ORDER SMT. N. SHAJITHA BEEVI (MEMBER) Sri. Mohanakumaran Pillai has filed this complaint before the forum alleging deficiency in service on the part of the opposite parties. The contentions of the complainant are as follows:- He had deposited a sum of Rs.1,20,000/- (Rupees one lakh and twenty thousand only) on different dates with the opposite parties. At the time of deposit, the opposite parties had agreed to pay the interest at the rate of 18% per annum. The opposite parties have neither pay the interest nor the principal amount after 18.01.2007. He had requested the opposite parties to return the principal amount and its agreed rate of interest due. But the opposite parties have not taken any earnest steps to give back the deposited amount together with interest. Hence this complaint to get back the deposited amount, its interest together with compensation and cost for the gross negligence and for deficiency in service on the part of the opposite parties. 2. Notice was issued to the opposite parties. They were not appeared before this Forum. Hence opposite parties were set exparte. 3. Considering the contentions of the complainant, this Forum has raised the issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) 2) Compensation and Costs. 3. Issue Nos. 1 and 2:- The complainant filed proof affidavit in support of his claim and produced, document in evidence. Ext.A1 and A2 marked – Exts.A1 and A2 are the original pass books issued by the opposite parties at the time of depositing the amount. It shows that the pass books issued to the complainant after noting the deposited amount and the details of the interest paid. The pass book shows that the opposite parties had paid interest till 18.01.2007. 4. On a careful reading of the entire matter of this case, it can be seen that the opposite parties have received the deposit amount from the complainant and paid interest up to 18.01.2007. The opposite parties have not taken any sincere attempt to repay the principal amount and its interest in spite of repeated requests of the complainant. By way of denial of the repayment of the deposited amount with interest, the opposite parties have committed gross negligence and it will amount to cheating. The actions on the part of the opposite parties are highly illegal, arbitrary and unauthorized. The opposite parties are bound to repay the amount in time to the complainant. Any kind of deviation to repay the amount will be counted for willful short coming on the part of the opposite parties and the contentions raised by the complainant are genuine; and that the complainant is entitled to get compensation for the mental agony, loss, in convenience and costs from the opposite parties. The issues are found in favour of the complainant. Considering the whole aspects of this case, we are of the strong view that the complaint is to be allowed. In the result, we hereby direct the opposite parties return the amount of Rs.1,20,000/- (Rupees Rupees one lakh and twenty thousand only) to the complainant with 18% interest for the said amount from 18.01.2007 till the repayment of the amount and to pay a sum of Rs.5,000/- (Rupees five thousand only) for the mental agony, loss and inconvenience of the complainant together with a cost of Rs.2,000/- (Rupees two thousand only) for this proceedings. We further direct the opposite parties to pay the said amount to the complainant within 30 days form the date of receipt of this order. Complaint allowed. Pronounced in Open Forum, on this the 30th day of June, 2010. Sd/- Smt. N. Shajitha Beevi Sd/- Sri. Jimmy Korah Sd/- Sri. K.Anirudhan: Appendix:- Evidence of the complainant:- Ext.A1 & A2 - Original Pass books Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/S.F. Typed by:- pr/- Compared by:- | 
