IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 4th day of June, 2010. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No. 58/08 (Filed on 12.06.2008) (Remanded)Between:-Radhakrishnan Nair, Sreeshylam, Azhoor Muriyil, Pathanamthitta Village, Kozhencherry Taluk, Pathanamthitta. .... Complainant. And: 1. Secretary, Kulanada Service Co-operative Bank Ltd., No.2133, Kulanada P.O., Pin – 689503. (By Adv. Sheeja. K.) 2. Joint Registrar of Co-operative Societies (General), Mini Civil Station, Pathanamthitta. ... Opposite parties. ORDERSri. N. Premkumar (Member): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The facts of this complaint is as follows: The complainant’s wife and their two sons deposited an amount of Rs.4,55,525/- with the first opposite party as fixed deposit and the first opposite party has issued 6 F.D. receipts for the same. The details of the Fixed Deposits are as follows: (1) F.D. receipt No.759 dated 12.2.2007 for Rs. 90,525/- (2) F.D. receipt No.782 dated 20.2.2007 for Rs.1,00,000/- (3) F.D. receipt No.900 dated 23.3.2007 for Rs. 15,000/-. (4) F.D. receipt No.021 dated 4.5.2007 for Rs. 1,50,000/- (All the above said 4 fixed deposits are in the name of Leela. R. Nair.) (5) F.D. receipt No.041 dated 19.5.2007 for an amount of Rs.75,000/- in the name of Abhilash. R. Nair.) (6) F.D. receipt No.055 dated 30.5.2007 for an amount of Rs.25,000/- in the name of Adarsh. 3. On maturity, the complainant approached the first opposite party for the release of the fixed deposit amount with interest. But they evaded the payment. Therefore, the complainant filed a petition to the second opposite party in this regard who made a direction to the first opposite party for the release of the fixed deposit amount. Even after the direction by the second opposite party, the first opposite party evaded the payment. Therefore, the complainant filed a complaint on 12.06.2008 before this Forum. Opposite parties are not appeared and hence they were declared as exparte. 4. After taking exparte evidence, this Forum disposed of the case as per the order dated 21.08.2008 directing the first opposite party to pay the fixed deposit amount with compensation of Rs.5,000/- and cost of Rs.1,000/-. 5. Aggrieved by the order of this Forum, the first opposite party preferred an Appeal before the Hon’ble State Consumer Disputes Redressal Commission, Thiruvananthapuram vide Appeal No.201/09. 6. After hearing the parties in the Appeal, the Hon’ble State Commission set aside the order of this Forum and remanded the case to this Forum for fresh disposal in accordance with law by affording reasonable opportunity to the opposite parties for filing version and adducing evidence in support of their respective pleadings and contentions. 7. After the remand of the case from the Hon’ble CDRC, the complainant and the first opposite party appeared before this Forum. On appearance, both sides were given opportunity for adducing evidence in support of their respective pleadings and contentions as directed by the Hon’ble CDRC. 8. Thereafter, first opposite party filed version inter alia stating that the complaint is not maintainable either in law or on facts. There is very serious allegation against the former Secretary and the Board Members of the first opposite party. The Assistant Registrar of Co-operative Societies, Thiruvalla submitted an enquiry report stating that former secretary is liable for the misappropriation in the first opposite party bank. Hence, the only remedy for the complainant is to go for Arbitration under Co-operative Societies Act and Rules. 9. The present Secretary-in-Charge assumed charge only on 04.07.2008. At the time of depositing the amount, as stated in the complaint, one Jacob. P.T. was the Secretary of first opposite party bank. After taking charge, the present Secretary-in-Charge has on detailed verification of the records and the cash balance of the bank found that for the last so many years, there was deep-rooted misappropriation and mismanagement in the society. Proceedings are already initiated against former Secretary, who is now under suspension. Moreover, Hon’ble High Court of Kerala ordered a vigilance enquiry to find those who are guilty. 