DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 28^th day of July 2011

Present : Smt. Preetha G Nair, Member

: Smt.Bhanumathi.A.K. Member Date of filing: 17/03/2011

(C.C.No.46/2011)

1.K.O.Ramarajan,

S/o.Sekhara Menon,

Rohini, Kunnathurmedu,

Palakkad.

2. Ramaramarajn,

W/o.K.O.Ramarajan,

Rohini, Kunnathurmedu,

Palakkad.

3. Lakshmi Ramarajan,

D/o.Ramarajan,

Rohini, Kunnathurmedu,

Palakkad.

4. Nalini Venugopal,

W/o.M.Venugopal,

Rohini, Kunnathurmedu,

Palakkad. - Complainants

(ByAdv.R.Sreevalsan)

V/s

1. Secretary,

Palakkad Rural Co-operative Bank,

No.P1180, Vaaliparambu Road,

Near Stadium Bus Stand,

Kunnathurmedu, Palakkad.

2. President,

Palakkad Rural Co-operative Bank,

No.P1180, Vaaliparambu Road,

Near Stadium Bus Stand,

Kunnathurmedu, Palakkad.

4. Palakkad Rural Co-operative Bank,

No.P1180,

Rep.by its Secretary,

Vaaliparambu Road,

Near Stadium Bus Stand,

Kunnathurmedu, Palakkad. - Opposite parties

O R D E R

By Smt.PREETHA G NAIR, MEMBER

The complainants deposited F.D. Amounts in the 4^th opposite party bank. The 2^nd complainant is the wife of the 1^st complainant, 3^rd complainant is the daughter and 4^th complainant is the mother in law of the 1^st complainant. The 1^st opposite party is the Secretary of the Bank, 2^nd opposite party is the President of the Bank and 3^rd opposite party is the Director of the Bank. The details of FD Amounts are the following.

The complainants approached the bank after the due date for demanding the FD amount. But opposite parties not given the FD amount to the complainants. The complainants approached the 4^th opposite party bank and demanded the FD amount several times. Thereafter the complainants send lawyer notice to opposite parties. The opposite parties not given the FD amount with interest or not send reply notice. The opposite parties are bound to repay the FD amount with interest to the complainants after due date. The act of opposite parties amounts to deficiency in service and causes mental agony to the complainants. Hence, the complainant prays for an order directing the opposite parties to pay the FD amount of each complainants with interest, pay Rs.10,000/- each as compensation for deficiency in service, pay Rs.10,000/- each as compensation for mental agony and cost of the proceedings to the complainants.

There are 4 complainants in the case. All complainants got same interest. Then the 1^st complainant filed I.A.117/11 permitting him to represent for and on behalf of other complainants. I.A.allowed.

After receiving the notice the opposite parties were not present before the Forum. The 3^rd opposite party is the Director of the Bank. The 1^st complainant filed application to delete 3^rd opposite party from the complaint. Also filed an application stating no relief is claimed against 3^rd opposite party. Hence applications allowed. Hence all opposite parties set exparte. Then the 1^st Complainant filed chief affidavit and documents. Ext.A1 to Ext.A4 series marked on the side of the complainants. Matter was heard.

Issues to be considered are

1. Whether there is any deficiency in service on the part of opposite parties ?

2. If so, what is the relief and cost entitled to the complainants ?

    

Issue No.I & II

We perused relevant documents on record. In Ext.A1 series F.D.receipts shows that complainants deposited the amount in the 4^th opposite party bank. In the fixed deposit No.481 dated 2/5/07 the 1^st complainant deposited an amount of Rs.50,000/- with interest at the rate of 10 ½ % per annum in the 4^th opposite party bank as a fixed deposit repayable in 36 months. The due date is 2/5/2010. In the fixed deposit No.480 dated 2/5/07 the 1^st complainant and his wife deposited an amount of Rs.25,000/- with interest at the rate 10 ½% per annum in the 4^th opposite party bank as fixed deposit repayable 36 monthly installments. The due date is 2/5/2010. In the Fixed deposit No.489 dated 9/5/07 the complainant and his wife deposited an amount of Rs.50,000/- with interest at the rate of 10 ½ % per annum in the 4^th opposite party bank as a fixed deposit repayable 37 months. The due date is 9/6/2010. In the fixed deposit No.488 dated 9/5/07 the 1^st complainant and his wife deposited an amount of Rs.50,000/- with interest at the rate of 10 ½ % per annum in the 4^th opposite party bank as a fixed deposit repayable 37 months. The due date is 9/6/2010. In the fixed deposit No.491 dated 11/5/2007 1^st complainant and his daughter (3^rd complainant) deposited an amount of Rs.75,000/- with interest at the rate of 10 ½% per annum in the 4^th opposite party bank as a fixed deposit repayable 37 months. The due date is 11/6/2010. In the Fixed deposit No.490 dated 9/5/07 the complainant and his mother in law (4^th complainant) deposited an amount of Rs.50,000/- with interest at the rate of 10 ½ % per annum in the opposite party bank as a fixed deposit repayable 37 months. The due date is 9/6/2010. In Ext.A2 series the complainant send lawyer notice to opposite parties. The copy of lawyer notice dated 18^th September 2010 stated that fixed deposit repayable after 37months with 10 ½ % interest. The FDR has matured on 2/8/2010. There is an error in 37 months and matured on 2/8/10. The correction is 36 months and matured on 2/5/2010, on verification of Ext.A1 series.

In the lawyer notice dated 20^th day of September 2010 is an error in the 37 months. The correction is 36 months. The 1^st complainant filed additional affidavit stating that there is mistake in the lawyer notice and mentioned the correct months and date is as per Ext.A1 series. After admitting the complaint the 1^st complainant file applications to delete the 3^rd opposite party and stating no relief is claimed against 3^rd opposite party. Hence application allowed. Available records it is the true fact that the complainants were deposited FD amount in the 4^th opposite party bank. No evidence was produced by the opposite parties to prove that the FD amounts was paid to complainants. No version and no affidavit filed by the opposite parties. In Ext.A3 series the postal receipts shows that lawyer notices send to opposite parties. In Ext.A4 series the notices accepted by the opposite parties. The complainants stated that the opposite parties not send reply and not paid the F.D.amount. The act of opposite parties amounts to clear deficiency in service. The complainants deposited the amount in the 4^th opposite party with 10 ½ % interest per annum. Non return of the deposited amount after the maturity date amounts to clear deficiency in service on the part of opposite parties. It is a fit case for awarding compensation.

In the above discussions we are of the view that there is deficiency in service on the part of opposite parties in not returning the deposited amount to the complainants after the period of maturity. In the result the complaint is allowed. We direct the opposite parties jointly and severally to pay the FD amount in the Fixed Deposit No.481, 480, 488, 489, 491 & 490 with 10 ½% interest per annum from the date of deposit to the date of order and pay Rs.10,000/- (Rupees Ten thousand only) as compensation for mental agony and pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainants. Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest from the date of order till realisation.

Pronounced in the open court on this the 28^th day of July 2011.

Sd/

Smt.Preetha G Nair

Member

Sd/-

Smt. Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 series – FD Receipt (6 Nos) issued in the name of complainants by the

opposite party

Ext.A2 series – Lawyer notice dt.30/8/10 sent to opposite parties by the

complainant (5 nos)

Ext.A3 series - Postal receipt

Ext.A4 – Acknowledgment cards (6 nos)

Exhibits marked on the side of the opposite parties

Nil

Cost Allowed

Rs.1,000/- allowed as cost of the proceedings