DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 06^th day of January, 2023

Present    :  Sri.Vinay Menon V., President

                :  Smt.Vidya A., Member             

                :  Sri.Krishnankutty N.K., Member                             

                  Date of Filing:  03.01.2022                                              

CC/9/2022

1. Priya.P.Kartha

W/o Sandeep.U

“Deepam”, Puduppariyaram

Palakkad – 678 731

2.     V.Unnikrishnan

S/o Ramankutty Nair

“Deepam”, Puduppariyaram

Palakkad – 678 731                           -                     Complainants

(Complainants by Adv. Venugopal G P)

Vs

The Palakkad District Co-operative

Rubber and General Marketing Society Limited

No. P-561, Malampuzha road

Neelikkad, Olavakkode

Palakkad – 678 002, rep. by its Secretary  

(By Adv. A.V.Ravi)                              -                       Opposite party

O R D E R

By Smt. Vidya A., Member

1. Pleadings of the Complainant in brief

    The complainants had deposited an amount of Rs. 2,17,500/- (Two Lakhs seventeen thousand and five hundred only) on 16/06/2020 and an amount of Rs. 1,32,478/- (One lakh thirty two thousand four hundred and seventy eight only) on 18/06/2020 with the opposite party society. 

The details of the Fixed Deposit receipts issued by the opposite party are:

1. Fixed Deposit receipt No.066 dated 16/06/2020 for Rs. 2,17,500/-  Maturity date 13/04/2021, rate of interest @ 7.75% per annum.
2. Fixed Deposit No.069 dated 18/06/2020 for Rs. 1,32,478/-  Maturity date 18/06/2021, rate of interest @ 7.75% per annum.

After the maturity date, the complainants approached the opposite party for the refund of the principal amount along with interest, but they did not refund the amount.  Even after repeated demands, the said amount has not been returned by the opposite parties society.  So the complainants issued a legal notice to the opposite party through their counsel on 11/10/2020.  Even after the receipt of notice on 16/10/2021, there was no response from their part or they did not comply with the complainant’s demand.

This high handed action of the opposite party amounts to deficiency is service and unfair trade practice.  Because of their acts, the complainants were not in a position to meet their urgent monetary requirements.  The complainants suffered mental agony and monetary loss due to the inaction of the opposite parties society.

So this complaint is filed to direct the opposite party:

1. To refund the amount Rs. 2,17,500/- together with interest @ 7.75% per annum from 16/06/2020 till realization.
2. To refund the amount of Rs. 1,32,478/- together with interest @ 7.75% per annum from 18/06/2020 till realization and
3. Rs.1,00,000/- towards compensation for the mental agony caused to the complainant, cost of the proceedings and such other reliefs as the Commission finds fit and proper to grant.

2. After admitting complaint, notice was issued to the opposite party.  The opposite party entered appearance.  They filed version beyond the statutory period.  So their version was rejected.      

3. The main points arising for consideration in this case are:

         a. Whether there is any Deficiency in service/Unfair trade practice

             on the part of the opposite party?

         b. Whether the complainants are entitled to the reliefs claimed?  

         c. Reliefs as cost and compensation.

4. 1^st complainant filed proof affidavit for and on behalf of both complainants and Exts.A1 to A3 were marked.  Evidence closed and heard the complainant.    

5.  Points 1 to 3

Complaint averment is to the effect that the complainants deposited an amount of Rs. 2,17,500/- on 16/06/2020 and an amount of Rs. 1,32,478/- on 18/06/2020 with the opposite parties society.  As per the Fixed Deposit receipts issued by the opposite party the maturity date for the 1^st Deposit was 13/04/2021 and the 2^nd Deposit was 18/06/2021 and the rate of interest for the above two Fixed Deposits is 7.75% per annum.

6. Complainants produced the original Fixed Deposit receipts issued by the opposite party, which were marked as Ext.A1 and Ext.A2.  From Ext.A1 Fixed Deposit Receipt No.066, it can be seen that the due date of that deposit is 13/04/2021 and rate of interest is 7.75% per annum.  From Ext.A2, Fixed Deposit Receipt No.069, the due date is 18/06/2021 and rate of interest is 7.75% per annum.

7. Complainant’s grievance is that when they approached the opposite party society after the maturity date for the refund of the principal amount together with interest, they did not give the amount.  Even after repeated demands, the opposite party did not refund the amount.  So the complainant issued Lawyer Notice through their counsel demanding the amount.  Even after receiving the notice, the opposite party did not comply the demands in the notice.  Complainant produced the copy of Lawyer Notice, Acknowledgement card and postal receipt which is marked as Ext.A3.

8. Even though the opposite party entered appearance, they filed their version beyond the statutory period.  So their version was rejected.  From the evidence adduced by the complainant, it is clear that the opposite party society did not return the Fixed Deposit amount together with interest even after its maturity date.  It amounts to clear deficiency in service and unfair trade practice on their part.  The complainant would have definitely suffered mental agony and financial loss due to the act of the opposite party and they are liable to compensate the complainant for that.

In the result, the complainant is allowed.

We direct the opposite party:

1. To refund Rs. 2,17,500/- together with interest at the rate of 7.75% from 16/06/2020 till realization.
2. To refund Rs. 1,32,478/- together with interest at the rate of 7.75% from 18/06/2020 till realization.
3. The opposite party is also directed to pay Rs. 10,000/- as compensation for their deficiency in service and mental agony suffered by the complainants and Rs. 5,000/- as cost of the proceedings.

The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order. 

     Pronounced in the open court on this the 06^th day of January, 2023.

                                                                                               Sd/-                                                                                                           Vinay Menon V

                                                 President 

                                                         Sd/-

                                                    Vidya A

                            Member   

                                                                                              Sd/-

                                                                                  Krishnankutty N.K.

                                                                                         Member

APPENDIX

Documents marked from the side of the Complainant –

Ext.A1: Original Fixed Deposit receipt No: 066 issued by the opposite party dated 16/06/2020.

Ext.A2: Original Fixed Deposit receipt No: 069 issued by the opposite party dated 18/06/2020.

Ext.A3: Copy of the Lawyer Notice issued to the opposite party along with

acknowledgement card and postal receipt dated 11/10/2021.

Documents marked from the side of opposite party – Nil

Witness examined from the side of the complainant – Nil

Witness examined from the side of the opposite party - Nil

 Cost – Rs. 5,000/-

NB:   Parties are directed to take back all extra set of documents submitted         in the proceedings in accordance with Regulation 20(5) of the         Consumer Protection (Consumer Commission Procedure) Regulations,         2020 failing which they be weeded out.