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

C.No.163/2018

Sovansom,

S/o P.K.Bahuleyan,

Kumar Bhavan,                                                              :         Complainant

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

Karicode,

Kollam 691 005.

(By Adv.Boris Paul)

V/s

1. The West Kallada Vanitha Co-op Society

           Ltd.No. Q1423,

          Karali Junction P.O,

         Kollam,

       Rep.by its Secretary                                               :         Opposite Parties   

      (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

Smt.S.Sandhya   Rani. Bsc, 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 are as follows.

          Complainant’s father Late P.K.Bahuleyan is an account holder of the 1^st opposite party West Kallada Vanitha Co-operative Society Ltd.Q.1423, 2^nd opposite party is the Secretary and 3^rd opposite party is the president.  The late P.K.Bahuleyan had made two fixed deposits Rs.3,45,000/- and Rs.1,50,000/- each on 04.04.2013 and 20.05.2014 respectively with the opposite party bank for a term of 36 months. The complainant is the son of the said Bahuleyan and nominee in the Fixed deposit and the said Bahuleyan expired on 05/03/2017. The interest assured was 11 % per annum based on the aforesaid condition and the above said FD amount will be repayable on 05.04.2016 and 20.05.2017 respectively.  As per the condition when the complainant approached with  relevant records for disbursing the FDs the second 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 had personal acquaintance with the 2^nd opposite party, secretary of the said bank.  Meanwhile the opposite parties paid interest for the deposit  up to 05.03.2017 and 21.02.2017 respectively for the two FDs.  Due to the repeated request on 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 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 amounts for his personal needs and personal matters.  This resulted in huge loss apart from mental agony and other hindrance.  Complainant reliably understood that the opposite parties are frequently making this type of illegal manner, the same was reported in newspapers regarding squindeling of money to a large extend by the officials of opposite party bank.  In the circumstances the complainant seeks to direct the opposite parties to refund the amount of Rs.3,45,000/- with interest there of at 11 % and Rs.1,50,000/- with the same interest per annum, further a compensation of Rs.50,000/- for mental agony and loss on various grounds sustained by the complainant along with costs.

          Though sufficient opportunity was granted the opposite parties failed to file version within time.  Hence on 08.10.2018 the forum ordered to proceed without version.  Subsequently though the opposite parties filed a joint version no. I.A has been filed to receive the belated version.  Hence the forum has not accepted the belated version filed by the opposite parties.

          An attempt was made at the instance of Forum to settle the matter, but failed.  Therefore 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 P4 documents.  Ext.P1 is the FD receipt issued in favour of the father of complainant by the opposite party West Kallada Co-operative Vanitha Society Ltd.No.1423 for Rs.3,45,0000/- dated 04.04.2013 and Ext.P2 is the FD receipt for Rs.1,50,000/- dated 20.05.2014 and  Ext.P3 is the agreement executed in favour of the complainant by the 2^nd opposite party, the Secretary of the concerned bank undertaking that the amounts 3,45,000/- and 1,50,000/- completed the tenure will be disbursed on 10.10.2017 in favour of the complainant, Ext.P4 is the copy of the complaint filed before the Joint Registrar of Co-operative Societies, Kollam.

          Heard the counsel for the complainant.

          The complainant Sovonsom filed affidavit by reiterating the averments in the complaint.  The unchallenged averments in the affidavit coupled with Ext.P1 and P2 documents would establish that the complainant’s father had made two fixed deposits Rs.3,45,000/- and 1,50,000/- respectively with the 1^st opposite party West Kallada Vanitha Co-operative Society Ltd.No.Q 1423.  The opposite party have not disputed the fact of making FD by the father of the complainant.  Ext.P3 undertaking executed by the 2^nd opposite party Secretary and Ext.P4 grievant petition filed by the complainant before Joint Registrar of Societies, Kollam would clearly indicate that even after the maturity of the FD made by the father of the complainant the 1^st opposite party bank has not given the amount with interest to the depositor or his nominee.  Hence there is deficiency in service on the part of opposite parties.

          It is clear from the Ext.P3 undertaking that the 2^nd opposite party Secretary has undertaken that the amount including the FD made by the Late father of the complainant will be given to the complainant on 10.10.2017 since the complainant’s father Sri.Bahuleyan is no more.  In this connection it is to be pointed out that the Secretary of Scoeity or a bank is not a competent authority to decide who are all the legal heirs of the deceased.  He can only rely on a legal heirship certificate issued by a competent authority.  It is clear from the available materials that the wife of the deceased Bahuleyan is alive.  Whether the complainant is having any siblings is not clear from the available materials.  In the circumstances production of Legal heirship certificate is highly necessary to realize the FD amount and its interest.

          Any how Ext.P3 undertaking would indicate that the opposite parties have not given the amount either to the depositor, his nominee or to any other person on behalf of the depositor.  It is also brought out in evidence that the interest for the FDs was paid to the complainant till 05.03.2017 and 21.02.2017 and thereafter no interest has been paid.  In the circumstances the legal heir of the depositor Bahuleyan if he is no more is entitled to get back the amounts covered by the FDs along with interest @ 11 % per annum from 05.03.2017 and 21.02.2017 till the amount is paid.

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

1. Opposite party No. 1 to 3  are directed to return 3,45,000/- and 1,50,0000/- covered by Ext.P1 & Ext.P2 FDs along with interest @ 11 % per annum from 05.03.2017 and 21.02.2017  respectively till the date of payment to the legal heirs of the deceased Bahuleyan on production of legal heirship certificate issued by a competent authority.
2. Opposite parties 1 to 3 are also directed to pay costs of Rs.5,000/- to the  Legal heirs of the deceased Bahuleyan.
3. Opposite parties 1 to 3 are also directed to comply with the direction No.1&2 as ordered above within 45 days of the receipt of a copy of this order on production of legal heirship certificate failing which the legal heirs of the deceased Bahuleyan are entitled to realize  Rs.3,45,000/- and  1,50,000/- from along with interest @ 12 % per annum for the said amounts from 05.03.2017 and 21.12.17 respectively  with interest at the rate of 12% from the date of filing the complaint along with costs Rs.5000/- from opposite parties 1 to 3 jointly and severally and from their assets by filing EP U/s 25 of the Consumer Protection Act 1986.

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:- FD receipt

Ext.P3:- Agreement

Ext.P4:- Complaint filed  Before 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