D.O.F:07/10/2022
D.O.O:20/10/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.249/2022
Dated this, the 20th day of October 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Kunhikrishnan Nair P, aged 66 years
S/o Late, Kunhikannan Nair K.
Beembunkal, Karuvadakam Post.
Via: Chengala, Kasaragod Taluk.
(Adv: P. Narayanan Nair) : Complainant
And
- The Kasaragod District Co-operative
Rubber Marketing Society Limited
No. C.325, represented by its
Present President Manoj Thomas,
Chittarikal P O, Vellarikund Taluk,
Kasaragod Dist. 671326.
- The Depot Manager Sri Sunny O.C.
Kasaragod District Co-operative
Rubber Marketing Society Limited,
Malakkallu Depot, Malakkallu Post.
Via: Rajapuram.
(Adv: Thomas Smith A.S, for OP1&2) : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case is as follows.
The opposite party No.1 is a society, has been getting fixed deposits from customers and the complainant deposited a sum of Rs.75,000/- on 27/07/2013 through its Malakkallu depot for a period of 181 days. The interest is fixed at the rate of 9.75% per annum and the due date for the disbursement of the amount with interest was 24/01/2014. After maturity of the deposit, the total amount was again renewed for a period of one year with interest at the rate of 10.75% per annum. There after the deposit with interest was again renewed many times for higher interest rate but so far the amount is not disbursed. The complainant approached opposite parties several times for the amount due or to renew the deposit or to withdraw the interest accrued on the FD, but the opposite parties evaded from the payment. The opposite parties stated that they are not able to pay the amount due to the financial difficulties. The complainant filed a petition before Legal Services Authority, even though notice was served, opposite parties remained absent and hence no relief is served to the complainant. Now the complainant came to know that opposite parties willfully cheated him and other customers and alleging deficiency in service on the part of opposite parties in connection with non-refunding of FD amount. Due to the act of opposite parties, the complainant had undergone severe mental agony and monitory loss. So, the complainant is seeking damages to the tune of Rs.1,00,000/- along with cost of this proceedings with the amount due as per the FD.
Even though Vakalath is filed on behalf of opposite parties, version is not filed in time. After five months, opposite party No. 1 & 2 filed IA 66/2023 to receive version with delay condonation petition. IA was heard and dismissed.
The complainant filed proof affidavit in lieu of chief examination. Ext. A1 and A2 marked. Ext.A1 is the FD receipt dated 27/07/2013 for a period of 181 days. Ext.A2 is the interest of the FD amount at the rate of 9% for one year dated 23/01/2020. The questions raised before the commission are;
- Whether there is any deficiency in service on the part of opposite parties in not disbursing the FD amount to the complainant so far?
- Whether the complainant entitled for relief?
- If so, what is the relief?
For convenience, issue No. 1 to 3 can be discussed together. The complainant deposited an amount of Rs.75,000/- with opposite party on 27/07/2013 through Malakkallu depot for a period of 181 days and fixed the rate of interest at the rate of 9.75% per annum. The complainant produced Ext.A1, FD receipt to prove his deposit with opposite party. On maturity of the deposit, when the complainant approached opposite parties, the depot manager requested him to renew the total amount for one year and offered interest at the rate of 10.75%. Thereafter also, the FD amount with interest was renewed many times due to the request of the depot manager. The complainant approached opposite parties several times after 23/01/2020 to withdraw the total amount. According to the complainant the opposite parties are liable to pay a sum of Rs.1,31,625.65/- with interest at the rate of 8.5% per annum from 24/01/2020. When the complainant approached opposite parties on 31/05/2022 for the amount, opposite parties informed that they are not able to pay the amount due to financial difficulties. Hence the complainant filed a petition before legal services authorities, even though notice was served opposite parties remained absent. Hence the complainant approached this Commission. The complainant is alleging deficiency in service and cheating on the part of opposite parties. Due to the illegal act of opposite parties, the complainant had undergone untold miseries and financial loss. In the absence of rebuttal evidence, there is gross negligence and deficiency in service on the part of opposite parties. Ext.A1 and A2 proves the case of the complainant. The complainant is entitled for relief. The complainant is seeking deposited FD amount with accrued interest along with Rs.1,00,00/- as damages with cost of this proceedings. The damages claimed by the complainant is excessive and without any basis. Hence, this commission holds that an amount of Rs.50,000/- is a reasonable damage in this case.
In the result, complaint is allowed directing opposite parties to refund Rs.1,31,625.65/- (Rupees One lakh Thirty One thousand Six hundred and Twenty Five and Sixty Five paisa) with 8.5% interest from 24/01/2020 till disbursement with Rs.50,000/- (Rupees Fifty thousand only) as damages and Rs.5,000/- (Rupees Five thousand only) as cost within 30 days of copy of receipt this order. The opposite parties 1 & 2 are jointly and severally liable to pay the ordered amount.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Fixed Deposit Receipt dated 27/07/2013
A2 – Receipt dated 23/01/2020
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
