CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 7th day of November, 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 24/03/2014
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
CC/ 48/2014
Krishnankutty, S/o.Chami Gupthan
Pacheeni House, Sreekrishnapuram,
Ottapalam, Palakkad. : Complainant
(By Adv.A.V.Ravi)
Vs
The Secretary,
Sreekrishnapuram Vanitha Sahakarana Sangam Ltd,
P.N.985, Sreekrishnapuram -679 513. : Opposite party
(By Adv.M.Ranjith)
O R D E R
By Smt. Shiny.P.R, Member.
Brief facts of the complaint: - On 23-4-2013 the complainant deposited an amount of Rs.1,00,000/- (Rupees One lakh only) with the opposite party for one month. At that time the opposite party assured the complainant that the amount will be repaid with the maximum rate of interest. The opposite party did not give the receipt of the fixed deposit to the complainant. On attaining of the maturity the complainant asked the opposite party to repay the maturity amount , but they did not do so. On 12-11-2013 complainant sent a lawyer notice to the opposite party. The opposite party did not sent any reply. Nonpayment of maturity amount shows the deficiency in service. Hence the complaint. Complainant prays for a direction to pay Rs.1,00,000/- (Rupees One lakh only) with 12% interest from the date of deposit and Rs.10,000/- (Rupees Ten thousand only) as compensation for his mental agony and cost.
Complaint was admitted and notice was issued for appearance of opposite party. After receiving the notice, opposite party entered appearance before the forum and filed version stating that the complaint is not come within the jurisdiction of this Hon’ble forum. Hence it is not maintainable. Complaint is liable to be dismissed.
The evidence adduced by the complainant consists of his chief affidavit and Ext. A1 to A2. Opposite party has not filed chief affidavit.
The following issues are to be considered.
1. Whether the complaint is maintainable or not?
2. Whether there is any deficiency in service from the part of opposite party?
3. If so, what is the relief and cost?
ISSUE No. 1
We have perused the documents on record. Issue No.1 is already answered at the time of preliminary hearing that the complaint is maintainable.
ISSUE Nos. 2 &3
As per the Ext.A1 receipt on 23-4-2013 the complainant had deposited Rs.1,00,000/- (Rupees One lakh only) as a fixed deposit with Opposite party. But in Ext. A1 neither the period of deposit nor the rate of interest is not mentioned. More over the opposite party did not give the Fixed deposit Receipt to the complainant. Complainant submitted that he had deposited the amount for one month. Usually for fixed deposits only 7½% interest per annum is given to the depositors for 30 days. Opposite party did not make the repayment till this date. It is a clear proof of deficiency in service on the part of the opposite party. Now Rs.1,00,000/- (Rupees One lakh only) is with the opposite party for more than 18 months. Interest payable by the bank for more than one year is 9 % per annum. Hence the opposite party is liable to pay Rs.1,00,000/- (Rupees One lakh only) with 9 % interest per annum. Opposite party is not adduced any evidence to the contrary.
In view of the above discussions, we are of the opinion that there is deficiency in service on the part of opposite party. Hence we allow the complaint partly. We direct the opposite party to pay Rs.1,00,000/- (Rupees One lakh only) with 9 % per annum from the date of deposit till the date of complaint along with cost of Rs.1,000/-(Rupees One Thousand only) to the Complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 7th day of November, 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Fixed Deposit Receipt No.53 of opposite party’s society of Rs.1,00,000/- dated 23/04/2013
Ext.A2 - Lawyer Notice dated 12/11/2013 sent to the opposite party.
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs.1,000/-(Rupees One Thousand only)