10. The complainant’s case is that his wife’s 4 fixed deposits and by his children in two fixed deposits in the year 2007 are due from the bank and were not paid back on demand. The whole case of the complainant before this Forum is totally fraudulent and deceitful. The facts stated by the complainant in his complaint are totally falsehood. As per records, the complainant himself has engaged in the practice of withdrawal from the fixed deposits (in the name of his wife Leela. R. Nair) part by part on different occasions. Without surrendering the fixed deposit receipts to the bank and keeping the same with him, with the help of the bank’s former Secretary against the rules. He has already withdrawn almost upto 90% of the money deposited in two such deposits. But he has suppressed the above facts and has most fraudulently and malafidely claimed the whole from the Bank. 11. The details of the deposits in the name of the complainant’s wife and children and the withdrawals made from it are furnished below: Fixed deposits in the name of wife of the complainant namely Smt. Leela. R. Nair No. Date of deposit & FD No. Amount Date of Amount Total FD receipt No. deposited withdrawal withdrawn amount (in Rs.) (in Rs.) withdrawan 1. 12.02.2007 FDR:759 610/6 90,525.00 03.08.2007 4,000.00 54,000.00 11.03.2007 11.03.2008 11.03.2009 11.03.2010FIXED DEPOSITS IN THE NAME OF WIFE OF THE COMPLAINANT NAMELY SMT. LEELA. R.NAIR 2. 20.02.2007 FDR:782 631/06 1,00,000.00 05.10.2007 50,000.00 94,750.00 15.10.2007 15,000.00 23.10.2007 10,000.00 09.11.2007 2,000.00 15.11.2007 750.00 28.12.2007 3,000.00 21.01.2007 4,000.00 -------------------------------------------------------------------------------------------------------------------------- 3. 23.03.2007 FDR:900 744/06 15,000.00 Nil. Nil. Nil. 4. 04.05.2007 FDR:021 70/07 1,50,000.00 Nil. Nil. Nil. Fixed deposits in the name of 2 children of the complainant (1) Abhilash. R No. Date of deposit & FD No. Amount Date of Amount Total FD receipt No. deposited withdrawal withdrawn amount (in Rs.) (in Rs.) withdrawan 1. 19.05.2007 FDR:041 89/07 75,000.00 25.09.2007 84,500.00 84,500.00 -------------------------------------------------------------------------------------------------------------------------- (Full amount with interest is withdrawn and account is closed) (2) Adarsh. R ------------------------------------------------------------------------------------------------------------------------ No. Date of deposit & FD No. Amount Date of Amount Total FD receipt No. deposited withdrawal withdrawn amount (in Rs.) (in Rs.) withdrawan (in Rs.) 1. 30.05.2007 FDR:055 103/07 25,000.00 Nil Nil Nil (Date of maturity is only 30.06.2010) 12. The above statement of deposit shows that complaint is false, illl motivated, suppressive of material facts and illegal. The attempt of the complainant is only to extract public money by misleading the court. The erring employee was placed under suspension only after the newly elected managing committee of the bank has found out the fraud and irregularities. The bank is facing grave financial problem due to the frauds committed by the former Secretary. 13. The earlier directors of Board and the former Secretary along with the connivance of some depositors have engaged in the illegal practice of withdrawing amounts without surrendering the F.D receipts and claiming the same amounts again fraudulently. So many cases are now coming out one by one and the bank is in the process of searching as well as registering criminal case against those involved in such practice. The complainant has not surrendered the F.D certificate to the bank. The complainant’s wife and children repeatedly made fixed deposits with the bank even though the complainant is alleging illegal withholding of their money by the bank. 14. According to 1st opposite party, they are governed by the rules framed by the apex banks and the government with respect to interest rate, period etc. and not responsible for the exorbitant assurance made by any former office bearers or directors in contravention of the said rules. The amount deposited with the bank is the money owned by the general public and illegal and fraudulent attempt to make gain out of it should be prevented in the greater common interest. Therefore 1st opposite party canvassed for the dismissal of the complaint with their cost. 15. On the basis of the averment and contention of the parties, the following points are raised for consideration. (1) Whether the complaint is maintainable before the Forum? (2) Whether the relief sought for in the complaint are allowable? (3) Reliefs and Costs? 16. Evidence of the complaint consists of the proof affidavit filed by the complainant along with dertain documents. He was examined as PW1 and the documents produced were marked as Ext.A1 to A5. 17. Evidence of opposite parties consists of the proof affidavit filed by the 1st opposite party. She was examined as DW1. Apart from version and oral evidence, 1st opposite party has not adduced any document to prove his case. 18. Point No.1:- The complainant is a consumer and the dispute herein is a consumer dispute and hence this case is maintainable before this Forum. 