D.O.F:21/02/2023
D.O.O:19/06/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.54/2023
Dated this, the 19th day of June 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
K.Kunhambu Nair
S/o M. Chandu Nair,
Mullachery House,
P.O Paravanadukkam
Kasaragod Taluk : Complainant
(Adv: Jithesh Babu.P.K)
And
- The Secretary,
The Kasaragod Printing and Publishing
Co-operative Society Limited, C.802
Industrial Estate, Vidyanagar P.O
Kasaragod Taluk.: Opposite Parties
- The president,
The Kasaragod Printing and Publishing
Co-operative Society Limited, No.C.802
Industrial Estate, Vidyanagar P.O
Kasaragod Taluk
ORDER
SMT.BEENA.K.G : MEMBER
This complaint is filed under section 35 of Consumer Protection Act 2019. The complainant is a senior citizens aged 75 years. He had deposited an amount of Rs. 50,000/- as FD having an interest@ 9.75% per annum with the Opposite parties on 30/07/2014. The said deposit is renewed from time to time with interest accrued there on. The complainant was an aged person and was suffering from several diseases including heart issues and required huge amount for treatment. The complainant several times approached Opposite parties to surrender the FD and get encashment. The Opposite parties had delayed the payment by saying one or other reasons and finally on 20/12/2022 the Opposite parties told the complainant that they cannot make payment and if he want the amount he can approach consumer court. The complainant is alleging gross deficiency in service on the part of Opposite parties as the encashment of the FD is legally entitled to the complainant, the denial of encashment caused severe mental agony and loss to the complainant. Hence the complainant is seeking encashment of the FD (Rs.50,000/-) with interest Rs 46,404/- along with Rs. 50,000/- as future deposit with a compensation of Rs. 50,000/-.
Notice to Opposite parties served name called absent set exparte.
The complainant filed proof affidavit Ext A1 marked. Ext A1 is FD receipt.
The question raised for consideration are;
- Whether there is any deficiency in service on the part of Opposite parties in encashment of the FD?
- Whether the complainant is entitled for relief?
- If so what is the relief and cost?
For convenience all issues can be considered together. This specific case of the complainant is that the Opposite parties accepted an amount of Rs. 50,000/- from the complainant as the FD for a period of 6 months and it was renewed till 20/12/2022. As the complainant is a senior citizen having several health issues was badly in need of money for further treatment approached the Opposite parties for encashment of the FD amount. But the Opposite parties did not repaid the FD so far, inspite of repeated requests. Ext A1 receipt proves that complainant’s case is true. In the absence of contra evidence this forum finds that the Opposite parties failed to refund the FD amount to the complainant on due date with interest as offered. The nonpayment of the FD amount after the expiry of the period is a gross negligence and service deficiency on the part of Opposite parties which caused severe mental agony and loss to the complainant. Certainly the complainant is entitled for relief. Hence the Opposite parties are liable to pay compensation and cost in addition to the FD amount with up to date interest.
Hence the complaint is allowed and the Opposite parties are directed to pay the FD amount of Rs. 50,000/- with interest @ 9.75% per annum from 03/02/2014 to the date of payment. The complainant is entitled for compensation of Rs. 10,000/- (Rupees Ten thousand only) towards mental agony and other hardships and also an amount of Rs. 3000/- (Rupees Three thousand only) as cost to the complainant.
The time for compliance is 30 days from the receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- FD Receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
