Advocate for the OP pre-pone the case and submits that OP is already submitted DD along with Memo and prayed to dismiss the case.
The Complainant and Complainant advocate present and filed a Memo stating that Complainant ready to receive the D.D. under protest since OP had harass them mentally, and after filing of this Complaint only they came forward to pay the amount. Hence, prayed for order on cost and interest.
Heard both the sides, after perusing the documents on record which has been produced by the Complainant, it speaks that the Complainant’s husband had paid an amount to the OP in the year 2002. But, unfortunately meanwhile Complainant’s husband was died. Hence, Complainant made an Application to the OP in the year 2012 to refund the amount paid by her husband. OP correspond so many letters stating that they had already paid the amount, but they are not paid the amount.
After perusing the record on file, Complainant paid the mount of Rs.27,962/-. Hence, Forum come to the conclusion that OP made deficiency in service since Complainant is liable for interest on paid amount of Rs.27,962/- and compensation. Hence, OP is liable to pay interest @ 9% p.a. on Rs.27,962/- from the date of letter given by the Complainant i.e. on 12.06.2012 to till realization and Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of litigation. OP is directed to comply this order within a period of one month, failing which Complainant is liable interest @ 12% p.a. on Rs.27,962/- to till realization.