19. Point Nos. 2 & 3:- In order to prove the complainant’s case, complainant filed proof affidavit along with certain documents. He was examined as PW1 and the documents produced by him were marked as Ext.A1 to A5. Ext.A1 is the F.D receipt No.759 dated 12.2.07 for Rs.90,525/- in favour of Leela. R. Nair. Ext.A2 is the F.D receipt No.782 dated 20.2.07 for Rs.1,00,000/- in favour of Leela. r. Nair. Ext.A3 is the F.D receipt No.900 dated 23.3.07 for Rs.15,000/- in favour of Leela. R. Nair. Ext.A4 is the F.D receipt No.021 for Rs.1,50,000/- in favour of Leela. R. Nair. Ext.A5 is the authorisation letter executed by the complainant’s wife Leela. R. Nair in favour of the complainant for conducting this case before the Forum. 20. On the basis of the averment and contention of the parties, we have perused the entire materials on record. It is evident that there is no dispute regarding the amount deposited as per Ext.A1 to A4. According to the complainant, the said fixed deposit amount has not been returned. 21. According to 1st opposite party, former Secretary had done some misappropriation and mismanagement in the bank. A vigilence enquiry is going on against the errered former Secretary. Complainant in collusion with former Secretary withdrawn 90% of the money deposited in two deposits without surrendering fixed deposit receipt. Therefore the complaint is false. Moreover 1st opposite party states that they are not responsible for the assurance made by the former office bearers or directors they are governed by rules framed by apex bank and Government. 22. Even though 1st opposite party has raised allegation regarding the withdrawal of fixed deposit amount, they failed to adduce any material to prove it. If it all any misappropriation or mismanagement took place, provisions in co-operative act and rules enable them to realise the money and penalise the culprit. Misappropriation done by the bank officials does not mean that opposite parties are not liability for paying the matured fixed deposit amount to the depositors. Moreover 1st opposite party failed to adduce any material connecting the involvement of complainant with the errering former Secretary. Even though 1st opposite party made a statement regarding the withdrawal of two fixed deposits, the same is not supported by any voucher receipt or ledger as laid down by rules. Therefore, 1st opposite party failed in their attempt either to disprove the complainant’s case or to substantiate their contention. 23. It is seen that Ext.A1 to A4 fixed deposits are matured and 1st opposite party has not paid back the amount. It is the boundan duty of the 1st opposite party to return the fixed deposit amount of the complainant. Non-payment of the said amount is not only a breach of trust but also a clear deficiency of service. Therefore this complaint is allowable with interest and cost. Since interest is allowed, no separate compensation is allowable. However, if any amount is paid by 1st opposite party during the pendency of this case, the same has to be deducted from the total amount. 24. In the result, the complaint is allowed, thereby the 1st opposite party is directed to pay back the amount deposited as per Ext.A1 to A4 with interest noted in the fixed deposit till the maturity of Ext.A1 to A4 and at the rate of 10% per annum from the date of maturity till this day with a cost of Rs.2,000/- (Rupees Two Thousand only). If any amount has paid during the pendency of this case, the same had to be deducted from the total amount. The amount so awarded shall be given to the complainant within two months from the date of receipt of this order, failing which the whole amount will follow at the rate of 12% interest from this date till the realisation of the whole amount. Declared in the Open Forum on this the 4th day of June, 2010. (Sd/-) N. Premkumar, (Member) Sri. Jacob Stephen (President) : (Sd/-) Smt. C. Lathika Bhai (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: (after remand) PW1 : G. Radhakrishnan Nair Exhibits marked on the side of the complainant: (after remand) A1 : F.D receipt No.759 dated 12.2.07 for Rs.90,525/- in favour of Leela. R. Nair. A2 : F.D receipt No.782 dated 20.2.07 for Rs.1,00,000/- in favour of Leela. R. Nair. A3 : F.D receipt No.900 dated 23.3.07 for Rs.15,000/- in favour of Leela. R. Nair. A4 : F.D receipt No.021 for Rs.1,50,000/- in favour of Leela. R. Nair. A5 : Authorisation letter executed by the complainant’s wife Leela. R. Nair in favour of the complainant. Witness examined on the side of the opposite parties: (after remand) DW1 : K.S. Remabhai. Exhibits marked on the side of the opposite parties: Nil. (By Order) Senior Superintendent. Copy to: (1) Radhakrishnan Nair, Sreeshylam, Azhoor Muriyil, Pathanamthitta Village, Kozhencherry Taluk, (2) The Secretary, Kulanada Service Co-operative Bank Ltd. No.2133, Kulanada P.O., Pin – 689503. (3) The Joint Registrar of Co-operative Societies (General), Mini Civil Station, Pathanamthitta. (4) The stock file.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
