By Smt. Padmini Sudheesh, President:
The case of complainant is that the respondent requested the complainant to deposit amount with the respondent society and as per the request the complainant deposited Rs.1,00,000/- on 20.6.07. The amount was deposited by Rs.50,000/- each. The due date of each deposits was 25.7.2008. The amount is not returned so far. Hence the complaint.
2. The 1st respondent filed counter to the effect that the dispute should be considered by the arbitrator. There is no consumer relationship between the complainant and respondents. Hence dismiss.
3. The other respondents remained exparte.
4. The points for consideration are that:
(1) Whether the complainant is entitled to get back the
deposited amount?
(2) Other reliefs and costs.
5. The evidence adduced consists of Ext. P1 only.
6. Points: Ext. P1 is the deposit receipt for Rs.50,000/- which was deposited on 20.6.07. As per Ext. P1 the amount with interest should be returned on 25.7.08. But it is the case that the amount is returned. The complainant filed proof affidavit in support of his claim. The respondents submitted no cross. No evidence also adduced by respondents.
7. It is the case of complainant that there were two deposits made by him for Rs.50,000/- each. But only one deposit receipt is produced and marked as Ext. P1. The other deposit receipt is not produced. But the complainant produced photostat copy of other deposit receipt also. The respondents have no case that the amount has returned to complainant. The only contention is with regard to arbitration. So the complainant is entitled to get Rs.1,00,000/- with the agreed rate of interest.
8. In the result the complaint is allowed and the respondents are directed to return Rs.1,00,000/- (Rupees one lakh only) with interest at the rate of 9.6% per annum from the date of deposit till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17th day of April 2012.
