D.O.F : 27/10/2023
D.O.O : 20/06/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.338/2023
Dated this, the 20th day of June 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Girija D, aged 70 years
W/o Ramesh D
Delampady House
Delampady Village & Post
Kasaragod Taluk.
(Adv: Anantharama P) : Complainant
And
The Secretary
The Delampady Service Co-operative
Bank Ltd No. C-1368
P O Delampady
Kasaragod Taluk. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case of the complainant is that, the opposite party is a co-operative society doing the lending and accepting deposit from customers. The opposite party insisted the complainant to deposit FD with them and offered good rate of interest. So the complainant deposited an amount of Rs. 2,00,000/- (Rupees Two lakhs only) with 7.25% interest on 09/04/2021 and the FD is matured on 09/04/2022. On 09/04/2021 he made another fixed deposit of Rs. 1,89,500/- (Rupees One lakh Eighty Nine thousand Five hundred only) with opposite party with an interest rate of 7.25%. The complainant had an SB account with opposite party in which Rs. 7,928/- (Rupees Seven thousand Nine hundred and Twenty Eight only) was there, with interest is due. Totally the complainant deposited fixed deposit of Rs. 3,89,500/- (Rupees Three lakhs Eighty Nine thousand and Five hundred only) with interest at 7.25% from 09/04/2021 till payment. On maturity of these deposits, the complainant approached opposite party demanding the amount. Though the opposite party promised to return the amount on maturity, he did not refund the amount so far inspite of several requests and visits to the bank by the complainant. So the complainant approached the DLSA to get the refund of the deposits. But due to the non-corporation of the opposite party all attempts made by the complainant failed. Due to the irresponsible and negligent attitude and deficiency in service on the part of opposite party, the complainant had undergone huge monitory loss and severe mental pain. Now the complainant is required the money for her treatment. Hence she is seeking the total amount of Rs. 3,89,500/- with 7.25% interest from 09/04/2021 till disbursement along with an amount of Rs. 7,928/- with interest in the SB account with compensation and cost.
Notice of opposite party served, but they remained absent name of opposite party called absent, set exparte.
The complainant filed chief affidavit and Ext. A1 to A3 and also filed IA seeking joined trial of the cases CC 333/2023 to CC 338/2023. Heard the IA and allowed. The main questions raised for the consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite party?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
All questions can be discussed together. In this case, the complainant due to instigation of the opposite party Co-operative Bank, deposited her hard earned money with them in 2 FDs.
- 09/04/2021 Rs. 1,89,500/-
- 09/04/2021 Rs. 2,00,000/-
Thus a total amount of Rs. 3,89,500/- is deposited with interest at 7.25% per annum from 09/04/2021 till payment. She is also having an SB account with opposite party and an amount of Rs. 7,928/- with interest is due. Passbook is produced to prove the aforesaid fact. On maturity of these fixed deposits when the complainant approached to withdraw the amount, the opposite party was not ready to refund the above said fixed deposits. The cause of action for the case arose on 09/04/2021 and subsequent failure to return the amount on demand in Delampady Village, Kasaragod Taluk within the jurisdiction of this commission. This commission carefully gone through the affidavit and documents produced by the complainant.
The complainant is a senior citizen now aged 70 years. She kept the amount to meet her incidental expenses. But withholding the deposit after the maturity period amounts to unfair trade practice and deficiency in service. Complainant is entitled to get the fixed deposit with offered interest. The complainant had produced Ext. A1 to A3. In the absence of rebuttal evidence, opposite party is liable for the hardships and monitory loss suffered by the complainant.
The complainant is entitled for the deposited amount with offered interest from the date of deposit till disbursal with compensation and cost. Here the total amount was Rs. 3,89,500/- with 7.25% interest from 09/04/2021 till payment.
Therefore the complaint is partly allowed directing opposite party to refund Rs. 3,89,500/- (Rupees Three lakhs Eighty Nine thousand and Five hundred only) with 7.25% interest from 09/04/2021 till disbursal along with the SB amount of Rs. 7,928/- (Rupees Seven thousand Nine hundred and Twenty Eight only) with interest from the date of deposit till payment with a compensation of Rs. 1,00,000/- (Rupees One lakh only) to the complainant within 30 days from the date of receipt of copy of this order. The complainant is also entitled the cost of litigation of Rs. 5,000/- (Rupees Five thousand only).
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 to A2 – FD receipts
A3 – SB passbook
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
