DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 21st day of December, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing: 23/12/2021
CC/232/2021
Sambukumaran,
S/o.Late M.R.Ramakrishnan,
Akshara Nivas,
E.M.S. Nagar, Karinkarapully P.O.,
Palakkad – 678 551 - Complainant
(By Adv. G. Abhilash)
Vs
- The Palghat Dist. Co-operative Rubber & General
Marketing Society Ltd. No. P 561,
Malampuzha Road, Neelikkad, Olavakkode P.O.,
Palakkad – 678 651, Rep. by its Secretary.
- The Secretary,
The Palghat Dist. Co-operative Rubber & General
Marketing Society Ltd. No. P 561,
Malampuzha Road, Neelikkad, Olavakkode P.O.,
Palakkad – 678 651. - Opposite parties
(OPs by M/s A.V. Ravi & Nice Mathew)
O R D E R
By Sri. Vinay Menon V., President
- Unopposed pleadings in brief are that the complainant deposited an amount of Rs. 52,862/- on 12/10/2020 carrying interest at the rate of 7.25% p.a. Period of deposit was one year from the date of deposit with maturity date as 12/10/2021. Even after the deposit having attained maturity, the opposite party Society has failed to repay the principal amount with interest accrued. Demands went unheard. Aggrieved thereby, this complaint is filed alleging deficiency in service on the part of the opposite parties, seeking return of the principal along with interest as assured, agreed and accrued and for other attendant reliefs.
- O.P.s, though they entered and maintained appearance all through the proceedings, did not file version.
- In the absence of any contesting allegations, the sole burden that befalls us is to see if the complainant has made out a prima facie case.
Ext. A1 is the FD receipt dated 12/10/2020 for an amount of Rs.52,862/- Interest rate shown is 7.25% p.a. Period of deposit is one year.
Exts. A2 and A4 are lawyer’s notices issued to the opposite party Society and its Director seeking repayment of the deposit amount together with interest. Exts. A3 and A5 are acknowledgment cards evidencing receipt of Exts. A2 and A4.
4. Exts. A1 to A5 coupled with the conduct of the opposite parties in the court would leave no suspicion as to the claim of the complainant. Claims of deposit, rate of interest, non-repayment and demand thereof stands proved. Therefore we allow this Complaint.
5. Resultantly we hold as follows:
1. The opposite parties are directed to repay an amount of Rs.52,862/- together with interest at the rate of 7.25% from 12/10/2020 till date of repayment.
2. The complainant is entitled to a compensation of Rs. 10,000/-.
3. The complainant is entitled to a cost of Rs. 5,000/-.
4. Period of compliance is 45 days from the date of receipt of this order.
Pronounced in open court on this the 21st day of December, 2022.
Sd/- Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Original FDR bearing No.077 dated 12/10/2020
Ext.A2 – Copy of lawyers notice dated 19/11/2021 issued to second opposite party
Ext.A3 – Original postal acknowledgment card dated 24/11/2021 with respect to Ext.A2
Ext.A4 – Copy of lawyers notice dated 19/11/2021 issued to Director of OP1
Ext.A5 – Original postal acknowledgment card dated 24/11/2021 with respect to Ext.A4
Exhibits marked on the side of the opposite party: Nil
Court Exhibit: Nil
Third party documents: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court Witness: Nil
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 will be weeded out.
