This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to pay the amount of fixed deposit `18629 with interest up to maturity date and thereafter together with `1,00,000 as compensation and cost of this litigation.

          The case of the complainant in brief is as follows: Complainant is a fixed deposit holder of opposite party for an amount of `18629. Amount was deposited on 20.2.2011 and the maturity date was on 20.12.2010. It was renewed after attaining maturity to another year up to 20.2.2011. After maturity he approached Bank for withdrawing the amount. But opposite party was not ready to give the amount instead he was insulted by the employees in front of the customers. On 22.2.2011 complaint was filed before the Joint Registrar Kannur and after enquiry order was passed to pay due amount of FD to complainant. But even after the order of the Joint Registrar to return the amount   opposite party did not pay the amount Complainant sent a notice to opposite party on 5.5.2011 but they had not even sent reply. The illegal holding of the amount caused much trouble to complainant mentally and physically.  Hence this complaint.  

          Opposite party filed version contending as follows: Complainant had a fixed deposit account with the bank for an amount of `18629 which was matured on 20.2.2011. It is false to say that he was abused by opposite party. When he came to bank it was enquired to renew the same after paying due amount of his wife. But complainant was not ready and willing. Hence opposite party allowed complainant to withdraw the amount and told him to that steps would be taken for recovery proceedings immediately. Then complainant behaved tumultuously and left the place. He filed complaint before Joint Registrar thereafter. Opposite party communicated to complainant that they were ready to give money at anytime opposite party telephoned to complainant many times and informed the same. The wife of the complainant took a loan for `60,000 from the bank and it had become due on 2.11.2009. At that time the wife of complainant gave her property for mining of laterite stone but it was prevented by opposite party approaching police etc. It is due to this grudge complainant filed the present complaint. Opposite party was ready and willing to pay the amount at any time complainant demands. But complainant did not turn up to withdraw the amount. Complainant’s notice to withdraw the deposit was received by the opposite party and then opposite party sent a registered notice on 6.5.2011 to complainant stating that there was no objection in withdrawing the amount but that was returned since he was not received the same. Opposite party is always ready and willing to return the amount. The complaint is only to defame the Bank. Hence to dismiss the complaint.

          On the above pleadings the following issues have been taken for consideration.

1. Whether there is any deficiency on the part of opposite

     Party?

2. Whether the complainant is entitled for the remedy as

    prayed in the complaint?

3. Relief and cost.

The evidence consists of the oral evidence adduced by PW1 and Exts.A1 to A7 marked on his side. Opposite party neither adduced oral evidence nor marked any documents on their side.

Issue Nos.1 to 3

          Admittedly complainant has been a fixed deposit holder of opposite party bank. Complainant’s case is that opposite party did not allowed complainant to withdraw the amount after its maturity. Even after sending notice opposite party has not allowed for withdrawing the amount. Opposite party on the other hand contended that they have been ever ready to allow the complainant to withdraw the amount.

          Complainant adduced evidence by way of affidavit and opposite party cross examined PW1 elaborately. Affidavit evidence stated in detail in tune with the pleadings.Ext.A2 is the fixed Deposit receipt of `18629.  Maturity date of the FD is admittedly 20.2.2011. Interest  shown is 5.5%.Complainant adduced evidence by way of affidavit that he has approached opposite party to withdraw the amount after the FD became matured. Affidavit evidences also stated that the complainant denied withdrawing the amount whenever he had approached opposite party. Opposite party insulted him before the customers instead of allowing to withdraw the amount. Complainant contended that he had not rejected any registered letter alleged to be sent to him by the complainant. Complainant was elaborately cross examined by opposite party. Opposite party could not bring out anything in favour of them regarding the FD or its denial of withdrawal. Complainant has the case that he approached bank many occasions to withdraw the amount. Complainant has also alleged that he had sent notice demanding to allow him to withdraw the FD. No question was put to complainant with respect to this aspect during the cross examination so as to bring out the fact that opposite party was always ready to give the FD amount.

          Opposite party did not adduce any evidence to prove their contentions. The pleading cannot be considered as evidence. Complainant adduces evidence to establish his case. Apart from affidavit evidence complainant produced Ext.A1 to A7 documents to establish his case. Though it is an admitted case the FD is proved by complainant by producing Ext.A2 FD receipt.Ext.A1 order of Joint Registrar (General) in charge Kannur reveals that he was entitled to withdraws the amount. It is specifically ordered opposite party to take immediate steps to give the amount with interest.Ext.A4 is the order of Joint Registrar (General) dated 25.4.2011 specifically directed opposite party to give back the money to complainant with interest stating that retaining the amount with opposite party is illegal. The order of the Joint Registrar itself proves the case of the complainant that he is entitled to withdraw the amount with interest.

          Ext.A5, A6 and A7 proves that complainant sent notice to opposite party demanding the FD amount. Opposite party did send any reply. The non reply of Ext.A5 is a proof that the contention of opposite party that they were ready and willing to return the amount at any time complainant demands the amount is false. Opposite party has the case that they have sent complainant a registered letter and complainant returned. But the postal receipt was not produced. If that was true the returned cover as such could have been produced before the Forum and prove it to be true. Opposite party did not give any evidence. This tact’s weaken the case of opposite party giving strength to believe the allegations of complainant to be true.  

          On going through the evidence we are under the impression that complaint is undoubtedly proved his case and retaining of FD amount with the opposite party is a clear deficiency in service for which they have also liable to pay compensation apart from payment of FD amount with interest. Considering the mental agony and of the trouble he has suffered we are of opinion that complainant is entitled for an amount of `5000 as compensation and `1000 as cost of this proceedings. Thus issues 1 to 3 are found in favour of complainant and order passed accordingly.

          In the result, the complaint is allowed directing the opposite party to make payment of the FD amount of complainant `18,629(Rupees Eighteen Thousand Six hundred and Twenty Nine only) with interest together with an amount of `5,000 (Rupees Five thousand only) as compensation and  `1000 (Rupees One Thousand only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the opposite party is liable to pay the entire award due with interest @12% from the date of order to the realization of the amount. The complaint is also entitled to execute the order after the expiry of one month as per provisions of consumer protection Act.

    Sd/-                        Sd/-                      Sd/-

President              Member                Member

APPENDIX

Exhibits for the Complainant

A1, A3, A4. Letters issued by Joint Registrar of co.op.Societies.

 A2. Fixed Deposit receipt issued by OP

A5.Copy of the notice sent to OP

A6 & 7. Postal receipt and AD card.

Exhibits for the opposite party: Nil

 Witness examined for the complainant

PW1Complainant

Witness examined for the opposite parties: Nil

                                                 / forwarded by order/

                                                                                                                                           Senior Superintendent