ORDER SMT. N. SHAJITHA BEEVI (MEMBER) Sri. Gopinadhan 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.2,00,000/- on 20.07.2002 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 paid interest till 20.4.2006. Thereafter the opposite parties defaulted to pay the interest, he 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. 2. Notice was issued to the opposite parties. They were appeared before this Forum and filed version with untenable contentions. In the version of opposite parties that the complainant voluntarily deposited the amount with the first opposite party. The first opposite party did not offer interest at the rate of 18% per annum. The opposite parties 2 and 3 have no personal liability to pay any amount to the complainant. 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. 4. 4. Issue Nos. 1 and 2:- The complainant filed proof affidavit in support of his claim and produced document in evidence. Ext.A1 marked – Exts.A1 is the original pass book issued by the opposite parties at the time of depositing the amount. It shows that the pass book 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 20.4.2006. 5. 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 20.4.2006. 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 to return the amount of Rs.2,00,000/- (Rupees two lakhs only) to the complainant with 18% interest for the said amount from 20.04.2006 till the repayment of the entire amount and to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation for the mental agony, loss and inconvenience of the complainant together with a cost of Rs.1,000/- (Rupees one 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 23rd day of October, 2009. Sd/- Smt. N. Shajitha Beevi Sd/- Sri. Jimmy Korah Sd/- Sri. K.Anirudhan: Appendix:- Evidence of the complainant:- Ext.A1 - Original Pass book Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/S.F. Typed by:- pr/- Compared by:- | 
