By Sri.P.K.Sasi, President
The case of the complainant is that she has deposited Rs.50,000/- with the opposite party as kuri security deposit vide Receipt No.030. A charge was created by the opposite party on the deposit receipt. During the kuri transaction unfortunately the complainant became a defaulter and the opposite party filed four civil suits against the complainant based on the kuri. The suits were decreed in favour of the opposite party for a total amount of Rs.80,000/-. After the decree of the civil suits the complainant demanded the opposite party to return the balance amount of the deposits after deducting the decreed amount. Whereas, the opposite party was not amenable for that. Hence a lawyer notice was issued on 28/03/16. Even after accepting the notice the opposite parties neither sent any reply nor acted as per the notice. The acts of the opposite parties keeping the entire deposit amount with them without returning to the complainant amounts to deficiency in service on their part. Hence this complaint is filed for getting relief.
2) Being noticed on the complaint the opposite party entered appearance thorough counsel and filed detailed version. It is admitted by the opposite party that the complainant and her husband had deposited Rs.2,00,000/- with the opposite party and they are ready to return that amount also. It is also admitted by the opposite party that the complainant defaulted some installments of the chitty and they have forced to file civil suits which was decreed in favour of them. According to the opposite party they have issued a letter to the complainant to come and settle the matter after returning the decreed amount, whereas, the complainant was not amenable for that. She has not approached the opposite party so far. The opposite party further stated that they are not liable to pay any interest to the deposits after the maturity date of the deposits. They further submitted that they have not committed any sort of deficiency in service towards the complainant and prayed for the dismissal of the complaint with cost.
3) Then the case was posted for evidence and the points for consideration was that
a) Whether there was any deficiency in service
happened on the part of opposite party ?
b) If so, what cost and relief ?
4) From the side of complainant she has appeared before the Forum and submitted proof affidavit in which she has affirmed and explained all the averments stated in the complaint in detail. She also produced one document which is marked as Ext. P1. Ext. P1 (SP) copy of deposit receipt No.030
5) Neither any counter proof affidavit filed nor any documents produced from the side of opposite party. Hence we heard the learned counsel for the complainant in detail. We have gone through the contents of affidavits filed and perused the documents produced from the side of complainant. It is submitted that the originals of deposit receipt is with the opposite party since charge was created on that receipt. It is admitted by both parties that there was some dues caused from the side of complainant and that was decreed by the civil court. The details regarding decree amount is not produced before us. The opposite party contented that they have asked the complainant to take back the deposit receipt after settling the decree amount but that was not done by the complainant. Hence they are not entitled to pay any interest to the deposit. To prove that the burden is upon the opposite party to produce concerned documents like copy of intimation sent to the complainant. Nothing produced from the side of opposite party. Considering the points discussed hereinabove we are of the opinion that the opposite party has committed deficiency in service by without returning the deposit amount after deducting the decreed amount. The opposite party is not entitled to deduct any future interest for the decreed amount from the deposited amount since that amount was with them.
In the result, we allow this complaint and the opposite party is directed to return the balance amount, after deducting the actual decreed amount, with 9% interest from the date of complaint to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 9% interest till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of June 2017.
