SRI. K. ANIRUDHAN (MEMBER) The brief facts of the contentions of the complainants are as follows:- In March, 2006 the opposite parties contacted them and given assurance of their trust in payment of attractive dividend /interest of deposits. As per the assurance of the opposite parties 2 to 4, the first among them had deposited a sum of Rs.50,000/- on 22.5.2006 vide Pass book No.1086 and thereafter he deposited a sum of Rs.2,50,000/- on 4.10.2006 vide Pass book No.1448. The second among them had deposited a sum of Rs.50,000/- on 26.6.2006 vide Pass book No.B/1225. The agreed rate of interest was 24% per annum payable monthly. First among them had obtained interest from 26.6.2006 till 26.3.2007 for Rs.50,000/- and obtained interest till 4.4.2007 for Rs.2.5 lakh amounts. The second had obtained interest for Rs.50,000/- till 26.3.2002. The opposite parties had not paid any interest after the above said periods. Since there is default of interest, they had requested the opposite parties to return the principal amounts with interest. In spite of several requests, the opposite parties have not cared to return the amounts to them. Hence this complaint seeking for a direction to the opposite parties to return the amounts with interest, compensation and costs. 2. Notices were issued to the opposite parties. They have not entered appearance before this Forum. Considering their absence, the opposite parties were set exparte by this Forum on 9.2.2009. 3. Considering the allegations 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) Whether the complainants are entitled to get back the deposited amounts? 3) Compensation and costs. 4. Issues 1 to 3:- The complainants have filed proof affidavit in support of their case and produced documents in evidence – Exts.A1 to A6 marked. Ext.A1 is the original fixed deposit receipt dt. 22.5.2006 for Rs.50,000/- issued in favour of the first complainant by the opposite party. Ext.A2 is the Pass book issued to the complainant for the said amount of Rs.50,000/-. The book issued after sealed and signed. It shows the payment of interest. Ext.A3 is the original fixed deposit receipt dt.4.10.06 for Rs.2,50,000/- issued in favour of the first complainant by the opposite parties. Ext.A4 is the Pass book issued to the first complainant showing the deposit amount of Rs.2,50.000/-. It was sealed and signed. It shows the payment of interest. Ext.A5 is the original fixed deposit receipt for the sum of Rs.50,000/- vide dt. 26.6.2006 issued to the second complainant. Ext.A6 is the Pass book issued for the said amount which shows the payment of interest to the second complainant. 5. On a detailed perusal of the entire matter of this case, and after a verification of the documents produced by the complainants, it can be seen that on the basis of the assurance given by the opposite parties, the complainants deposited the amounts before the opposite parties. The opposite parties had given interest for the said amounts on different dates. They had given original Pass books, at the time of deposits together with the fixed deposit receipts to the complainants after signed the same. Since there was delay for payment of interest, the complainants requested to return the principal amounts as per the details of amounts noted in the Pass books. But the opposite parties have not taken any sincere effort for payment of the deposited amounts. By the denial of repayment of the amounts to the complainants in time, the opposite parties have committed deficiency in service and negligence. It is to be further noticed that the opposite parties have not cared to appear before this Forum, for explaining the reasons for the delay in repayment of the said deposited amounts to the complainants, which was deposited on the basis of the assurance of the opposite parties. This shows the irresponsible attitude of the opposite parties in dealing with this matter. They are jointly and severally liable to pay the amounts to the complainants. There is no justification on the part of the opposite parties in retaining the deposited amounts with them, without repayment. The complainants are fully entitled to get back the whole deposited amounts with agreed rate of interest. Since there was denial of repayment of amounts to the complainants in time by the opposite parties, they are liable to pay compensation and cots to the complainants. The whole actions of the opposite parties are highly illegal and arbitrary. The allegations raised by the complainants are to be treated as genuine and so, the complaint is to be allowed. In this context, we are of the view that the relief claimed by the complainants are to be allowed. All the issues are found in favour of the complainants. In the result, we hereby direct the opposite parties to return the principal amounts of Rs.3,50,000/- (Rupees three lakhs and fifty thousand only) together with the interest for 20 months having Rs.1,40,00/- (Rupees one lakh and forty thousand only) (total Ea.4,90,000/-) to the complainants and pay interest at the rate of 24% per annum from the date of filing of this petition, till the date of realization of the entire amounts and pay an amount of Rs.10,000/- (Rupees ten thousand only) to the complainants for their mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence committed by the opposite parties by way of denial of repayment of the deposited amounts and its interest, and pay a cost of Rs.2000/- (Rupees two thousand only) for this proceedings. We further direct the opposite parties to comply this order within 30 days from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 30th day of April, 2009. Sd/- Sri. K. Anirudhan: Sd/- Sri. Jimmy Korah: Sd/- Smt.N.Shajitha Beevi: Appendix:- Evidence of the complainant:- Ext.A1 : Original fixed deposit receipt dt. 22.5.06 for Rs.50,000/- Ext.A2 : Pass book issued to the complainant for the said amount. Ext.A3 : Original fixed deposit receipt dtd.4.10.06 for Rs. 2,50,000/- Ext.A4 : Pass book issued to the complainant for the said amount. Ext.A5 : Original fixed deposit receipt dt. 26.6.06 for Rs. 50,000/- Ext.A6 : Pass book issued to the complainant for the said amount. Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Oppo.parties/S.F. Typed by:-pr/- Compared by:- | 
