By Smt. Rajani.P.S, Member:
The complainant’s case is as follows: The complainant had deposited Rs.4,75,954/- on 31.3.07 vide F.D. receipt No.1035 with respondent firm for one year with 10% interest. But the respondents not returned the deposited amount and interest after the due date even after repeated demands. So a lawyer notice was sent on 30.5.08. The 1st respondent received the notice but no reply and no remedy so far. The act of the respondents amounts to deficiency in service. Hence the complaint.
2. The counter filed by the respondents is that it is admitted that the complainant had deposited Ext. P1 amount with the respondent. But the respondent firm is not in a position to return the deposited amount and interest soon as there is no money with the respondent. The respondent had taken a decision to sale the properties and buildings of the respondent and to give an application before the Registrar of District Co-operative Society and when it was sanctioned the respondent firm is ready to return the amount. As the complainant is under the Kerala Co-operative Societies Act Hon’ble Forum has no jurisdiction to entertain the complaint. Hence dismiss.
3. The points for consideration are:
(1) Was there any deficiency in service on the part of respondents?
(2) If so, cost and compensation.
4. The evidence consists of the proof affidavit of complainant and Exts. P1 to P3 documents and the oral testimony of RW1.
5. Points-1 & 2: The complainant had deposited Rs.4,75,954/- on 31.3.07 with the respondent firm for one year with 10% interest. After the due date the complainant demanded to get back the deposited amount and interest. But not returned so far.
6. The respondents in their counter had admitted the deposit made by the complainant and are ready to return the amount after selling the property. The RW1 also deposed that the respondents are not denying the Ext. P1 deposit and further they are ready to deliver the amount. Hence there is no need of further discussion.
7. In the result the complaint is allowed and the respondents are directed to return the Ext. P1 amount with interest at the rate of 10% per annum from the date of deposit till realization with costs Rs.500/- (Rupees five hundred only) within two months from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 21st day of March 2011.
