ORDER SMT. N. SHAJITHA BEEVI (MEMBER) Sri. Rajasree.J 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:- She had deposited a sum of Rs.1,00,000/- (Rupees One lakh only) on 16.06.2005 with the opposite parties. At the time of deposit, the opposite parties had agreed to pay the interest at the rate of 18% per annum. The opposite parties have neither pay the interest nor the principal amount after 16.12.2006. She 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 complaint 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. Notice was issued to the opposite parties. They were appeared and filed version. 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 parties? 2) Compensation and Costs. 3. Issue Nos. 1 and 2:- The complainant filed proof affidavit in support of her claim and produced, document in evidence. Ext.A1 – marked – Ext.A1 is the original pass book issued by the opposite parties at the time of depositing the amount. It shows that the pass book issued to the complainant after noting the deposited amount and the details of the interest paid. The pass book shows that the opposite parties has paid interest up to 16.12.2006 and the balance amount to be repaid comes to Rs.1,00,000/- (Rupees One lakh only). 4. On a careful reading of the entire matter of this case, it can be seen that the opposite parties has received the deposit amount from the complainant and paid interest up to 16.12.2006. 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 amount 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.1,00,000/- (Rupees One lakh only) to the complainant with 18% interest for the said amount from 16.12.2006 till the repayment of the amount and to pay a sum of Rs.5,000/- (Rupees Five thousand only) for the mental agony, loss and inconvenience of the complainant together with a cost of Rs.2,000/- (Rupees Two 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 25th day of February, 2010. Sd/- Smt. N. Shajitha Beevi: Sd/- Sri. Jimmy Korah: Sd/- Sri. K.Anirudhan: Appendix:- Evidence of the complainant:- Ext.A1 - Pass book issued by the opposite party at the time of deposit. Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Parties/S.F. Typed by:- vo/- Compared by:- | 
