Sri.K. GOPALAN: PRESIDENT<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to pay an amount of Rs 70488/- and interest.<br /> The allegation of the complainant in brief are as follows: The complainant has made a fixed deposit of RS 70488/- with Kannur District Co-operative Rubber and Agricultural Marketing Society Ltd, Taliparamba on 1.8.2005 The maturity date of the fixed deposit was 1.8.2006. The complainant approached the opposite party several times after the maturity to get the money. But they did not pay the amount except repeatedly extending their promise . Since they are not paying the amount complainant lodged this complaint for getting an order.<br /> The opposite party appeared and filed version. The main contention of the opposite party is that the complaint is not maintainable in this Forum. The issue raised in this complaint is exclusively triable by the Civil Court. Hence the comlaint is liable to be dismissed. The complainant had deposited Rs 70488/- on 1.8.2005. It is incorrect to say that the opposite party had not paid the amount on request made by the complainant. No demands have been made by the complainant as alleged in the complaint.<br /> The main question to be decided is whether there is any deficiency on the part of the opposite party and whether the complainant is entitled to get the relief as prayed in the complaint?<br /> The evidence consists of the oral testimony of the complainant as PW1 and documentary evidence Ext.A1.<br /> Admittedly complainant has deposited RS 70488/- with the opposite party. The fixed deposit was repayable after one year with interest @ 5% per annum. As a depositor the complainant is a consumer and complaint is maintainable. Ext.A1, the fixed deposit receipt issued by the opposite party proves that complainant had fixed deposit of Rs 70488/- with the opposite party. Ext.A1 clearly shows that the fixed deposit is repayable after one year. The amount was deposited on 1.8.2005. The due date is 1.8.2006. Due date is separately shown in the document. The rate of interest is also specifically written in Ext. A1. The opposite party has no explanation why they did not repay the amount on maturity of fixed deposit. Even in the version opposite party could not deny anyone of the material allegations of the complainant. The opposite party did not come forward either to cross examine the complainant or to adduce evidence. The way in which the opposite party defended the complaint itself is an indication of indirect admission of the allegation of the complainant. There is absolutely no justification for the non payment of amount of matured fixed deposit. Hence we are of opinion that the opposite party is liable to pay the amount with interest @ 5% per annum from the date of deposit till the payment of the amount . The complainant is also entitled for the cost of Rs 500/-.<br /> In the result, the complaint is allowed directing the opposite party to pay a sum of Rs 70488/-( Rupees seventy thousand four hundred and eighty eight only) with interest @ 5% per annum from date of deposit till the payment of the mount with cost of Rs 500/- ( Rupees five hundred only) to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of the Consumer Protection Act.<br /> Sd/-MEMBER Sd/- MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Photo copy of the fixed deposit receipt no.1726 dt. 1.8.2005 issued by the opposite party<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainnt<br /> PW1. Complainant.<br /> Witness examined for the opposite party – NIL<br /> Forwarded/by order <br /> SENIOR SUPERINTENDENT<br />