Date of filing              : 11-08-2008

                                                                        Date of Order            : 05-08-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C.No.136/08

                        Dated this, the 5^th  day of August  2009.

PRESENT

SRI.K.T.SIDHIQ                                : PRESIDENT

SMT.P.RAMADEVI                                    : MEMBER

SMT.P.P.SHYMALADEVI              : MEMBER

K.A.Abdul Salam,

“Zam Zam Villa”, Iqubal Road,

Po.Kolavayal, Kanhangad.                           } Complainant

(Adv. T.V. Rajndran, Kanhangad)

The Secretary,

Kottacherry Service Co-op. Stores Ltd,    } Opposite party

No.L.482, Po.Kanhangad.

(Adv. Rajmohanan.K.K. Hosdurg)

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Tersely stated

            The complainant Abdul Salam deposited Rs.2,00,000/- (Rupees two lakhs only) with opposite party on 29-09-06 as Fixed Deposit for a period of 13 months with interest @ 8.5% per annum.  But the opposite party has not refunded the amount with interest on demand even after the maturity period is over.  Hence alleging deficiency in service.  On the part of opposite party the complaint is filed claiming the Principal amount with interest, compensation for mental agony, loss and hardships with costs of the complaint.

2.            According to opposite party owing to their financial stringency they could not repay the amount and they pray nine months time to pay the dues under the fixed deposit.  Opposite party also took a contention that the complaint is not maintainable in view of Sec.69 of the Co-operative Societies Act.

3.            Complainant filed affidavit in support of his claim.  Ext.A1 a Xerox copy of the FD receipt is marked. No evidence either documentary or oral are adduced by opposite party.  Both sides heard.

4.         The contention that the complaint is not maintainable in view of Sec.69 of Co-op Societies Act is not acceptable in view of Sec.3 of the Consumer protection Act.  Moreover, the Hon’ble Apex Court has settled this position favouring the consumer in a number of decisions.

5.         On merits opposite party has no dispute and their request in the version is that they want 9 months time to settle the liability due to the complainant.  The version is seen filed on 29-09-08 and the said 9 months is already over.  Even then the amount with interest is not repaid.  The non-refund of FD amount after maturity period is a deficiency in service on the part of opposite party.

            Therefore the complaint is allowed and the opposite party is directed to refund Rs.2,00 000/- (Rupees two lakhs only) with interest @ 8.5% per annum from the date of deposit to till the date of payment with a compensation of Rs.10,000/- for the loss hardship mental agony suffered by the complainant and a cost of Rs.3,000/-.  Time for compliance is limited to 30 days from the date of receipt of copy of order.  Failing which  Opposite party shall pay interest @ 10% from 30-10-07 i.e. the date of maturity of the FD  till payment with the compensation and costs above mentioned. 

    Sd/-                                               Sd/-                                                  Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts

A1. Xerox copy of FD receipt

    Sd/-                                                Sd/-                                                  Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                    Forwarded by Order

                                                                 SENIOR SUPERINTENDENT