IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of September, 2010
Filed on 01.07.10
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.134/10
between
Complainants:- Opposite Parties:-
1. Sri.Rajappan Pillai.P.K, 1. Pallithodu Service Co-operative Bank,
Thannikkadu, Vandanam, Limited No.1252.
Now residing at Thushara,
Krishnavilasam Veedu, 2. The Administrator,
Poochackal.P.O., Cherthala, Pallithodu Service co-operative Bank,
Alappuzha. Limited No.1252.
2. Smt.G.Sudha.P, 3. The Secretary,
Thannikkadu, Vandanam, Pallithodu Service co-operative Bank,
Now residing at Thushara, Limited No.1252.
Krishnavilasam Veedu,
Poochackal.P.O., Cherthala, 4. The President,
Alappuzha. Pallithodu Service co-operative Bank,
(By Adv.M.S.Jayesh) Limited No.1252.
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Sri.P.K.Rajappan Pillai and Smt.Sudha.P have filed this complainant on 01.07.2010 before this Forum alleging deficiency in service and negligence on the part of opposite parties. The brief facts of the allegation of the complainants are stated as follows:- On the basis of the assurance of the 3rd and 4th opposite parties; they have jointly deposited a total sum of Rs.6,00,000/-(Rupees six lakhs only) on different dates before the first opposite party’s Bank, by way of Fixed Deposits. Its maturity date was on 05.01.2009, 15.01.2009 and 29.01.2009 and the total maturity values comes to Rs.6,09,550/-(Rupees six lakh nine thousand five hundred and fifty only). In addition to the above, the first complainant had a Savings Bank Account in the said Bank, bearing A/cNo.2532-Folio No.9/297 and in that account, a total sum of Rs.2,83,583/- (Rupees two lakh eighty three thousand five hundred and eighty three only) was in his credit as on 29.10.2008. After its maturity date they have contacted the opposite parties on several dates and demand to return the amounts together with the interest thereon. But the opposite parties have not cared to return the amounts, with interest and committed deficiency in service, and negligence. Since there was no positive steps on the side of the opposite parties, they have filed this complaint seeking relief.
1. Notice was issued to the opposite parties. Even though they have accepted the notices of this Forum, they have not appeared before the Forum, for stating the details of this matter. Considering the absence of the opposite parties, they were set expartie by this Forum on 17.08.10 and produced the matter.
2. Complainants have filed proof affidavit in support of their case and produced documents in evidence - Ext.A1 to A7 marked - Ext.A1 to A6 are the Fixed Deposit Receipts showing the total deposits of Rs.6,00,000/-(Rupees six lakhs only) before the opposite party’s Bank on different dates by the complainants. The above Fixed Deposits Receipts shows the amount; rate of interest and period of deposits. The Fixed Deposits Receipts was signed by the President, Secretary and Cashier after accepting the amounts by way of fixed deposits from the complainants. The receipts was sealed. Ext.A7 is the Original Pass Book No.2532 – Ledger Folio 9/297 – SB A/c – The Pass Book shows the amount Rs.2,83583/- (Rupees two eighty three thousand five hundred and eighty three only)was outstanding as on 29.10.2008. The Pass Book, was signed by the Secretary of the said Bank and it was sealed.
3. We have carefully examined the entire matter of this case, perused the records produced by the complainants in evidence and heard the matter in detail. In this case, it is to be noticed that the complainants have deposited a total sum of Rs.6,00,000/-(rupees six lakhs only) on different dates before opposite parties Bank and the 2nd and 3rd opposite parties have issued the Fixed Deposit Receipts to the complainants after accepting the amount by way of deposits. In addition to this, the first complainant had a Savings Bank A/c in the Bank. As per the Pass Book, issued by the 2nd and 3rd opposite party an amount of Rs.2,83,583/- (Rupees two lakh eighty three thousand five hundred and eighty three only) is due for repayment. It is alleged that the complainants have demanded to return the amounts in the Fixed Deposit A/c and the SB A/c. But the opposite parties have not returned the amounts with interest and refused the requests willfully. After the maturity period of the said deposits, any kind of refusal to return the amounts by the opposite parties, along with the agreed rate of interest will amounts to cheating. There is no justification on the part of the opposite parties to retain the amount without repayment and opposite parties have no right to evade from the obligation made by them at the time of deposit, and other remittance made by the complainants on different dates in the SB A/c. After perusal of the entire case, it can be seen that there is grossest deficiency in service, culpable negligence and cheating on the part of the opposite parties. The whole facts shows that the opposite parties are acted is a willful way and it was illegal and unauthorized manner. It is to be latter noticed that even though the opposite parties have accepted the notices of this Forum, they have not shown any interest to appear before the Forum, for stating the reasons for the refusal to return back the amounts to the complainants. This shows the irresponsible attitude of the opposite parties in this financial matter.
4. So, after considering the whole aspects of this case, we are of the view that the allegation raised by the complainants against the opposite parties are to be treated as genuine and so the complainant is to be allowed. Since there is grossest deficiency in service, culpable negligence and cheating on the part of the opposite parties, the complainants are fully entitled to get compensation including punitive costs and court costs from the opposite parties. All the issues are found in favour of the complainant. Hence complaint is allowed.
5. In the result, we hereby direct the opposite parties to return the amount, together with the agreed rate of interest which comes to Rs.10,52,705/- (Rupees ten lakh fifty two thousand seven hundred and five only) in connection with the Fixed Deposits and SB Accounts as on 15.06.2010 and further pay interest at the rate of 12% for the above said total amounts from the date of filing of this complainant before the Forum till the date of realization, and pay a sum of Rs.10,000/-(Rupees ten thousand only) each to the complainants for their mental agony, sufferings, inconvenience, harassment, loss and physical strain, due to the grossest deficiency in service, culpable negligence unfair trade practice and cheating of the opposite parties, by way of willful refusal to return the amounts in time to the complainants and further pay a sum of Rs.25,000/- (Rupees twenty five thousand only) to the complainants as punitive costs and pay a sum of Rs.3,000/-(Rupees three thousand only) as costs of this proceedings. The interim order dated, 02.07.2010 vide IA No.104/10 already issued against the opposite parties is stands absolute. We further direct the opposite parties to pay the above said amounts to the complainants within 30 days from the date of this order.
Pronounced in open Forum on this the 30th day of September, 2010.
Sd/-Sri.K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainants:-
Ext. A1 - The FD Receipt numbered 2323 dated 5.10.08 for an amount of Rs.1,00,000/-
Ext. A2 - The FD Receipt numbered 2324 dated 5.10.08 for an amount of Rs.1,00,000/- Ext. A3 - The FD Receipt numbered 2325 dated 15.10.08 for an amount of Rs.1,00,000/-
Ext. A4 - The FD Receipt numbered 2326 dated 15.10.08 for an amount of Rs.1,00,000/-
Ext. A5 - The FD Receipt numbered 2327 dated 15.10.08 for an amount of Rs.1,00,000/-
Ext. A6 - The FD Receipt numbered 2328dated 29.10.08 for an amount of Rs.1,00,000/-
Ext. A7 - SB Pass Book having account No.2532
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
