IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 12th day of August, 2009. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. 54/09 Between: Susan Jacob, Cheriyamadathil, Nalanchira P.O., Thiruvananthapuram-15. now residing at Thadeetharayil, Kuriyannoor Muri, Thottappuzhasseri Village. .... Complainant. And: - Krishnachethu Financiers,
Pullad P.O., Pullad Muri, Koipuram Village rep. by its Proprietor, K.R. Venugopal, - K.R. Venugopal,
Krishnachethu House, Thottappuzhasseri Village, Maramon. .... Opposite parties. ORDER Sri. N. Premkumar (Member) The complainant had filed this complaint against the opposite parties for getting a relief from the Forum. 2. The fact of the case in brief is as follows: The complainant had deposited an amount of Rs.1,50,00/- for period of one year to the opposite parties’ financial institution on 17.04.2006. The rate of interest is 16% per annum. The said amount with interest has become due on 17.04.2007. The opposite parties failed to repay it inspite of repeated demand. The non-payment of the F.D. amount and its interest by the opposite parties is a deficiency of service, which caused financial loss and mental agony to the complainant. Hence this complaint for getting the deposited amount with interest, compensation and cost. 3. The opposite parties have not entered appearance. Hence they were declared exparte. 4. On the above pleadings, the following points were raised for consideration: (1) Whether the complaint is maintainable before this Forum? (2) Whether the reliefs sought for in the complaint are allowable? (3) Relief and Cost? 5. The evidence of the case consists of the proof affidavit and the document filed by the complainant. In the proof affidavit, she had narrated her case. The document filed by her has been marked as Ext.A1. Opposite parties have not contested the case. After closure of evidence, complainant was heard. 6. Points 1 to 3: The complainant’s case is that she had deposited a sum of Rs.1,50,000/- to the opposite parties’ financial institution on 17.04.2006. On maturity of the amount, the opposite parties have not returned it with interest. 7. In order to prove the complainant’s case, the complainant had filed proof affidavit along with one document, which is marked as Ext.A1. Ext.A1 is the fixed deposit receipt of Rs.1,50,000/- dated 17.04.2006 issued by the opposite parties. Materials on record shows that the complainant had deposited an amount of Rs.1,50,000/- to the opposite parties’ financial institution. The rate of interest is 16% per annum. Nothing on record shows that the opposite parties have repaid the said amount with interest. Opposite parties have not challenged the case. Therefore, the complainant’s case stands proved unchallenged. 8. It is the bounden duty of the opposite parties to return the deposited amount with agreed rate of interest as per Ext.A1 fixed deposit receipt. The non-payment of the amount with interest is not only a breach of trust as reposed by the complainant, but also a clear deficiency of service. Therefore, the opposite parties are liable to pay the deposited amount with interest. Hence this complaint is allowable. 9. In the result, this complaint is allowed, thereby the opposite parties are directed to return the fixed deposit amount of Rs.1,50,000/- (Rupees One lakh fifty thousand only) with interest at the rate of 16% per annum from the date of deposit of the amount till this date. The complainant is also allowed to realise an amount of Rs.500/- (Rupees Five hundred only) as cost. Since interest from the date of deposit is allowed, separate compensation is not allowed. The amount so awarded will be paid within one month from the date of receipt of this order, failing which interest at the rate of 12% per annum will follow for the whole amount till the whole payment. Declared in the Open Forum on this the 12th day of August, 2009. (Sd/-) N. Premkumar, (Member) Sri. Jacob Stephen (President) : (Sd/-) Smt. C. Lathika Bhai (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant : Nil. Exhibits marked on the side of the complainant: A1 : Fixed Deposit Receipt Witness examined on the side of the opposite parties : Nil. Exhibits marked on the side of the opposite parties : Nil. (By Order) Senior Superintendent. Copy to:- (1) Susan Jacob, Thadeetharayil, Kuriyannoor Muri,Thottappuzhasseri Village. (2) K.R. Venugopal, Proprietor, Krishnachethu Financiers, Pullad P.O., Pullad Muri, Koipuram Village. (3) K.R. Venugopal, Krishnachethu House, Thottappuzhasseri Village, Maramon. (4) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
