<br /> O R D E R<br /> <br /> Smt. C. Lathika Bhai (Member)<br /> <br /> The complainant Renjini @ Ambili has filed this complaint against the opposite parties for getting a relief from the Forum.<br /> <br /> The complainant’s case is as follows:- The complainant was a subscriber of small savings scheme started by the opposite parties on 21.4.04. Her subscriber card No. is 110. As per the condition, the complainant has to pay 30 monthly instalments of Rs.100/- each. The complainant had paid 14 instalments and after that the complainant changed her residence from Podiyadi to Aranmula and she could not continue the payment. At that time, she demanded the money paid to the opposite party but the opposite parties told that the amount would be returned only after the completion of 30 months. After the completion of the period, the complainant approached opposite parties for getting the money, then they agreed that the amount will be given at the residence of the complainant within one week. But the opposite parties did not paid the said amount and the complainant demanded the money several time by telephone and with mediators. But the opposite party did not paid the amount. Hence this complaint is for getting the remitted amount of Rs.1,400/- and compensation of Rs.3,000/- for her mental agony and financial expenses. The complainant prays for granting a relief.<br /> The 1st opposite party appeared before the Forum and paid Rs.300/- to the complainant and she wanted time for balance payment, but after that she did not appear before the Forum or no version has been filed. Hence they set exparte. <br /> <br /> The points for consideration in this case are the following:-<br /> <br /> 1.Whether the complaint is maintainable before the Forum?<br /> 2.Whether the complainant is entitled to get a relief sought for in the complaint?<br /> 3.Compensation & Cost?<br /> The evidence in this case consists of the oral evidence of the complainant who had been examined as PW1 and the saving card issued by the opposite parties which is marked as Ext.A1. For the opposite parties, there is no oral or documentary evidence. After closure of evidence, complainant heard. <br /> <br /> Points 1 to 3:- The complainant is a consumer and the dispute is a consumer dispute and the complaint is maintainable before the Forum. <br /> <br /> The complainant’s case is that she was a subscriber of small savings scheme started by the opposite parties and the complainant has to pay 30 monthly instalments of Rs.100/- each. She had paid 14 instalment and the payment was recorded in the savings card issued by the opposite parties. The savings card produced by PW1 is marked as Ext.A1. After the payment of 14 instalments, she changed her residence and she could not continue the payment and after the completion of the prescribed period she demanded the money from opposite parties, but they did not paid the amount and PW1 filed this complaint. PW1 prays for allowing the complaint. Opposite parties did not cross-examined PW1.<br /> <br /> On a perusal of the evidence of this case, Ext.A1 shows that the complainant has paid 13 instalment to the opposite parties. For the payment of 14th instalment, there is no entry in Ext.A1 and the complainant did not adduce any evidence to prove the payment of 14th instalment. Therefore, the complainant is entitled to get the amount remitted and the opposite parties are liable to pay the said amount. The non-payment of the remitted amount after the completion of the period is a deficiency of service, which caused financial loss to the complainant, and the opposite parties are liable to compensate the loss. The complainant has proved the payment of 13 instalments of Rs.100/- each and therefore the complainant is entitled to get an amount of Rs.1,000/- after deducting Rs.300/- from Rs.1,300/-, which was paid by the opposite party to the complainant before the Forum and an amount of Rs.500/- as compensation. <br /> <br /> In the result, the complaint is allowed, thereby the complainant is allowed to realise Rs.1,000/- (Rupees One thousand only) from the opposite parties along with interest at 12% p.a. from the date of filing of this complaint till this date and thereafter at 6% interest p.a till whole realisation. The complainant is also allowed to realise Rs.500/- (Rupees Five hundred only) as compensation from the opposite parties. The opposite parties are directed to pay the amounts so ordered within two months from the date of receipt of this order, failing which interest for Rs.1,000/- will have to be paid at 9% per annum till the whole payment. Separate cost not allowed as interest and compensation allowed to the complainant.<br /> <br /> Declared in the Open Forum on this the 22nd day of August, 2008.<br /> <br /> Lathika Bhai,<br /> (Member)<br /> <br /> Sri. Jacob Stephen (President) :<br /> <br /> Sri. N. Premkumar (Member) :<br /> <br /> Appendix:<br /> Witness examined on the side of the complainant::<br /> PW1 : K.S. Renjini<br /> Exhibits marked on the side of the complainant. <br /> A1 : Savings card<br /> Witness examined on the side of the opposite parties; Nil<br /> Exhibits marked on the side of the opposite parties: Nil.<br /> <br /> <br />