Kerala

Alappuzha

CC/113/07

Asha Binu - Complainant(s)

Versus

Secretary - Opp.Party(s)

T.M.Sreelatha

22 Mar 2008

ORDER


Alappuzha
CONSUMER DISPUTES REDRESSAL FORUM ,BAZAR P.O
consumer case(CC) No. CC/113/07

Asha Binu
...........Appellant(s)

Vs.

Secretary
Bhaskaran
Mr. R.Babu
...........Respondent(s)


BEFORE:
1. JIMMY KORAH 2. K.Anirudhan

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

O R D E R SRI. K.ANIRUDHAN (MEMBER) The complainant Smt. Asha Binu has filed this petition alleging deficiency of service against the opposite parties. The case of the complainant is that the complainant deposited a total sum of Rs.3.5 lakhs on different dates with the opposite parties. (Rs.1 lakh on 16.2.04, Rs.1 lakh on 25.3.04, Rs.50,000/- on 16.3.2006 and Rs.1 lakh on 16.5.2006.) At the time of deposit of this amount opposite parties agreed to pay 18% interest per annum. Opposite parties were paid interest regularly till September 2006. Thereafter they failed to pay interest till date. Hence the complainant claims back the principal amount together with interest. But the opposite parties not gave any amount. 2. Notice was issued to the opposite parties. It was returned with the endorsement of the postal authorities as “unclaimed, returned to the sender”. They were not appeared before this Forum. Hence they were set exparte. 3. Considering the contentions of the complainant this forum raised the following issues: Whether the complainant is entitled for claim amount and compensation from the opposite parties establishing the deficiency as averred in the complainant? 4. Petitioner filed proof affidavit along with the petition dt. 7.8.07 and produced 3 documents. These document are marked as Exbts. A1to A3. 5. Exts. A1 to A3 shows that complainant was deposited Rs. 1 lakh on 16.2.04, Rs.1 lakh on 25.3.04, Rs.1 lakh on 18.5.06 and Rs.50,000/- on 16.3.06 and interest was given by the opposite parties up to 26.9.2006. Ext.A1 to A3 are the passbooks issued by the SNDP Br.No.363, Kakkazham-Neerkunnam. In these documents it is stated the details of amount deposited and payment of interest. In these pass books 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 complainant is entitled to get back the deposited amount of Rs.3.5 lakhs. There is no evidence produced by the complainant showing the rate of interest in the said transaction. In the absence of specific documents this Forum is inclined to grant 7.5% interest annually. 7. In the view of the above discussion the petition is allowed and directed to the opposite parties to pay the said amount of Rs.3.5 lakhs (Rupees three lakhs and fifty thousand only) with interest at the rate of 7.5% from 1st October, 2006 till the date of realization. This order shall be complied by the opposite parties within 30 days from the date of receipt of this order. Rs.1500/- (Rupees one thousand five hundred only) is allowed as cost of this proceedings. Opposite parties are liable to pay the cost to the complainant. Petition allowed. Pronounced in open Forum on this the 22th day of March, 2008. SRI.K.ANIRUDHAN (MEMBER): SRI. JIMMY KORAH (PRESIDENT): APPENDIX:- Evidence of the complainant:- Exts.A1 to A3 - Pass books Evidence of the opposite parties:- Nil Pr/-




......................JIMMY KORAH
......................K.Anirudhan