Date of filing : 25-04-2011
Date of order : 10-06-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.92/2011
Dated this, the 10th day of June 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
P.Usha Devi,
D/o.Narayana Rao, } Complainant
R/at Alakode, Po.Pakkam,
Pallikkara, Hosdurg Taluk
(Adv.P.Narayanan Nair, Hosdurg)
The Kasaragod Co-operative Marketing and } Opposite party
Processing Society Ltd. Represented by its
Secretary,Vidyanagar, Kasaragod.Po.Vidyanagar.
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The complainant is divorced by her husband several years back and she and her son Krishna Prajna Rao are maintained by her aged father P. Narayana Rao and are residing along with him. The complainant is a member of opposite party and is having a running account bearing No. 549 with opposite party. The complainant has been running the above account with the help of her father and used to deposit her small earnings in the account. The complainant’s son got admission to the B-Tech Course in the College of Engineering, Trikaripur during the Academic year 2010-2011 and for his educational purposes and other expenses she needed a sum of `2,00,000/- (` two lakhs) during the month of July and for withdrawing the said amount, she along with her father went to opposite party with signed cheque leaf and pass book. Even though the complainant requested and demanded the money it was refused. She went several times with a request to pay the amount. Further she sent registered letter dated 19-07-2010 and 25-02-2011 requesting to inform a convenient date to withdraw the entire amount due to the complainant. But no reply was sent by opposite party. Finally on 2-4-2011 complainant along with her father personally went to opposite party and demanded the money. The staff of opposite party entered up to date interest accrued in the pass book and represented that due to shortage of money, they are not able to pay the money due to the complainant. Hence the complaint alleging deficiency in service on the part of opposite party.
2. Notice issued to opposite party but they did not turn up. Hence opposite party had to be set exparte.
3. Complainant filed Affidavit in lieu of chief examination in support of her case. Passbook of the complainant bearing A/c No.549 issued by opposite party is marked as Ext.A1. Ext.A2 is the office copy of the letter sent to the opposite party by the complainant. Ext.A3 postal acknowledgement receipt. Ext.A4 office copy of the letter sent to opposite party by the complainant. Counsel for complainant heard and documents perused.
4. Complainant a divorced lady residing with her aged father tried to withdraw 2 lakh rupees for the educational expenses of her son from her SB Account lying with opposite party. The complainant complied all the formalities. She had even sent registered notices twice. Since the money was not paid to her, she borrowed money from private money lenders by paying huge interest. Due to lack of service and deficiency of service on the part of opposite party complainant suffered mental agony and distress. Hence she is entitled to get damages as stated in the complaint.
Therefore the complaint is allowed and opposite party is directed to refund `3, 75,082/- with interest @ 9% from 31-03-2011 till the date of payment with a cost of `3,000/- and a compensation of `25,000/-. Failing which opposite party shall be further liable to pay interest @ 12% for `3,75,082/- from the date of complaint.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. A/c.No.549 Pass book issued by OP.
A2. Postal receipt
A3. 25-2-2011 letter sent by complainant to OP.
A4.19-07-2010 letter sent by complainant to OP.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/
Forwarded by Order
SENIOR SUPERINTENDENT
