BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> <br /> O.P.No. 316/2002 Filed on 22.07.2002<br /> Dated : 16.08.2008<br /> <br /> Complainant:<br /> <br /> 1.S.S. Swamidas, Sree Rangam, Chaithanya Nagar, Karimanal P.O, Kulathoor, Thiruvananthapuram.<br /> <br /> Additional complainant:<br /> <br /> 2.Sreejith Swamy, S/o Swamidas, Sree Rangam, Chaithanya Nagar, Karimanal P.O, Kulathoor, Thiruvananthapuram.<br /> <br /> (By adv. J. Robinson)<br /> <br /> Opposite party:<br /> <br /> The Manager, Kerala State Financial Enterprises, Sreekariyam Branch, Thiruvananthapuram.<br /> <br /> (By adv. P.K. Venugopal)<br /> <br /> This O.P having been heard on 30.07.2008, the Forum on 16.08.2008 delivered the following: <br /> <br /> <br /> <br /> ORDER <br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The facts of the case are as follows: The 2nd complainant is a subscriber of K.S.F.E chitty No. 52/96/A/38 with Sreekariyam Branch on monthly remittance of Rs. 1000/- for 100 months making the sala Rs. 1,00,000/-. It was prized in 1996 for Rs. 70000/-. Same amount was deposited with K.S.F.E Sreekariyam Branch in his name vide F.D No. 123/722/96 dated 26th December 1996 and the same was pledged as security for the chitty. The period of deposit is 5 years which is the maximum and the same matured on 26th December 2001. The remaining liability is Rs. 30000/-. Due to the urgent need of their relatives daughter's marriage offered another F.D certificate No. 22600 dated 11.01.2001 issued by the Govt. Secretariat staff Co-operative Society as security. The opposite party forwarded the same to the society for noting the lein, by speed post on 28th January 2002. Later it was informed that the same was lost. This was a shocking news for them and they were unable to arrange anything due to the indefinite strike declared by the employees with effect from 6th February 2002. On intimation from the opposite party on 04.02.2002 the 1st complainant had contacted the Director Board Members of the society for arranging a duplicate certificate. They pleaded their difficulty that there is no provision existing in the society to issue duplicate certificate in lieu of the lost one, but the F.D would be fully protected to safe guard the interest of the investor. In this difficult situation they insisted for new security and the complainant was forced for premature closing of the deposit. The fixed deposit was for a period of 5 years and the rate of interest was 14.5%. On premature closing they will allow only 6% interest. On re-deposit he will be getting only 11% interest because interest rate was reduced by the society. This loss is caused due to the deficiency in service of K.S.F.E. The complainant also alleges that one more chitty is being subscribed with K.S.F.E in the name of 1st complainant. For achieving the same there is no security offer because of the loss of the F.D certificate due to the negligence of the K.S.F.E authorities. Hence the complainants filed this complaint before this Forum to get Rs. 16472.50 from the opposite party as their actual loss due to the missing of the original F.D receipt and also claim Rs. 5000/- as compensation for the loss and damages, inconvenience, mental shock caused due to the illegal act of the opposite party. <br /> In this case the opposite party, the Manager, K.S.F.E Sreekariyam Branch has filed version. As per the opposite party the complaint is not maintainable because of non-joinder of necessary parties and also they contended that the dispute is not a consumer dispute and complainant is not a consumer at all. The opposite party admitted the transaction of the case and they stated that only on 04.02.2002 the 2nd complainant submitted F.D receipt for Rs. 40000/- of the Govt. Secretariat Staff Co-operative Society and received the F.D receipt of Rs. 70000/- on 05.12.2002. There was no undue delay caused in releasing the F.D amount. The head office of the opposite party has intimated the 2nd complainant that the company shall pay interest to the F.D amount for a period from 21.01.2002 to 05.02.2002 at the rate applicable to the Sugama deposit scheme of the opposite party. Complainant has also intimated the opposite party that they have no complaint on the missing of the F.D receipt transit by postal department. The opposite party also denied the statement of the complainant that they had ensued a great financial loss on premature closing. As per the opposite party there is no negligence or deficiency in service on their part. <br /> Points to be considered:<br /> (i)Whether there is deficiency in service from the part of opposite party?<br /> (ii)Whether the complainant is entitled to get the reliefs and costs?