Date of filing : 25-02-2011
Date of order : 23-06-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 45/2011
Dated this, the 23rd day of June 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
M.Ramachandran,
S/o.Late Kannan Nair, } Complainant
Pathanadkam House, Kottoor. Po,
Kasaragod Taluk.
(Adv.K.Vinodkumar, Kasaragod)
The Kasaragod Co-operative Marketing And } Opposite party
Processing Society Ltd, Vidyanagar.Po,
Kasaragod.3 Represented by its Secretary.
(Exparte)
O R D E R
SRI.K.G.BEENA, MEMBER
The case of the complainant Sri.M.Ramachandran is that he deposited a sum of `90,000/- with the opposite party vide FD receipt No.1526 and the same is matured on 11-10-2009. At the time of deposit of the amount, opposite party informed the complainant that the amount can be withdrawn even before the expiry date, subject to some conditions. Since the complaint was in some financial need he made a request before the opposite party on 3-3-2009 through Kasaragod District Co-operative bank evening branch. There was no response from opposite party for several months and finally the same was rejected saying premature withdrawal is not allowed as per letter dated 12-08-2009. Soon on maturity of the FD, the complainant again approached opposite party. But neither the amount is credited to his account nor returned the FD receipt till 9-2-2010. Complainant made a complaint before the Assistant Registrar of Co-operative Societies for which opposite party sent an evasive reply stating that the financial condition of opposite party is not sound and they are not in a position to pay the amount and asked the complainant to renew the FD or to get the amount in instalments. As the complainant is in urgent need of money he could not act upon the direction of opposite party and filed a petition before District Legal Service Authority, Kasaragod. In the adalath the opposite party promised to pay the amount. But till date the amount has not been paid to the complainant. Due to the negligence and deficiency of service on the part of opposite party complainant suffered financial loss and mental agony. Hence the complaint seeking redressal of his grievance.
2. Though notice is sent by registered post opposite party remained absent. Hence the opposite party had to be set exparte.
3. The evidence of the complainant consists of her proof affidavit and Exts A1 toA7.
4. After considering the complaint and documents, the following issues were raised for consideration.
1. Whether there is any deficiency in service on the part of the opposite party.
2. What is the order as to cost and compensation?
5. For the sake of brevity both points are considered together. The complainant produced FD receipt for an amount of `90,000/- with deposit No.1256 renewed with effect from 10-04-2010 as FD No.127 dated 8-10-10 which is marked as Ext.A1. The copy of the letter sent by opposite party to Manager, KDC Bank Kasaragod is produced by the complainant which is marked as Ext.A2. In Ext.A2 opposite party states that the complainant can withdraw the amount as soon as on maturity of the FD. The complainant produced the letter given by opposite party to the complainant inducing him to renew the FD which is marked as Ext.A4. The letter sent by complainant to opposite party is marked as Ext.A5. Copy of the Memo issued by KDC bank for the return of the FD receipt is marked as Ext.A6. The copy of the petition filed before Lok Adalath is marked as Ext.A7. The complainant has every right to get back the money on maturity of the FD. Complainant has made complaints before the Assistant Registrar of Co-operative Societies and District Legal Service Authority, Kasaragod to get back the money when he faced an urgency. He suffered financial loss and mental agony due to the deficiency in service on the part of opposite party.
Hence the complaint is allowed and opposite party is directed to pay `90,000/- with interest @ 7½ % from 10-04-2010 to 8-10-2010 and from 9-10-2010 onwards at an enhanced rate of 9% till date of payment together with a compensation of `10,000/- and a cost of `3,000/- within 30 days from the date of receipt of copy of this order.
MEMBER MEMBER PRESIDENT
Exts.
A1. 08-10-2010 FD Receipt for an mount of `90,000/-
A2.12-08-2009 Letter sent by Kasaragod Co-operative Marketing and Processing Society
Ltd to Manager, KDC Bank Ltd, Evening Branch.
A3.09-02-2010 Letter sent by OP to complainant and Senior Manager, KDC Bank.
A4. 25-06-2010 letter sent by complainant to Secretary, K.C.M.P.S. Ltd, Vidyanagar.
A5.25-05-2010 letter sent by KDC Bank to complainant.
A6.10-07-10 letter sent by OP to Senior Manager, KDC Bank, Evening Branch Kasaragod
A7. 23-7-10 Complaint filed by complainant before the Chairman, Legal Service Authority,
Kasaragod.
MEMBER MEMBER PRESIDENT
Pj/
