IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 30th day of October, 2010
Filed on 21.08.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 276/2009
between
Complainant:- Opposite Party:-
Sri.V.Ajayan Kadakkarappally Service Co-operative
Nikarthil Veedu Bank Ltd. No.1125, Kakkarappally P.O.
Kadakkarappally P.O. Cherthala – 688 529, represented by its
Cherthala, Alappuzha Dt. Secretary
(By Adv. Preethamoni K.P.) (By Adv. Satheesh & Cheriyan)
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.V.Ajayan has filed this complaint before the Forum on 21.08.2009 alleging deficiency in service on the side of the opposite party. The brief facts of the allegations are as follows:- On 5.1.2007 vide FD A/c No.16178 he had deposited a sum of Rs.1 lakh before the opposite party and further deposited a sum of Rs.76,000/-. From the above fixed deposits, he had availed a loan of Rs.30,000/-, Rs.3,000/-, Rs.10,000/- and Rs.27,000/- on different dates, and after excluding those amounts, he had sufficient amount with the opposite party. But on different dates the opposite party had after making fraudulent documents and taken a sum of Rs.70,000/- on 14.3.2007, 33,000/- on 14.2.2007 and Rs.43,000/- on 12.3.2007 after putting signature in the documents including vouchers to the effect that he had availed the loan. At that time, he had filed complaint before the opposite parties. But the opposite party had not taken any positive steps regarding that. Hence this complaint seeking relief to get back the amount taken by the opposite party by way of fraudulent documents.
2. Notice was issued to the opposite party. They appeared before this Forum and filed version.
3. In the version it is stated that the complainant had deposited a sum of Rs.1 lakh on 5.1.2007 as per RD Receipt No.16178, and denied the other deposit of Rs.76,000/-. He had availed a loan of Rs.30,000/- on 7.2.2007, Rs.3,000/- on 14.2.2007, Rs.10,000/- on 12.3.2007 and Rs.27,000/- on 14.3.2007, amounts to be total loan of Rs.70,000/- on the security of the said FD Receipt. It is stated that the complainant is liable to pay interest to the opposite party @ 9.5% per annum, and that after deduction of the above loan transaction and its inerest, the balance amount of Rs.30,970//- was received by the complainant on 17.4.2007 and a/c closed. The matter of deposit of Rs.76,000/- was false and the question of forgery is not maintainable before the Forum. It is further stated that the allegations of deficiency in service is absolutely baseless and the complainant is not entitled to get any relief.
4. Considering the contentions of the parties, this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the opposite party has committed misappropriation of the a/c of the
complainant?
3) Compensation and costs?
5. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case, and produced documents in evidence and he has examined and cross examined by the opposite party. The documents – Exts.A1 to A4 marked. Ext.A1 series – 4 Nos. are the pay in slip showing the remittance of amount before the opposite party’s bank. Ext.A1 series is the pay slip dt. 12.3.2007 for the remittance of a sum of Rs.33,000/- by the complainant. Another Ext.A1 series is the pay slip dt. 14.2.2007 vide Ext.A1 series is for the remittance of Rs.43,000/- by the complainant, in connection with the loan. Another slip dt. 17.4.2007 vide Ext.A1 series is for the price of Rs.10/- towards the price of form. Ext.A2 series are the copies of the voucher slips dt. 12.3.2007, 7.2.2007, 14.2.2007 and 14.3.2007. Ext.A3 (5 pages) are the information furnished by the opposite party to the complainant regarding the details of the transaction between the complainant and the opposite party. Ext.A4 (15 sheets) are the copies of Fixed Deposit Register maintained by the opposite party and the copy of the cash book. The copy of the fixed deposit shows that the complainant had deposited a sum of Rs.1 lakh on 5.1.2007.
6. Opposite party has filed proof affidavit in support of their case and produced documents in evidence and examined and cross examined by the complainant and marked the documents Exts.B1 to B6. Ext.B1 is the copy of the fixed deposit Register (marked as Ext.A4), Ext.B2 is the copy of the deposit loan Register showing the receipt of the loan by the complainant against the fixed deposit, Ext.B3 is the copy of the cash book dt. 7.2.2009, Ext.B4 is the copy of the cash book dt. 14.2.2007, Ext.B5 is the copy of the cash book dt. 12.3.2007 and Ext.B6 is the copy of the cash book dt. 14.3.2007. As per the Receipt dt. 8.4.2010, the complainant submitted before the Forum that certain documents related to the transaction by the complainant is required for the trial. The Forum allowed the petition and directed the opposite party produce such documents before the Forum. As such, the opposite party produced documents and marked those documents as Ext.X1 series – 4 Nos. – original vouchers (marked as Ext.A2 series).
