted by the opposite parties, they have not cared to appear before the Forum for stating the reasons for denial of repayment to the complainant. It shows their irresponsible attitude towards the issue of this financial dealings. After considering the entire facts on this case, we have fully convinced that the allegations raised by the complainant are to be treated as genuine. So the complaint is to be allowed as pray for. All the issues are found in favour of the complainant.
9. In the result, we hereby direct the opposite parties to return the amount of Rs.1,98,800/- (Rupees one lac ninety eight thousand and eight hundred only) with interest at the rate of 18% per annum from the date of filing of this complaint before the Forum till the date of realization, and further pay Rs.25,000/- (Rupees twenty five thousand only) to the complainant as compensation for her mental agony, pain sufferings, harassment, physical strain and loss due to the grossest deficiency in service, culpable negligence and cheating on the part of the opposite parties, by way of purposeful denial of returning the Fixed Deposit amounts with interest to the complainant in time. Considering all the facts and circumstances of this case, we are of the further view that the opposite parties are liable to pay the punitive cost to the complainant. So we direct the opposite parties to pay an amount of Rs.2,000/- (Rupees two thousand only) as punitive cost to the complainant.
We direct the opposite parties to pay a sum of Rs.2,000/- (Rupees two thousand only) also as cost of this proceedings. We further direct the opposite parties to pay the above said amounts with in 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 30th day of July, 2009.
Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - The original Fixed Deposit Receipt No.176/2001-2002 dated, 30.03.2002 for
an amount of Rs.50,000/-
Ext. A2 - The original Fixed Deposit Receipt No.017/2002 dated, 14.05.2002 for
an amount of Rs.40,000/-
Ext.A3 - The original Fixed Deposit Receipt No.036/2002 dated, 18.06.2002 for
an amount of Rs.50,000/-
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
