By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
Opposite party approached the complainant for depositing money as fixeddeposit in Kondotty Vanitha Sahakarana Sangam where opposite party was thepresident. Opposite party had offered 8.5% interest per year on the amount which will be deposited by complainant. As per the offer given by the opposite party, on 11/07/2019 complainant had deposited Rs 1,50,000/- for one year and opposite party assured 8.5% interest for the above amount deposited by complainant. Opposite party had provided a receipt to complainant for the above deposit of complainant.
2. Complainant had deposited Rs. 1,50,000/- 0n 11/07/2019 and the above amount got matured on 11/07/2020. Then complainant approached opposite party to get back the money deposited with interest, but opposite party did not give the money. Thereafter complainant approached opposite party so many times for withdrawing money, but opposite party was reluctant to return the amount with interest to complainant as assured by them. Complainant has every right to get back the money from opposite party with interest. The act of opposite party is a clear deficiency of service from their side. Hence this complaint. Complainant again stated that there is a clear deficiency in service and unfair trade practice from the side of opposite party. The act of opposite party caused suffered mental agony and hard ship to complainant.
3. Prayer of the complainant is that he is entitled to get Rs. 1,50,000/- with 8.5% interest from 11/07/2019 to 11/07/2020, Rs.50,000/- as compensation for the deficiency of service and unfair trade practice from the side of opposite party which leads mental agony and hardship to complainant and Rs. 10,000/- as cost of the proceedings.
4. On admission of the complaint, notice was issued to the opposite party on the
official address but opposite party did not receive the notice. Thereafter complainant filed one IA to amend the cause title and send notice in the correct address. As per IA 536/2022, amend the cause title of the complaint and Commission send notice in the fresh address filed by complainant. Then she received notice but she did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and he produced one document which is marked as Ext. A1. Ext.A1 is the copy of fixed deposit receipt dated 11/07/2019.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced one document, the fixed deposit receipt which is very supportive to prove his case. As per that document, complainant is entitled to get Rs. 1,50,000/- with 8.5% interest from 11/07/2019 to 11/07/2020. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. We allow this complaint as follows:-
- The opposite party is directed to give Rs. 1,50,000/-(Rupees One lakh fifty thousand only) with 8.5% interest from 11/07/2019 to 11/07/2020 to complainant.
- The opposite party is also directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.2,000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 19th day of December, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Copy of fixed deposit receipt dated 11/07/2019.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
