KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 82/08 JUDGMENT DATED: 24.9.09 Appeal filed against the order passed by CDRF, Alappuzha in CC.79/06 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER The Secretary, : APPELLANT Pullikkanakku Service Co-operative Bank Ltd. No.781, Pullikkanakku.P.O., Kayamkulam. (By Adv.Cherunniyoor P.Sasidharan Naiar) vs. T.S.Anitha, : RESPONDENT Chempakasseril, Changankulangara, Oachira.P.O., Kollam District. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party Service Co-operative bank that is under orders to refund the fixed deposit amount of Rs.25000/- with interest at 14% from 13.9.99 and also Rs.25000/-as compensation and cost of Rs.2000/-. 2. The case of the complainant is that on 13.9.99 the complainant deposited a sum of Rs.25000/- for 61 months with interest rate at 14%. Fixed Deposit receipt has been produced. The amount has not been paid back. The amount is due on 13.10.04. It is the contention of the opposite party that the complainant has arised a loan of Rs.15000/- on the above fixed deposit and that the loan amount has not been paid. Hence the opposite party has a lein over the deposit amount. 3. The evidence adduced consisted of the testimony of RWs 1 to 4; Exts.A1 to A3 and B1 to B3. 4. It was brought out in evidence there is a criminal case pending against the bank authorities alleging forgery. It is seen that in Ext.P1 original Fixed deposit receipt there is no endorsement with respect to the alleged loan of Rs.15000/-. The complainant has totally denied the same. Only in Ext.B1 photocopy of the fixed deposit receipt there is an unsigned endorsement with respect his loan of Rs.15000/- No documents have been produced with respect to the loan sanctioned on the fixed deposit. Hence we find that there is no illegality in the order of the Forum. 5. All the same we find that the Forum has ordered the compensation of Rs.25000/- which is not call for. In the circumstance the above direction to pay compensation is set aside. The direction to pay interest at 18% after the date of maturity ie on 13.10.04 is also reduced to 12%. The rest of the order of the Forum is sustained. 6. In the result the appeal is allowed in part as above. The opposite party/appellant would make the payment within 3 months from the date of receipt of this order failing which the appellants would be liable to pay interest at 15% on the amount due at the time of maturity of the loan from the date of this order. LCR will be returned to the Forum. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER ps
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