BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 188/2008 Filed on 19.08.2008

Dated : 30.03.2009

Complainant:

Abdul Vahid. A, Thoppil Marhaba, Varikkumukku, Murukkumpuzha P.O, Veyiloor Village, Tvpm.

Opposite parties:

1. The Secretary, Murukkumpuzha Service Co-operative Bank, Murukkumpuzha P.O, Thiruvananthapuram.

    

2. Receiver, Murukkumpuzha Service Co-operative Bank, Murukkumpuzha P.O, Thiruvananthapuram.

    

3. Joint Registrar(General), Co-operative Joint Registrar Office, Thiruvananthapuram.

    

4. The District Collector, Collectorate, Thiruvananthapuram represented by Kerala State.

This O.P having been heard on 02.02.2009, the Forum on 30.03.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The complainant had deposited Rs. 1,00,000/- in the opposite parties bank on 30.06.2007 for a period of one year. And after the maturity period the complainant renewed the deposit. Now the amount comes Rs. 76,940/- with its interest. The complainant approached the bank authorities on several times to withdraw the amount. But the opposite parties did not allow to withdraw the amount from the bank. The complainant filed complaints before various authorities to get back the amount from the bank. But no favourable reply. And also the complainant alleges that at the time of marriage of his daughter he approached the opposite party for the amount, but they did not take any action to disburse the amount. For that reason the marriage relation of his daughter has been ruined, the husband of his daughter divorced her for the reason that the complainant did not pay the promised dowry. The complainant has no other way except to approach this Forum. Hence the complaint.

The opposite parties Murukkumpuzha Service Co-operative Bank and others filed version. In their version they stated that the financial position of the bank is very pathetic and is not under control. As per their statement deposit amount to be paid as matured with interest is Rs. 3,55,00,000/-. Loan outstanding to be collected is only Rs. 1,32,40,000/- and the bank is indebted to Trivandrum District Co-operative Bank for Rs. 1.50 crores. They also submitted that they have taken all possible efforts to collect the loan amount and the misappropriated amount and to disburse it to the depositors in an equitable way. They prayed for not allowing any preference to the petitioner for repayment of the deposit amount.

The complainant has filed proof affidavit and examined as PW1. He has produced 6 documents to prove his case. The documents were marked as Exts. P1 to P6.

Points to be ascertained:

1. Whether there is deficiency in service from the side of opposite parties?

2. Reliefs and costs.

Points (i) & (ii):- In this case the opposite parties filed version and thereafter they did not appear before this Forum and hence they were set exparte. The document marked as Ext. P1 is the deposit certificate dated 30.06.2007 for Rs. 1,00,000/-. Ext. P2 is the copy of reply notice sent by 3^rd opposite party to the complainant dated 24.11.2007 stating that the bank is in a pathetic condition to disburse the whole amount and hence it is not possible for that reason. Ext. P3 is the notice issued by the Taluk Co-operative Adalath. Ext. P4 is the copy of request sent by the complainant to the 1^st opposite party requesting the bank to disburse the amount for the marriage purpose of his daughter. Ext. P5 is the copy of the intimation letter issued by the Jama-ath to the complainant that the husband of his daughter divorced his daughter by Talaq. Ext. P6 is the copy of statement. As per this statement the complainant has to get Rs. 76,940/- as balance amount from the bank. From these documents we have to conclude that the complainant has to get back from the bank Rs. 76,940/- as on 31.03.2008. Complainant has produced almost all documents to prove his claim. The complainant has deposited the amount and the balance amount he would have to get is Rs. 76,940/- as on 31.03.2008. The 1^st and 2^nd opposite parties are liable to disburse the amount to the complainant. The complainant made repeated demands and requests to refund his money which he deposited. The complainant is entitled to get the balance amount in his account. It is the duty of the bank to disburse the amount as and when he demanded. In this case there is deficiency in service from the side of opposite parties. Hence opposite parties are liable to compensate their act. Hence the complaint is allowed.

In the result, the 1^st and 2^nd opposite parties are directed to pay the amount in the account of the complainant and its interest as per the rules and regulations of the bank. The 1^st and 2^nd opposite parties are also directed to pay Rs. 1,000/- (Rupees one thousand only) as compensation and Rs. 1,000/- (Rupees one thousand only) as costs.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30^th March 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 188/2008

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - A. Abdul Vahid

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of F.D Receipt dated 30.06.2007 for Rs. 100000

P2 - Photocopy of letter dated 24.09.07 issued to the

complainant by the 3^rd opposite party.

P3 - Photocopy of receipt dated 18.10.2007.

P4 - Photocopy of letter dated 18.03.08 addressed to the 2^nd

opposite party by the complainant.

P5 - Photocopy of notice dated 19.06.08 issued to the

complainant by the Secretary, Kurakkode Muslim Jama-

Ath.

P6 - Photocopy of pass book.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT