Before the District CONSUMERS Forum:Kurnool

Present: Sri K.V.H. Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B., Member

Tuesday the 04^th day of December, 2002

C.D.No.51/2002

Kum.M.Pavani,

D/o M.Thirupalaiah,

Minor/Guardian and Natural Mother Smt.M.Annapurna,

W/o M.Thirupalaiah,

House Wife, R/o D.No.3/21,

Peta, Kurnool District.                        ….Complainant represented by his/her                                                                       Counsel Sri.M.D.Y.Rama Moorth and

     M.d.Y.Jogaiah Sarma, Advocates

-Vs-

1. The Secretary,

    The Kurnool Urban Co-Operative Credit Bank Limited,

    Kurnool.

2. Sri.Amjad Ali Khan, Chairman,

 The Kurnool Urban Co-Operative Credit Bank Limied, Kurnool District.

                                                                                            …Opposite parties 1 and 2 represented by                                                                                                                                                  their counsel Sri.A.Hari Hara Nadha Sarma, Advocate.

ORDER

As per Sri.K.V.H.Prasad, Honourable President

C.C.No.52/2002

1.       This consumer dispute case of the complainant Kum.M.Pavani, is filed under Consumer Protection Act, seeking direction to the opposite parties for refund of the matured amount of Fixed Deposits showing in Schedule-A with interest from the date of maturity till the date of repayment and also a sum of Rs.10,000/- + Rs.1,000/- towards damages and costs of the case respectively along with other reliefs which the Forum feels deem fit and proper in the circumstances of the case.

2.       The complainant alleged that the complainant is the depositor of the Fixed Deposit mentioned in Schedule-A and the opposite party is under liability to pay the interest stipulated and also amounts of maturity in case of both maturity and pre maturity with drawls and the opposite parties inspite of several demands and notice did not honour the request of the complainant for refund of the Fixed Deposit amounts with interest due thereof and the conduct of the opposite parties  in with holding Fixed Deposit amount without any reasonable excuse is amounting to deficiency of service on their part.

3.       The opposite parties in receipt of the notice even though made their appearance in this proceedings and engaged counsel Sri.A.Hari Hara Nadah Sarma as back as 13.03.2002 did not file on objection statement to the claim of the complainant inspite of several adjournments that were given on 12.04.2002, 29.04.2002, 24.05.2002, 26.06.2002, 24.07.2002, 25.09.2002 and 30.10.2002 and ultimately failed to file objection statement when the case stands to 29.11.2002 and on the other hand the opposite parties kept themselves unrepresented by the absence of themselves and their counsel on that date 18.01.2002.

4.       Forum the above defaultive conduct of the opposite parties it appears that the opposite parties are not having any defence to the claim of the complainant.  While such is so the documents filed by the complainant along with the complaint which are marked as Ex.A1 to Ex.A3 for appreciation is making out the case of the complainant and the cause of action against the opposite parties.  In the absence of any material contradicting to the claim of the complaint made in the case, the complainant is remaining entitled to the reliefs as  sought for against the opposite parties. 

5.       Consequently the complaint is allowed directing the opposite parties to repay the due amounts under the Schedule-A to the complainant with the stipulated rate of interest till the repayment of entire due amount and also a sum of Rs.10,000/- towards damages and Rs.1,000/- towards the costs of the complaint.  For compliance of this order time of two months is given to the opposite parties from the date of  receipt of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced in the open bench on this the 04^th day of December, 2002.

MEMBER                                  PRESIDENT                                    MEMBER             

APENDIX OF EVIDENCE

Witnesses Examined

For the complainant:-Nill                          For the opposite parties:-Nill

List of Exhibits marked for the complainant:-

Ex.A1           Is the Xerox copy of the Deposit Receipt (No.1).

Ex.A2          Is the Office copy of the Legal Notice dated 18.01.2002.

Ex.A3          Is the Postal Acknowledgement.

List of Exhibits marked for the opposite parties:- Nil

MEMBER                                  PRESIDENT                                   MEMBER  

//Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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