7. We have carefully verified the entire matter of this case and perused the documents filed by the parties in evidence, and heard the matter in detail. It is admitted that the complainant had deposited a sum of Rs.1 lakh before the opposite party’s bank on 5.1.2007. From that deposit, he had taken total sum of Rs.70,000/- on different dates after accepting the fixed deposit of the amount of Rs.1 lakh from the complainant. Thereafter, the complainant had deposit a sum of Rs.33,000/- on 12.3.2007 by pay slip. The said pay slip shows that cash received by the opposite party. The complainant had further deposited a sum of Rs.43,000/- on 14.3.2007 by pay slip. The said pay slip also shows that the opposite party has received the said amount. In this respect, it is noticed that the contentions of the opposite party was that they had received only a sum of Rs.1 lakh as deposit from the complainant cannot be accepted. In the version, opposite party has stated that the complainant had availed loan amount of Rs.30,000/- on 7.2.2007, Rs.3,000/- on 14.2.2007 and Rs.10,000/- on 12.3.2007 and Rs.27,000/- on 14.3.2007 - Total Rs.70,000/- (on the security of the FD Receipt dt. 5.1.2007). As per the documents Nos. Exts.A1 to A4, the opposite party is adjusted Rs.1 lakh from the total deposit amount of Rs.1,76,000/-. The balance of Rs.76,000/- is to be repaid by the opposite party to the complainant. From the document Nos. Ext.A1 series, it is evident that a sum of Rs.76,000/- is the outstanding amount payable to the complainant. The version of the opposite party and the documents produced – (Ledgers) are contradictory and cannot be accepted as valid documents. The opposite party’s documents shows that the amount deposited by the complainant is fully accepted by the opposite party by putting seal and signature of the opposite party – since the documents and the contentions of the opposite party are contradictory, opposite party has no valid ground to establish the matter that the complainant is not eligible to get any amount. After verification of the facts and circumstances of this case, and after perusal of the entire documents produced by both sides, it can be seen that an amount of Rs.76,000/- is still in the custody of the opposite party. In this respect, the opposite party shall bound to repay the said amount of Rs.76,000/- to the complainant. So the complainant is entitled to get the said amount from the opposite party. Since there is deficiency in service and negligence on the side of the opposite party by way of purposeful refusal to return the amount, the complainant is entitled to get compensation and costs. Hence complaint is to be allowed as prayed for. All the issues are found in favour of the complainant.
In the result, we hereby direct the opposite party to return the balance amount of Rs.76,000/- (Rupees seventy six thousand only) to the complainant with interest at the rate of 12% from the date of 14.3.2007 onwards to till the date of realization, and pay a compensation of Rs.10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, harassment, loss and inconvenience of the complainant due to the grossest deficiency in service, culpable negligence and cheating of the opposite party by way of misappropriation of amounts of the complainant and purposeful refusal to return back the balance amounts to the complainant in time. We hereby direct the opposite party to pay as costs of Rs.2000/- (Rupees two thousand only) as costs of this proceedings. We hereby further direct the opposite party to pay the above amounts within 20 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 30th day of October, 2010.
Sd/- Sri. K. Anirudhan:
Sd/- Sri.Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - Ajayan.V. (Witness)
Ext.A1 series - Pay in slips dated 12.3.07, 14.2.2007
Ext.A2 series - Copy of the vouchers dated 12.3.07, 7.2.2007, 14.2.07, 14.3.2007
Ext.A3 series - Information furnished by the opposite party (5 pages)
Ext.A4 - Copies of the fixed deposit register maintained by the opposite party
(15 sheets) and the copy of cash book.
Evidence of the opposite party:-
RW1 - P.Chandramohan (Witness)
Ext.B1 - Copy of the fixed deposit Register
Ext.B2 - Copy of the deposit loan Register
Ext.B3 - Copy of the cash book dt. 7.2.2007
Ext.B4 - Copy of the cash book dt. 14.2.2007
Ext.B5 - Copy of the cash book dt. 12.3.2007
Ext.B6 - Copy of the cash book dt. 14.3.2007
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
