By Sri. MOHANDASAN.K, PRESIDENT
1.The complaint in short is as follows:-
The complainant deposited an amount of Rs.1,50,000/- with interest at the rateof 8.5% as FD. The FD number was 1/619 dated 05/02/2018. The complainant approached the opposite party for release of the FD amount on attaining maturity. But the opposite party informed the complainant that they are not able to refund the deposited amount since there is no enough amount in the bank account to own the claim of the complainant and sought further time to refund the deposited amount. The complainant again approached the opposite party after one month and at that time also the opposite party repeated the same version.
2. Thereafter on 24/09/2019, the complainant approached the opposite party with the FD receipt, but the opposite party failed to refund the deposited amount. It was told that they are not able to give back the deposited amount and informed that the complainant will be called when the opposite party receives enough amount in the account of the society. But thereafter even elapse of months no calls received from the opposite party and no information was received. Due to the act of the opposite party, the complainant was in trouble and so approached various directors of the opposite party and then came to know that the deposited amount has been withdrawn from the opposite party and as per the statement of the opposite party, there is nothing is pending in the account of the complainant. Hence the complainant alleges deficiency in service and unfair trade practice on the part of the opposite party. The prayer of the complainant is to refund Rs. 1,50,000/- along with interest. The complainant pray for compensation of Rs. 75,000/- along with cost of Rs. 20,000/-.
3. On admission of the complainant notice was issued to the opposite party and the opposite party entered appearances and filed version denying the entire averments and allegations in the complaint.
4. The opposite party admitted that the complainant deposited an amount of Rs. 1,50,000/- on 05/02/2018 as FD 1/629 with interest at the rate of 8.5% per annum. The maturity date of the FD was on 05/02/2019. The opposite party submitted that as per records the FD amount of Rs. 1,50,000/- along with interest of Rs. 3,752/- has been transferred to the SB account No.0902012022000 maintained in MDC Bank, on 21/07/2018. So, there is no deposit with the opposite party in the name of complainant. But it has been noticed that the employee of the opposite party Mr. Abdul Jabbar did some malpractice in the computer software and the deposit of the complainant is also mentioned in the 65-enquiry report in respect of the issue. The opposite party had informed the complainant that in case the enquiry reveals that the complainant is entitled the amount, it will be given back. The opposite party further submitted that, they are ready and willing to give back the deposited amount of the complainant on the basis of availability of the fund and establishing that the complainant is entitled the amount.
5. The opposite party submitted that the attender of the opposite party Mr. Abdul Jabbar manipulated the records and misappropriated the amount from the society for which a complaint is pending before the Court. The said Abdul Jabbar has even misappropriated indemnity bond from the bank which is already seized from the residence of Mr. Abdul Jabbar. Due to the issues the society is in crisis and there is no any sort of deposits in the bank. The issue whether, the complaint is entitled the amount or not is only can be realised after completion of enquiry. The opposite party is only able to endorse the liability based on enquiry report and so the complaint is
liable to be dismissed for the time being.
6. The complainant and opposite parties filed affidavits and documents. The documents on the side of complainant marked as Ext. A1 and A2. Ext. A1 is copy of fixed deposit receipt for Rs. 1,50,000/- dated 05/02/2018. Ext. A2 is copy of Seizure Mahazar. Opposite party produced documents and marked as Ext. B1 to B4. Ext. B1 is copy of Ledger/Deposit/Fixed deposit for the period of 05/02/2018 to 23/10/2020, Ext. B2 is transfer slip dated 31/03/2018 TR1/37275/2017-2018 Dr,Cr. Ext. B3 is page No. 1 &16 of 65 enquiry report. Ext. B4 is page No.1 &16 of 65 enquiry report and list of closed FD deposits without bond.
7. The case of the complaint is that she deposited an amount of Rs. 1,50,000/-before the opposite party and the opposite party did not release the amount to her when she demanded the same. On the other hand, the opposite party admitted that the complainant deposited Rs. 1,50,000/- on 05/02/2018 as FD No.1/619 with the interest rate 8.5% per annum. The maturity date of the FD was 05/02/2019, but the opposite party submitted that the said amount of Rs. 1,50,000/- was transferred to MDC Bank account along with interest of Rs. 3752/- on 21/07/2018. The opposite party further submitted that there is no FD deposit in favour of the complainant at present. But at the same time the opposite party contented there was misappropriation and malpractice occurred in the bank and there was Section 65 enquiry under Co-operative Societies Act and therein the name of the complainant has been mentioned. The opposite party further submitted that a crime 48/2019 stands registered against one of the employees of the opposite party namely Abdul Jabbar who was the attender of the opposite party and on completion of the enquiry and investigations can be ascertained whether the averment of the complainant was right or wrong. The submission of opposite party is that till concluding the enquiry proceedings, the opposite party cannot undertake the liability and if it is found in favour of the complainant, the opposite party is ready to pay the amount.
8. It appears from the documents produced by the complainant and opposite party and also from the averments in the affidavits that the complainant deposited the amount of Rs. 1,50,000/- before the opposite party on 05/02/2018 with interest of 8.5% per annum. Ext. A1 substantiates the claim of the complainant. It is admitted fact that there was malpractice in the opposite party society during the relevant period. So the opposite party was not able to release the amount to the complainant. The contention of the opposite party is that they are prepared to pay the amount to the complainant on conclusion of the enquiry. The Commissions finds the contention of opposite party as a baseless and unsustainable contention. The opposite party is liable to refund the deposited amount of Rs. 1,50,000/- with interest at the rate of 8.5% per annum from the date of deposit to till date of this order. It appears that the opposite party failed to release the deposited amount on demand by the complainant. So we find that there is deficiency in service on the part of the opposite party. It is also right to endorse that due to deficiency in service on the part of the opposite party caused much inconvenience, hardship and also financial difficulties to the complainant. Hence the complainant is entitled a reasonable amount as compensation and we assess the same as Rs. 50,000/-. The complainant also entitled to the cost of Rs. 5000/-.
9. In the light of above facts and circumstances we allow this complaint as follows:-
- The opposite party is directed to refund Rs. 1,50,000/-(Rupees One lakh fifty thousand only) with interest at the rate of 8.5% per annum from 05/02/2018 to till date of this order.
- The opposite party is directed to pay Rs. 50,000/-(Rupees Fifty thousand only) as compensation on account of deficiency in service and thereby caused inconvenience and hardships and financial loss to the complainant.
- The opposite party is directed to pay Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
The opposite party shall comply this order within three months from the date of receipt of copy of this order, failing which the complainant is entitled interest at the rate of 12% per annum for the above said entire amount from the date of order to till date of payment.
Dated this 30thday of May, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1& A2
Ext.A1 :Copy of fixed deposit receipt for Rs. 1,50,000/- dated 05/02/2018.
Ext.A2 :Copy of Seizure Mahazar.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B4
Ext.B1 : Copy of Ledger/Deposit/Fixed deposit for the period of 05/02/2018 to
23/10/2020.
Ext.B2 :transfer slip dated 31/03/2018 TR1/37275/2017-2018 Dr.,Cr.
Ext.B3 :Page No. 1 & 16 of 65 enquiry report.
Ext.B4 :Page No. 1 & 16 of 65 enquiry report and list of closed FD deposits without
bond.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
