DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 15th day of November, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member
Date of filing: 30.10.2020
CC/137/2020
C.K.B. Prakash
S/o Bhaskaran Nair .P,
Aspinol & Company Limited,
Planatation Division,
Pullangode Estate,
Pullangode post, Kalikav ,
Malappuram District
Pin. 676 525
Now residing at
Karumathil “Sree Bhavanam”
Puthupariyaram P.O
Palakkad Pin 678 731
(By Adv. K.N.Sreelatha) - Complainant
Vs
1. The Secretary
The Pullangode Co-Operative Stores Ltd,
No.F.1544,
Pullangode P.O,
Malappuram District ,Pin. 676 525
2. The President
The Pullangode Co-Operative Stores Ltd,
No. F. 1544,
Pullangode P.O,
Malappuram District,Pin. 676 525
(By Adv. P.C.Sivadasan) - Opposite parties
O R D E R
By Sri. Krishnankutty, N.K, Member
1. Crux of this complaint is the non payment of the fixed deposit amount to the complainant by the opposite parties on due date. The complainant deposited Rs. 500,000/- with Pullangode Co-operative stores Limited number F 1544, Pullangode P.O, Malappuram District, Pin.676 525,for which a fixed deposit receipt duly signed by the opposite parties was issued.
As per the receipt, the deposit is for a period of one year bearing interest rate of 12%pa. Due date for payment was 31/10/2018. Inspite of making the claim, and continuous follow up by the complainant, the opposite party society failed to make the payment. Hence the complainant approached this Commission with the following prayers.
A. Directing the opposite parties to make payment of
Rs. 560000/- being the maturity amount of the deposit.
B. Directing the opposite party to pay interest for the above
amount from 01/11/2018 till date.
C. Compensation of Rs. 100000/- for financial loss and mental
agony and.
D. Cost.
2. Notice was issued to the opposite parties and they entered
appearance, but didn't file their version.
3. On 19/02/21 the counsel for the opposite parties informed
that settlement has been reached between the complainant
and opposite parties and a part payment has already been
made and the balance will be paid in instalments.
4. Since the balance amount was not paid as promised, case
was referred to adalath held on 29/04/22, but couldn't be
settled due to the absence of opposite parties.
5. The complainant filed a proof affidavit on 04/07/2022 and
marked the document as Ext. A-1, which is the fixed deposit
receipt issued by the opposite parties. As the proof affidavit, the
complainant has already received Rs. 400000/-towards the
dues.
6. This Commission had directed the opposite parties to file a
statement of account showing the payment made, but they
failed the file the statement.
7. The counsel for the complainant has submitted a calculation
sheet on 26/09/22 showing the total amount due from the
opposite parties and the amount already received. As per the
statement, total amount still due to the complainant is
Rs. 329685/- inclusive of interest upto 26/09/22.
8. From the above, it is clear that an amount of Rs. 329685/-
is still due from the opposite parties, even after a lapse of four
years from the due date of the fixed deposit. Non payment of
fixed deposit on the due date is a definite case of deficiency in
service and unfair trade practice.
9. In the result, the complaint is allowed ordering the following
reliefs.
1. The opposite party society pay Rs. 329685/- to the
complainant along with interest @10%pa from 27/09/2022 till the date of payment.
2. The opposite party is directed to pay Rs. 50000/- as
compensation for financial loss and mental agony and
3. Rs. 10000/- towards cost.
Pronounced in the open court on this day the 15th day of November, 2022.
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- Fixed Deposit Receipt No. 1dt. 01/11/2017 for
Rs. 500,000/- issued to the complainant by the Opposite
parties.
Documents marked from the side of the opposite parties - Nil.
Witness examined - Nil
Cost – Rs.10000/-
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.
