SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> Sri. Chanda Pillai Kochuchanda Pillai and Sri. P.C. Alex have filed this complaint before the Forum alleging deficiency in service on the part of the opposite party – Secretary Punnapra Service Co-operative Bank Ltd. No.181, Punnapra, Alappuzha. The contentions of the complainants are that they have deposited a sum of Rs.25,000/- on 15.3.2005; a sum of Rs.15,000/- on 3.5.2005; a sum of Rs.10,000/- on 4.5.2005; a sum of Rs.25,000/- on 2.6.2005 and a sum of Rs.25,000/- on 26.7.2005 before the opposite party’s Bank as per the request of the opposite party; who are engaged in the business of canvassing deposits from the local people for small rate of interest in order to pay it for bigger rate of interest. As per agreement the opposite party has to repay the total sum of the deposited amount of Rs.1 lakh together with 6% agreed rate of interest on 26.10.2005. The complainants have contacted the opposite party ad requested to return the amount. Since they have not returned the amounts, the complainants filed petition before the Asst. Registrar, Co-operative Societies, Ambalapppuzha. As per the orders of the Asst. Registrar, the opposite parties have agreed to repay the amounts to the complainants within 3 months. Since there was no positive steps to repay the deposited amounts on the part of the opposite party, the complainants filed the petition for relief.<br /> 2. Notice was issued to the opposite party. But they have not entered appearance before this Forum and not filed any version. Considering the continuous absence of the opposite parties they were set exaparte by this Forum on 16.7.2008.<br /> 3. On the side of the complainants they have filed proof affidavit and documents in evidence. The first complainant has filed an authorization documents, authorizing his son Sri. Alex. P.C. the 2nd complainant to conduct the case for him. 5 documents produced in evidence. Exts.A1 to A5 – marked. Exts.A1 is the fixed deposit receipt No.2245 dt. 15.3.05 for a sum of Rs.25,000/- issued to the 1st complainant after signed by the Secretary of the said Bank. Endorsement for extension up to 15.9.05 is seen in the receipt. Ext.A2 is the fixed deposit receipt No.2252 dt. 3.5.05 for a sum of Rs.15,00/- issued to the first complainant. Its due date was 3.8.05 and it is signed by the Secretary. Ext.A3 is the fixed deposit receipt No.2253 dt. 4.5.05 for Rs.10,000/- signed by the Secretary and issued to the first complainant. Its due date was 4.8.05. Ext.A4 is the fixed deposit receipt No.2255 dt. 2.6.05 for Rs.25,000/- signed by the Secretary and issued to the first complainant. Its due date was 2.9.05. Ext.A5 is the fixed deposit receipt No.2260 dt. 26.7.05 for Rs.25,000/- signed by the Secretary and issued to the first complainant . From the documents noted above, it can be seen that the Secretary of the opposite party has received the said amounts by way of fixed deposits from the first complainant for 6% and 6.5% interest. <br /> 4. Considering the contentions of the complainant this Forum has raised the issues:-<br /> (1) Whether there is any deficiency in service on the part of the opposite party?<br /> (2) Compensation and costs.<br /> 5. Issues (1) and (2):- On verification of the documents (Exts.A1 to A5) produced by the complainants it can be seen that the opposite party have received the deposited amounts having a total sum of Rs.1 lakh from the first complainant on different dates. But the opposite party have not taken any earnest effort to return the deposited amount after its due dates. In this matter the contentions raised by the complainant against the opposite party are genuine and the opposite party have to return the amounts to the complainants with agreed rate of interest. The denial of the repayment of the fixed amount to the first complainant will come within the purview of deficiency in service on the opposite parties and for this the opposite parties jointly liable to compensate for the 1st complainant. On a perusal of the complaint, affidavit and documents given in evidence and after a detailed hearing, it can be seen that there is gross negligence and cheating on the part of the opposite parties. The acts of the opposite parties are highly illegal arbitrary and unauthorized. There is gross dereliction, culpable negligence and gross deficiency in service which caused mental agony and physical strain to the first complainant. Hence we are of the view that the contentions of the complainants are genuine and the first complainant is entitled to get compensation and costs and the complaint is to be allowed as prayed for. <br /> In the result, we hereby direct the opposite parties to return the deposited amount of Rs.1 lakh (Rupees one lakh only) to the first complainant with 6.5% interest from the date of deposit with a compensation of Rs.10,000/- (Rupees ten thousand only) for mental agony and inconvenience of the first complainant and a cost of Rs.3,000/- (Rupees three thousand only) for this proceedings. We further direct the opposite parties to pay the said amounts to the first complainant within one month from the date of receipt of this order.<br /> Complaint allowed.<br /> Pronounced in open Forum on this the 30th day of August, 2008. <br /> Sd/- SRI. K. ANIRUDHAN:<br /> Sd/- SRI. JIMMY KORAH:<br /> Sd/- SMT. N.SHAJITHA BEEVI:<br /> <br /> APPENDIX:-<br /> Evidence of the complainant:-<br /> Ext.A1 - Fixed deposit receipt No.2245<br /> <br /> Ext.A2 - Fixed deposit receipt No.2252<br /> <br /> Ext.A3 - Fixed deposit receipt No.2253<br /> <br /> Ext.A4 - Fixed deposit receipt No.2255<br /> <br /> Ext.A5 - Fixed deposit receipt No.2260<br /> <br /> <br /> <br /> <br /> Evidence of the opposite parties:- Nil <br /> <br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> <br /> <br /> Senior Superintendent<br /> To<br /> Complainant/Oppo. parties/S.F.<br /> Typed by:-pr/-<br /> Compared by:-<br />