Sri. Venugopal has filed this complaint before the forum alleging deficiency in service on the part of the opposite parties. The contentions of the complainant are as follows:- He had deposited a total sum of Rs.8,120/- under daily deposit scheme with the opposite parties until 14.01.2009. Later he had requested the opposite parties to return the principal amount and its agreed rate of interest due. But the opposite parties have not taken any earnest steps to give back the deposited amount together with interest. Hence this complainant to get back the deposited amount, its interest together with compensation and cost for the gross negligence and for deficiency in service on the part of the opposite parties. 2. Notices were issued to the opposite parties. 3rd opposite party alone appeared and filed version, others were not appeared, they were declared as exparte. In the version filed by the 3rd opposite party with untenable contentions. It is stated that the alleged deposit of amounts have no connection with him and he has no information about the alleged transaction. 3rd opposite party fully unaware of the other details of the transaction. 3. Considering the contentions of the complainant, this Forum has raised the issues:- 1. Whether there is any deficiency in service on the party of the opposite party? 2. Compensation and Costs. 3. Issue Nos. 1 and 2:- The complainant filed proof affidavit in support of his claim and produced, document in evidence. Exts.A1 to A3 were marked – Ext.A1 is the original passbook issued by the opposite parties at the time of depositing the amount. Ext.A2 is the byelaw of the Puthankavu Devaswom Trust. Ext.A3 is the notice of the Valavanadu Puthankavu Devaswom. The 3rd opposite party filed two documents – marked as Exts.B1 and B2. Exts.B1 and B2 are the byelaw of the Puthankavu Devaswom Trust and Puthankavu Devaswom. 4. On a careful reading of the entire matter of this case, it can be seen that the opposite parties have received the deposit amount from the complainant The opposite parties have not taken any sincere attempt to repay the principal amount and its interest in spite of repeated request of the complainant. By way of denial of the repayment of the deposited amount with interest, the opposite parties have committed gross negligence and it will amounts to cheating. The action on the part of the opposite parties are highly illegal, arbitrary and unauthorized. The opposite parties are bound to repay the amount in time to the complainant. Any kind of deviation to repay the amount will be counted for willful short coming on the part of the opposite parties and the contentions raised by the complainant are genuine; and that the complainant is entitled to get compensation for the mental agony, loss in convenience and costs from the opposite parties. The issues are found in favour of the complainant. Considering the whole aspects of the case were are of the strong view that the complaint is to be allowed. In the result, we hereby direct the opposite parties to return the amount of Rs.8,120/- (Rupees eight thousand one hundred and twenty only) to the complainant with 12% interest for the said amount from 14.01.2009 till the repayment of the amount and to pay a sum of Rs.3,000/- (Rupees three thousand only) for the mental agony, loss and inconvenience of the complainant together with a cost of Rs.1,000/- (Rupees one thousand only) for this proceedings. We further direct the opposite parties to pay the said amounts to the complainant within 30 days form the date of receipt of this order. Complaint allowed. Pronounced in Open Forum, on this the 31st day of December, 2011. Sd/- Smt. N. Shajitha Beevi: Sd/- Sri. Jimmy Korah: Sd/- Sri. K. Anirudhan: Appendix:- Evidence of the complainant:- Ext.A1 - Original pass book Ext.A2 - Copy of the byelaw of Puthankavu Devaswom Trust Ext.A3 - Copy of the byelaw of Puthankavu Devaswom Evidence of the opposite parties:- Ext.B1 - Original byelaw of Puthankavu Devaswom Ext.B2 - Original byelaw of Puthankavu Devaswom Trust // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/S.F. Typed by:- pr/- Compared by:- | 
