Kerala

Alappuzha

CC/114/07

Indira Das - Complainant(s)

Versus

Secretary, S.N.D.P. - Opp.Party(s)

T.M.Sreelatha

30 Jun 2008

ORDER


Alappuzha
CONSUMER DISPUTES REDRESSAL FORUM ,BAZAR P.O
consumer case(CC) No. CC/114/07

Indira Das
...........Appellant(s)

Vs.

Secretary, S.N.D.P.
Mr.Babu, President
Mr.Bhaskaran
...........Respondent(s)


BEFORE:
1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

SMT. N.SHAJITHA BEEVI (MEMBER) The complainant Smt. Indira Das has filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties. The contentions of the complaint is that the complainant has deposited an amount of Rs. 5,10,000/- on different dates i.e. 11-07-2003 and 25-03-2004 with the opposite parties and paid interest at the rate of 18% per annum for the amount deposited till September 2006. The opposite parties have issued the Exts. A1 to A3 documents to the complainant. On September 2006 onwards they have not paid any amount with interest. Hence the complainant claims back the principal amount together with interest. But the opposite parties have given any amount. 2. Notice was issued to the opposite parties. But they were not appeared before this Forum. Hence they were set exparte. 3. Considering the contentions of the complaint this Forum raised the following issue:- “Whether the complainant is entitled for claim amount and compensation from the opposite parties establishing the deficiency as averred in the complaint?” 4. Petitioner filed proof affidavit and produced Exts. A1 to A3 documents. 5. Ext. A1 is the certificate shows that the opposite parties were received an amount of Rs. 4,00,000/- (Four Lakhs) from the complainant, Ext. A2 is the pass book showing the above amount issued by the opposite parties. Ext. A3 also a pass book for Rs. 1,10,000/- issued by the opposite parties. Exts. A2 and A3, it is written as ‘Chathaya Nikshepam’. 6. Opposite parties are exparte in this proceedings and they were not disputed the case of the complainant. The documents produced by the complainant shows the details of their transaction with the opposite parties. Hence the complainant is entitled to get back the full deposited amount of Rs. 5,10,000/-. There is no evidence produced by the complainants showing the rate of interest in the said transaction. In this circumstances, this Forum is inclined to grant 7.5% interest annually. 7. In the result, this complaint is allowed and directed to the opposite parties to pay the said amount of Rs. 5,10,000/- with interest at the rate 7.5% from 1-9-06 to till the date of realization. Rs. 1,000/- is allowed as cost of this proceedings. Opposite parties are liable to pay the cost to the complainant. This order shall be complied by the opposite parties within 30 days from the date of receipt of this order. Petition allowed. Pronounced in open Forum on this the 30th day of June, 2008. Sd/- SMT. N.SHAJITHA BEEVI: Sd/- SRI. JIMMY KORAH: Sd/- SRI.K. ANIRUDHAN: APPENDIX Evidence of the Complainant: Ext. A1 - Receipt dated 11-7-03 Ext. A2 - Pass book issued by opposite parties Ext. A3 - Pass book issued by opposite parties Evidence of the Opposite Parties: NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:




......................JIMMY KORAH
......................K.Anirudhan
......................Smt;Shajitha Beevi