Date of filing : 17-06-2010 Date of order : 07-10-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 142/2010 Dated this, the 7th day of October 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Gopalakrishnan Meloth, S/o.Narayanan Nair, } Complainant R/at Plavullakaya, Kuttikole.Po, Karivedakam Village, Chengala.Via, Kasaragod. (In Person) Rathi Krishnan.P, } Opposite party W/o. Krishnan Nair, Beetiyadka House, Muliyar, Via. Chengala, Kasaragod. (In Person) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Briefly stated the case of complainant is as follows:- Complainant being an account holder in RD account attached to Kudlu post office entrusted the monthly instalments with the opposite party who is a RD agent. But opposite party has not credited two instalments of `5,00/- in the account of complainant. Further opposite party stopped approaching the complainant for collection of monthly instalments and the pass book also not given to complainant. Therefore alleging deficiency in service the instant complaint is filed for a direction to opposite party to remit the entire amount in his account and also a compensation of `5000/-. 2. According to opposite party complainant joined in the RD Scheme on 29-2-08. Accordingly from2/2008 to 3/2009 she accepted the monthly instalments totaling `7,000/- and the same is endorsed in the pass book of the RD account pertaining to the complainant. Thereafter she discontinued the RD agency and it was intimated to postal authority or the RD account holder. But when she goes to the complainant to return the RD pass book he was not available in the locality and therefore it was entrusted with the neighbour of the complainant and instructing him to hand over the pass book to the complainant. According to opposite party she received only 14 instalments from the complainant and the said amount is deposited in his account. Hence there is no deficiency in service on her part. 3. Complainant examined as PW1. Ext. A1 marked. Opposite party adduced evidence as DW1. Ext B1 marked. Both sides heard. Documents scrutinized. 4. Ext.A1 is the copy of the R/D Card. From the entries in the card it is seen that 14 instalments commencing from 29-02-2008 to 12-03-2009 is recorded by opposite party. Ext.B1 is the pass book in that also 14 instalments are seen deposited in the RD account of the complainant. But according to complainant only `6,500/- is accounted in the post office. That apart he also lost the benefits of RD since opposite party discontinued the RD agency without intimating the complainant and surrending the pass book. The explanation of opposite party in that regard is that she informed the cessation of RD to all her account holders and the Pass Book of the complainant was entrusted with one Pavithran is not supported by any evidence. 5. Therefore we find deficiency in service on the part of opposite party. However, since the pass book contains 14 Nos of seals evidencing the remittance of 14 instalments. We discard the case of the complainant that only `6,500/- is deposited in her account by opposite party. However considering the mental agony and sufferings caused to the complainant we direct opposite party to pay `1,000/- to the complainant with a cost of `1,000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Complainant can take back the pass book Ext.B1 after the appeal time is over and can claim the said amount from the Kudlu Post Office as per the RD rules. Sd/- Sd/- MEMBER PRESIDENT Exts. A1. Copy of the RD card B1. Pass Book. PW1.Gopalakrishnan Meloth DW1. Rathikrishnan. Sd/- Sd/- MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
| | HONORABLE P.Ramadevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | , | | 
