BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 387/2013 Filed on 10/09/2013

ORDER DATED: 28/02/2023

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 12 of Consumer Protection Act 1986 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party.  After admitting the complaint notice was issued to the opposite parties.  The opposite parties entered appearance and filed written version denying the allegation raised by the complainant.  Subsequently on 16/11/2022 the counsel proposed to appear for 1^st opposite party reported no instruction.  The case of the complainant in short is that she has deposited an amount of Rs.7,60,000/- with the opposite party as fixed deposit and the opposite party agreed to repay the amount on the due date with interest.  According to the complainant an amount of Rs.9,99,950/- is due from the opposite party on maturity of the deposits.  The complainant’s case is that on several occasions she approached the opposite party for getting the amount, but there was no response from the opposite party and hence alleging deficiency in service and unfair trade practice on the part of the opposite parties, the complainant approached this Commission for redressing her grievances.  The opposite party filed written version denying the allegation raised by the complainant.  In the written version the opposite parties admitted that the complainant has deposited amount with the opposite party as fixed deposits.  According to the opposite party there was some misappropriation of huge amount by a staff namely Ravisanker and police investigation and disciplinary proceedings were initiated against the staff.  The opposite party submitted that they are trying its level best to return the fixed deposit amount to all the genuine depositors after completion of the police investigations.  According to the opposite party, because of the earnest efforts of the present staff and director board members, the cheating was detected and the culprits were brought to light.  Hence there is no deficiency in service on the part of the opposite parties and prays for dismissal of the complaint. 
3. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

               on the part of the Opposite Parties?

2. Whether the complainant is entitle to the relief claimed in the
3.  
4. Order as to cost?

4. Heard. Perused records, affidavit and documents.  To substantiate the case of the complainant, the complainant has not filed any affidavit or marked any documents from her side.  It’s a well settled proposition that when a party alleges some deficiency in service or unfair trade practice on the part of the other parties, it is the bounden duty of the party who alleges the fact has to prove the same.  Here in this case, the complainant was continuously absent and inspite of giving sufficient opportunities, the complainant failed to file an affidavit or documents to prove her case.  In the absence of any oral or documentary evidence from the side of the complainant, we find that the complainant has miserably failed to establish her case put forward against the opposite party.  In view of the above discussion we find that this is a fit case to be dismissed. 

                       In the result complaint is dismissed.  There will be no order as to cost.      

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28^th day of February,  2023.