By Smt. Padmini Sudheesh, President: <br /> <br /> The case of the complainant is that he had deposited Rs.45,000/- on 20.9.01 and Rs.30,000/- on 25.6.02 at the rate of 12% interest in the respondent society. He had received interest upto 27.7.02. After that no interest was given. Hence demanded principal amount but not given. He had a kuri in the respondent society and had remitted Rs.2000/- per month for 36 instalments. After that the society hesitated to accept the kuri amount. The remitted amount not returned. Hence this complaint. <br /> <br /> 2. First respondent filed counter to the effect that he was only a bill collector in the society and never a president.<br /> <br /> 3. 2nd respondent stated in his counter that he was only an honorary Secretary of the society. He has not any connection with the monetary transactions. <br /> <br /> 4. 3rd respondent stated in his counter that he is not aware that on what basis he is made a party in the complaint. Hence dismiss the complaint.<br /> <br /> 5. The points for consideration are: -<br /> (1) Is there any deficiency in service?<br /> (2) If so, reliefs and costs. <br /> <br /> 6. There is no oral or documentary evidence.<br /> <br /> 7. Point No.1: The definite case of the complainant is that he had deposited Rs.75,000/- as fixed deposit and Rs.74,000/- as kuri amount. He has not produced any document to establish it. But in the separate versions filed by the three respondents there is no denial of the transactions. The respondents-2 and 3 tried to escape by stating that they were only employees of the society. But the transaction not denied. They are unaware of the monetary transaction. It doesn’t mean that there was no such transaction. 2nd respondent admitted that he was only an honorary secretary and not indulged in money business. He also not denied the transactions. Hence we are in the view that there were the transactions and the respondents are liable for that. There was deficiency in service on the part of respondents. Hence the complainant is entitled for the amount sought. <br /> <br /> 8. In the result, the complaint is allowed and respondents are directed to return the amount deposited as fixed deposit with interest at the rate of 12% per annum from the date of complaint and also directed to return Rs.74,000/- (Rupees seventy-four thousand only) with interest at the rate of 12% per annum from the date of complaint till realization. No order as to costs and compensation.<br /> <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 18th day of August 2008.<br />