IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

DATED THIS THE   30^th  DAY OF SEPTEMBER 2019

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

                      Smt.S.Sandhya   Rani. Bsc, LLB ,Member

                      Sri.Stanly Harold, B.A.LLB, Member

CC.No.167/2018

Indira,

W/o P.K.Bahuleyan,

Kumar Bhavan,

T.K.M.C P.O.,                                                     :                  Complainant

Karicode,

Kollam-691 005,Kerala.                 

 (By Adv. Boris Paul )                                                           

V/S

1. The West Kallada Vanitha

Co-op.Society Ltd.No.Q1423,:Opposite parties

Karali Junction P.O.,

Kollam.

Rep.by its Secretary

(By Adv. Siju S. )

2. The Secretary, The West Kallada Vanitha

Co-op.Society Ltd.No.Q1423,

Karali Junction P.O.,

Kollam.

(By Adv. Siju S. )

3. The President,

The West Kallada Vanitha

Co-op.Society Ltd.No.Q1423,

Karali Junction P.O.,

Kollam.

(By Adv. Siju S. )

FAIR  ORDER

Sri.Stanly Harold, B.A.LLB, Member

This is a case based on a consumer complaint filed under section 12 of the Consumer Protection Act.

          The averments in the complaint in short as follows.

          Complainant is the Account holder of 1^st opposite party West Kallada Vanitha Co-operative Society Ltd. No.Q 1423 and 2^nd opposite party is the Secretary of the said society and 3^rd opposite party is its President on 22.10.2012.  The complainant had made a fixed deposit of Rs.400000/- with the 1^st opposite party bank for a term of 36 months.  The interest assured was 13.5 % per annum.  Based on the aforesaid condition the above said FD amount will be repayable after 3 years ie on 23.10.2015.  As per the condition when the complainant approached with relevant records as required for disbursing the FD the 2^nd opposite party informed the complainant that the bank is facing hectic financial crisis, so the amount will be disbursed within a short span of time.  By believing the words of 2^nd opposite party the complainant waited with utmost patience.  The complainant has personal acquaintance with the 2^nd opposite party, Secretary of the bank.  Meanwhile the opposite parties paid interest for the deposit up to 28.02.2017 thereafter even interest was not paid.  Due to the repeated requests from the part of complainant the 2^nd opposite party executed an agreement dated 09.05.2017 assuring the payment before 10^th October 2017.  Since the amount was not paid on the proposed date assured by the opposite parties, the complainant preferred a complaint on 13.10.2017 before joint registrar of     co-operative societies Kollam.  The complainant is in very exigency of this amount for his personal needs and family matters.  This resulted in huge loss apart from mental agony and other hindrance.  The complainant reliably understood that the opposite parties are frequently making, this type of illegal practices to several account holders through illegal manner, the same was reported in news papers regarding squindling of money to a large extent by the officials of opposite party bank.  In the circumstances  the complainant  seeks to direct the opposite parties to refund the amount of Rs.4,00,000/- with interest thereof at 13.5 % per annum-amount a compensation  of Rs.50000/- for mental agony and loss on various ground sustained to complainant along with costs.

          The opposite parties 1 to 3 appeared before the Forum and filed version contenting that this is not a consumer dispute and as such this Forum has no jurisdiction to adjudicate the subject matter.  They also stated in the version that the complainant had already initiated legal proceedings against the opposite parties and further admits about the FD made on 22.10.2012 for Rs.4,00,000/- for a tenure of 36 months with an interest at 13.5 % per annum.  Another contention raised by the opposite parties in their version is that there existed dispute in the family of complainant with his son Sovansom with effect to the disposal of FD amount. Actually the amount was deposited by Sri.Bahuleyan, the late husband of the complainant as son of late Bahuleyan Sovansom also claiming the FD amount.  Opposite parties have demanded No Objection Certificate from the complainant to disburse the FD amount.  Though he has produced said NOC the opposite parties were failed to disburse the amount due to hectic financial crisis.  In these circumstances the opposite parties were constrained to execute agreements to various customers including the complainant.  Again stated in the opposite party’s version that the complainant has so far not produced, the No Objection Certificate which is very vital one to disburse the aforesaid FD amount.  Hence they are seeking to dismiss the complaint with cost.

          In the light of the above pleadings the points that arises for consideration are:-

1. Whether there is any deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled to get the relief prayed for?
3. Relief and costs?

