D.O.F : 27/10/2023
D.O.O : 20/06/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.335/2023
Dated this, the 20th day of June 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Lokesh D, aged 50 years
S/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 6.75% interest on 09/04/2021 and the FD is matured on 09/04/2022. And another FD of Rs. 1,89,000/- (Rupees One lakhs Eighty Nine thousand only) with same interest rate for one year. He had an RD deposit account bearing no. 587 of Rs. 20,000/- (Rupees Twenty thousand only) which was remitted in 10 months with 10% interest from the date of deposit. The complainant is having SB account no. 4418 with opposite party and an amount of Rs. 4,570/- (Rupees Four thousand Five hundred and Seventy only) with interest is due to him. Totally the complainant deposited fixed deposit of Rs. 3,89,000/- (Rupees Three lakhs Eighty Nine thousand only) with interest at 6.75% 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 required the money for his treatment. Hence he is seeking the total amount of Rs.3,89,000/- with 6.75% interest from 09/04/2021 till disbursement and an RD amount of Rs. 20,000/- with 10% interest from the respective date of deposit along with Rs. 4,570/- in SB account with compensation of Rs. 70,000/- 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 filed IA seeking joined trial of the cases CC 333/2023 to CC 338/2023. Heard the IA and allowed. The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 to A4. Heard the complainant. 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 Cooperative Bank, deposited his hard earned money with them as 2 FDs. One FD is on 9/4/2021 for Rs. 2,00,000/- and another FD is for Rs. 1,89,000/-. The cause of action 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.
Thus a total amount of Rs. 3,89,000/- is deposited with interest at 6.75% per annum from 09/04/2021 till payment. The complainant has produced Ext. A1 to A4 to prove his case. The complainant also had an RD amount of Rs. 20,000/- with 10% interest from the date of deposit along with Rs. 4,570/- in SB account. On maturity of these fixed deposits when the complainant approached to withdraw the amount, opposite party was not ready to refund the above said fixed deposits. This commission carefully gone through the affidavit and documents produced by the complainant.
The complainant is now aged 50 years. He kept the amount to meet his incidental expenses. Withholding the deposit after the maturity period amounts to unfair trade practice and deficiency in service. Complainant is entitled to get the fixed deposits, RD amount and SB amount with offered interest. 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. 3,89,000/- with 6.75% interest from 09/04/2021 till payment. The complainant also entitled to get the RD mount of Rs. 20,000/- with interest at 10% per annum from the respective date of interest along with Rs. 4,570/- in the SB account. The complainant is also entitled for a compensation of Rs. 50,000/- and Rs. 5,000/- as cost of litigation.
Therefore, the complaint is partly allowed directing opposite party to refund Rs. 3,89,000/- (Rupees Three lakhs Eighty Nine thousand only) with 6.75% interest from 09/04/2021 till disbursal along with the SB amount of Rs. 4,570/- (Rupees Four thousand Five hundred and Seventy only) and RD amount of Rs. 20,000/- (Rupees Twenty thousand only) with interest from the date of deposit till payment with a compensation of Rs. 50,000/- (Rupees Fifty thousand 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 – RD passbook
A4 – SB passbook
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
