Andhra Pradesh

Kurnool

CC/106/2002

M.Ashok Kumar - Complainant(s)

Versus

The Secretary - Opp.Party(s)

M.D.V.Ramana Moorthy

04 Dec 2002

ORDER

Heading1
Heading2
 
Complaint Case No. CC/106/2002
 
1. M.Ashok Kumar
S/o M.Bharathanna,R/o 45/129-29A,V.R.Colony, Kurnool
Kurnool
Andhra Pradesh
...........Complainant(s)
Versus
1. The Secretary
The Kurnool Urban Co-Operative Credit Bank Ltd.,Kurnool.
Kurnool
Andhra Pradesh
2. Sri Ajmad Ali khan, chairman
The Kurnool Urban Co-Operative Credit Bank.Ltd.,
Kurnool
Andhra Pradesh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri.K.V.H. Prasad, B.A., LL.B PRESIDENT
 HON'BLE MR. Sri R.Ramachandra Reddy, B.Com., LL.B., MEMBER
 HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B., MEMBER
 
For the Complainant:M.D.V.Ramana Moorthy, Advocate
For the Opp. Party: A.H.N.Sharma, Advocate
ORDER

The consumer dispute case of the complainant Smt/Sri M.Ashok Kumar is filed under consumer protection act seeking direction to the opposite parties for refund of the matured and unmetered amount of fixed deposits showing in sch. As with interest from the date of maturity till the date of repayment and also a sum of Rs.10, 000/- and 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 circumstance in of the case.

The complaint alleges that the complaint is the depositor of the fixed deposit mentioned in Sch. 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 withdrawals and the opposite parties inspite of several damanda and notice did not honour the request of the complainant for refund of the fixed deposited amounts with interest due thereof and the conduct of the opposite parties in with holding gixed deposit amounts without any reasonable Excuse is amounting to deficiency of service on their part.

The opposite parties in receipt of the notice an even though made their appearance in this proceedings and engaged counsel Sri A.Hari haranadha Sarma as back as 13-03-2002 did not file any objection statement to the claim of the complainant inspite of several adjourned that were given on 12/04/2002; 29 -4-2002; 24.5.2002; 26.6.2002; 24.7.2002; 25-9-2002; and 3.-12-2002 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.05-02-2002.

Forum the above defaultive conduct of the opposite parties it appears that the opposite parties are not habing any defense 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 marking out the case of the complainant and the cause of the action against the opposite parties. In the absence of any material contradicting to the claim of the complainant made in the reliefs as south for against the opposite parties. Consequently the complaint is allowed directing the opposite parties to repay the due amounts under the schedule to the complainant with the stipulated rate of interest till the date of Rs.10,000/- towards damages and Rs.1,000/- towards the cost of the complaint. For compliance of this order time for two months is given to the opposite parties from the date of receipt of this order.

 

 
 
[HON'BLE MR. Sri.K.V.H. Prasad, B.A., LL.B]
PRESIDENT
 
[HON'BLE MR. Sri R.Ramachandra Reddy, B.Com., LL.B.,]
MEMBER
 
[HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B.,]
MEMBER

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