1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) Sri. K. Suseelan was filed the complaint before this Forum, alleging deficiency in service on the part of the opposite parties. The case of the complainant is as follows:- On 5.8.1999 the complainant had deposited a sum of Rs.15000/- with the opposite party and obtained the receipt No.1742 dt. 5.8.99 from the opposite party. At the time of deposit the opposite parties have agreed to pay the interest at the rate of 12% per month or the doubled amount after attaining the period of 7 years to the complainant. Complainant has agreed with the condition that he should get back the doubled amount after 7 years. So the opposite parties have not issued the pass book; and agreed that they shall pay back a sum of Rs.30,000/-. On August 2006 the complainant enquired about the deposit. But he has not obtained any positive information from the opposite parties, and not obtained the deposited amount. Hence the complainant before the Forum seeking relief. 2. Notice was issued to opposite parties; and they accepted the notices; 2nd opposite party entered appearance and filed version. 1st opposite party was set exparte by the Forum after taking his continuous absence. 3. Complainant produced one document, in evidence marked as Ext.A1 - photo copy of the cash receipt No.1742/ dt.5.8.99 for Rs.15000/- issued by the opposite party SNDP Sakhayogam No.261, Kizhakkekara Vadakku, Valiaparambu P.O., in favour of the complainant. 3. In the version of the 2nd opposite party, it was stated that the matter will not come within the purview of Consumer Protection Act; since it is only an alleged money transaction between parties. It is further stated that Ext.A1 is only a receipt and it does not shows that Rs.15,000/- deposited in the saka yogam for a period of 7 years; and it is not a deposit certificate. The receipt is silent with regard to the term of deposit and date of maturity; and denied the issue of such certificate to the complainant by the 2nd opposite party. The version further shows that the general body of the SNDP Branch has not taken any decision to receive deposit from the public. 4. Considering the rival contentions of the parties, this Forum raised the issues:- (1) whether there is deficiency of service on the part of the opposite parties and (2) compensation and costs. 5. Complainant was cross examined by the 2nd opposite party while in cross examination the complainant has admitted that he had entrusted the money with the Secretary Sri. Dinamony. He expired within 6 months after the receipt of the deposited amount. We have perused the complaint, affidavit, objection of the 2nd opposite party and heard the matter in detail. On a perusal of the Ext.A1 it can be seen that it is not the real fixed deposit receipt for Rs.15000/-. The receipt is silent with regard to the period of deposit, rate of interest, date of maturity and other conditions and not mentioned whether it is Fixed Deposit Receipt. This cannot be treated as a fixed deposit receipt and cannot be taken into evidence. Since the complainant has not adduced any valuable evidence to show that he has actually deposited an amount of Rs.15000/- with the opposite party. The contentions cannot be taken into account for assessing any deficiency in service on the part of the opposite parties. All the contentions raised by the complainant lacks, bona fides and have no merit and he is not entitled to get any relief. In this circumstances, we are of the view that there is no deficiency in service on the part of the opposite party and the complaint is to be dismissed. In the result, we dismissed the complaint. No order as to costs. Complaint dismissed. Pronounced in open Forum on this the 30th day of May, 2008. Sd/- SRI. K. ANIRUDHAN: Sd/- SRI. JIMMY KORAH: Sd/-SMT. N. SHAJITHA BEEVI: APPENDIX:- PW1 - Suseelan (Witness) Ext.A1 - Receipt for Rs.15,000/- Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Oppo.parties/S.F. Typed by:-pr/- Compared by:-