<br /> In this case the 1st complainant has filed affidavit for and on behalf of 2nd complainant also. From the complainant's side produced 9 documents which were marked as Exts. P1 to P9. The opposite party also has filed proof affidavit and produced 6 documents which were marked as Exts. D1 to D6 and also was examined as DW1 and the complainant has cross-examined the opposite party. The complainant had all the documents to prove the transactions. Ext.P1 is the copy of letter issued by the opposite party to the President, Govt. Secretariat Staff Co-operative Society. Through this letter we have understood that the opposite party had sent the F.D certificate to the Govt. Secretariat Staff Co-operative Society. Ext. P2 is the copy of letter dated 29.04.2002 to the K.S.F.E issued by 2nd complainant requesting to settle the matter as early as possible. Ext. P3 is the letter dated 03.05.2002 issued by the Govt. Secretariat Staff Co-operative Society to the 1st complainant informed that there is no provision to issue a duplicate certificate. Ext. P4 is the letter issued by the opposite party to the 2nd complainant dated 17.05.2002 informing that the opposite party shall pay Sugama interest rate on the amount as the amount remained with them. Ext. P5 is the copy of letter issued by the postal department to the opposite party informing that compensation for the non-delivery of the article was sanctioned. Ext. P6 is the copy of letter dated 08.03.2002 sent by the 2nd complainant to the opposite party demanding immediate action. Ext. P7 is the copy of marriage register from Akhila Kerala Deevara Sabha. Ext. P8 is the letter issued by one S. Manoharan. The contents of the letter is that the 1st complainant had agreed to give financial help for his daughter's marriage. Ext. P9 is the letter dated 21.02.2006 issued by the Secretary, Govt. Secretariat Staff Co-operative Society Ltd stating that they have no communication from the K.S.F.E. From the opposite party's side produced Exts. D1 to D6 documents. Ext. D1 is the same as Ext. P1. Ext. D2 is the letter dated 14.02.2002 sent by the postal department to the opposite party informed that the President of the Society has informed that they are ready to issue a duplicate certificate if Sri. Swamidas gives a written request intimating that the original one is lost. But Swamidas is not willing to give such a request. Ext. D3 is the copy of letter issued by the society to the 1st complainant. Ext. D4 is the reply letter sent by postal department to the 2nd complainant asking to pay eligible compensation to the sender of SPA. Ext. D5 is the copy of letter issued by the postal department to the opposite party. Ext. D6 is the copy of chalan remittance dated 31.05.2002 of K.S.F.E. <br /> In this case from the documents produced by complainants and opposite party we are inclined to believe that there is no negligence from the part of opposite party for the non-delivery of F.D certificate to the society. Due to the negligence of the postal department the F.D certificate was lost. In this case the postal department is not made a party. From their documents the postal department admitted their fault and they were ready to compensate their fault. Hence there is no need for further discussion about the loss of the F.D certificate. The opposite party is not liable to compensate that matter. If the opposite party received any compensation from the postal department that should be given to the 2nd complainant. From the Ext. P4 document it is seen that the opposite party assured that they will pay the Sugama interest rate on the amount for the delay caused in the transaction. From these documents we have concluded that there is delay from the side of opposite party to withdraw the security deposit, this amounts to deficiency in service from the opposite party. Hence the opposite party is liable to pay compensation to that delay along with the prescribed sugama interest. Hence the complaint is partly allowed. <br /> In the result, the opposite party is directed to pay Rs. 5000/- as compensation to the 2nd complainant and also pay Rs. 1500/- as cost of the complaint. <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 16th August 2008.<br /> <br /> G. SIVAPRASAD President.<br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K.SREELA : MEMBER <br /> <br /> O.P.No. 316/2002<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS : <br /> NIL<br /> II COMPLAINANT'S DOCUMENTS :<br /> P1 - Photocopy of forwarding letter of F.D Certificate dated 22.01.2002 from KSFE to Govt. Secretariat Staff Co-operative Society. <br /> P2 - Photocopy of notice to the KSFE issued by the complainant. <br /> P3 - Original letter dated 03.05.2002 issued from Govt. Secretariat Staff Co-operative Society. <br /> P4 - Original letter dated 17.05.2002 issued from KSFE.<br /> P5 - Photocopy of memo dated 28.05.2002 issued from Dept. of Posts, India. <br /> P6 - Photocopy of letter dated 08.03.2002 issued by the complainant to KSFE.<br /> P7 - Photocopy of Marriage Register. <br /> P8 - Original witness certificate dated 14.07.2003.<br /> P9 - Original letter dated 21.02.2006 issued to the complainant by the opposite party. <br /> III OPPOSITE PARTY'S WITNESS :<br /> DW1 - K. Sukumaran<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> D1 - Photocopy of forwarding letter of F.D Certificate dated 22.01.2002 from KSFE to Govt. Secretariat Staff Co-operative Society.<br /> D2 - Photocopy of letter dated 29.04.2002 from the Manager, Speed Post Centre, Tvpm.<br /> D3 - Photocopy of letter dated 03.05.2002 issued from the Govt. Secretariat Staff Co-operative Society. <br /> D4 - Photocopy of letter dated 22.05.2002 from the Assistant Director, Dept. of Posts. <br /> D5 - Photocopy of memo dated 28.05.2002 from Deputy Supdt of Post office, Dept. of Posts, India.<br /> D6 - Photocopy of receipt No.006033 dated 31.05.2002.<br /> <br /> PRESIDENT