COMPLAINT FILED: 28.07.2009 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 03rd OCTOBER 2009 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO.1779/2009 COMPLAINANT R.S. Peter, 2461, (Old) 3rd Main Road, (New) 11th Cross, 13th Main Road, E Block, Sahakarnagar, Bangalore 560 092. V/s. OPPOSITE PARTY The President, Bangalore Telegraph Engineering Employees Co-operative Society Ltd., No.14, Link Road, Sheshadripuram, Bangalore 560 020. O R D E R The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Party (herein after called as O.P) to pay FD matured amount of Rs.31,000/- with interest amount of Rs.41,540/- and for compensation for the inordinate delay on the allegations for deficiency in service. 2. The case of the complainant to be stated in brief: Is that he is a retired Central Government Employee, soon after his retirement in December 1994 he deposited sum of Rs.31,000/- in the OP society for one year and subsequently extended the term and he was receiving interest on the deposit till 15.04.2002, the sum of Rs.310/- pm. From 01.05.2002 till date no payment has been made. Inspite of several visits and reminders OP has not returned the capital amount and also the interest. The interest due from 01.05.2002 till June 09 at the rate of 310/- pm amounts to Rs.41,540/-. Hence the complainant approached this Forum seeking necessary reliefs to pay the amount due to him. 3. Inspite of service of notice, the OP failed to appear without any cause; as a result OP is placed ex-parte. 4. The complainant filed affidavit to substantiate the complaint allegations and the document copy of FD is produced. 5. After perusing the complaint allegations and the affidavit filed by the complainant along with the FDR receipt copy it becomes clear that the complainant has deposited sum of Rs.31,000/- on 20.06.1994 in the OP society. The terms of the FDR reveals that the deposit was received for a period of 18 months repayable with interest at 19% pa. The period of FD was from 20.06.1994 to 19.12.1995 monthly interest of Rs.310/- is received regularly upto 15.04.2002. From 01.05.2002 OP has not paid the interest. Thus the total interest from 01.05.2002 till June2009 at the rate of Rs.310/- per month works out at Rs.41,540/-. The complainant is entitled for the principle amount of Rs.31,000/- which he has invested in FD along with the accrued interest of Rs.41,540/-. The very fact of the OP having not appeared and contested the proceedings leads to draw an inference that OP is admitting the claim put forward by the complainant. OP was not justified in not refunding the amount of FD with accrued interest inspite of repeated requests and reminders of the complainant. Under these circumstances we are of the view that the complainant proved that there is deficiency of service on the part of the OP. The complainant is entitled for the relief for refund of the amount with interest he is not entitled for any compensation. Accordingly we proceed to pass the following: O R D E R The complaint filed by the complainant allowed in part. OP is directed to refund an amount of Rs.31,000/- fixed deposit amount with interest of Rs.41.540/- to the complainant within four weeks from the date of communication of this order. Failing which the complainant is entitled to claim interest at 12% pa on the entire amount from 01.07.2009 till the date of realization. Under the circumstances considering the nature of dispute no costs awarded. (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 3rd day of October 2009.) MEMBER MEMBER PRESIDENT Snm:
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