An attempt was made at the instance of the Forum to settle the matter but failed.  Hence the case was listed for trial.  But the opposite parties failed to participate in the trial.  Hence exparte evidence was recorded.  Complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.P1 to P3 documents.  Ext.P1 is the FD receipt issued in favour of the complaint by the

opposite parties bank, West Kallada Vanitha Co-operative Society Ltd.Q 1423 dated 22.10.2012.  Ext P2 is the agreement  executed in favour of the complainant

by the 2^nd opposite party, the Secretary of the concerned bank undertaking that the amount of 400000/- deposited on 22.10.2012 which completed the tenure and altogether total payment will be disbursed on 10.10.2017 in favour of her son Sovansom.  Ext.P3 is the copy of complaint filed before Joint Registrar of Co-operative Societies, Kollam.

          Though the opposite parties appeared before this Forum and filed a joint version they failed to participate in the trial.   Hence they are set exparte.

          Heard the counsel for the complainant.

The points

          The complainant Smt.Indira has filed affidavit by reiterating the averments in the complaint.  The unchallenged averments in the affidavit coupled with Ext.P1 document would establish that the complainant had made a fixed deposit of Rs.4,00,000/- with the 1^st opposite party West Kallada  Vanitha  Co-operative  Society Q.1423 on 22.10.2012 .  The opposite parties have not disputed the fact of making FD by the complainant.  As there exists a consumer service provider

relationship between the complaint and the opposite parties.  Ext. P2 undertaking executed by the  2^nd  opposite party  Secretary and Ext.P3 grievance  petition filed by the complainant before the Co-operative Registrar, Kollam would clearly indicate that even after the maturity of the FD made by the complainant the 1^st opposite party bank has not given the amount with interest of the complainant.  Hence there is deficiency in service on the part of the opposite parties. 

It is clear from the P2 undertaking  that the 2^nd opposite party Secretary has undertaken that the amount including the FD made by the complainant will be given to the one Sovansom P. on 10.10.2017 since his father Bahuleyan already expired.  We failed to understand how the amount involved Ext.A1 FD FD made by the complainant can be given to Sovansom the son of Bahuleyan. There is absolutely no evidence either oral or documentary to show that the said Sovansom is the son of the complainant and P.K.Bahuleyan couples . The amount deposited by the complainant cannot be returned to the said Sovansom during the life time of the depositor Indira who is the complainant in this case.  If the complainant is not alive then only the bank authorities can return the amount covered by the FD and its interest to the legal heirs of the complainant.  Any how Ext.P2 undertaking would indicate that the opposite parties have not given the amount either to the  complainant or to any other person on behalf of the complainant.  It is also brought out in evidence that interest in the FD was paid to the complainant till 28.02./2017 and thereafter no interest has been paid .  In the circumstances the complainant is entitled to get back the amount covered by the FD along with the interest @ 13.5% from the 28.02.2017 till the amount is  paid to the  complainant.

          It is clear from the available materials that the complainant has suffered much mental agony  and other in conveniences due to the non receipt of the amount covered by Ext.A1 FD even after maturity.  In the circumstances the complainant is entitled to get a reasonable compensation and costs of the proceedings.  The  2 points, answered accordingly.

          Point No.3

In view of the finding on the 1 and 2 points the complainant is only to be allowed.

In the result the complaint stands allowed in the following terms.

1. The opposite parties are directed to return the Rs.4,00,000/- covered by Ext.P1  FD  along with interest at the rate of 13.5 % per annum from 28.02.2017 till the date of payment.
2. The opposite parties No. 1 to 3 are directed to pay compensation to the tune of Rs.25,000/- and costs of  Rs.5,000/-  to the complainant.
3. The opposite parties No.1 to 3 are directed to comply with above directions within 45 days of the  receipt of a copy of this order failing which the complainant is entitled to realize  Rs.4,25,000/- with interest at the rate of 12 % per annum for Rs.425000/-from the date of order till realization along with costs Rs.5,000/- from the opposite party 1 to 3 jointly and severally  and from their assets by filing EP U/s 25 of the Consumer Protection Act.  It is made clear that the complainant is entitled to proceed against the opposite party 1 to 3 U/s 27 of the said Act along with execution petition filed U/s 25.

Dictated to the  Confidential Assistant Smt.Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the   30^th   day of  September 2019.

                                                                                    E.M .MUHAMMED IBRAHIM:Sd/-                                                                                                        

                                                                          S.SANDHYA   RANI:Sd/-

                                                                                                                   STANLY HAROLD:Sd/-                                                     

INDEX

Witnesses Examined for the Complainant:- Nil

Documents marked for the complainant

Ext.P1:- FD receipt

Ext.P2:- Agreement Paper

Ext.P3:- Copy of complaint filed Joint Registrar of Co-operative Societies, Kollam

Witness examined for the opposite party:-Nil

Documents marked for the opposite party:-Nil

                                                                                    Forwarded/by Order

                                                                                    Senior superintendent