D.O.F : 27/10/2023
D.O.O : 20/06/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.337/2023
Dated this, the 20th day of June 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Vidya D alias Vidyalatha, aged 40 years
D/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. 25,000/- (Rupees Twenty Five thousand only) with 6.75% interest on 21/06/2021 and the FD is matured on 21/06/2022. On 23/02/2021 he made another 6 separate fixed deposits of Rs. 50,000/- (Rupees Fifty thousand only) with opposite party with an interest rate of 6.75%, which were due on 11/02/2022. The complainant also deposited RD amount of Rs. 2,000/- per month and totally Rs. 20,000/- (Rupees Twenty thousand only) is in her RD deposit in account bearing No. 586 with the opposite party which was remitted in 10 months with interest at 10%. She is also having SB account No. 4282 with opposite party an an amount of Rs. 2,900/- (Rupees Two thousand Nine hundred only) is due. Totally the complainant deposited fixed deposit of Rs. 3,25,000/- (Rupees Three lakhs Twenty Five thousand only) with interest at 6.75% from 23/02/2021 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 is required the money for construction of house. Hence she is seeking the total amount of Rs. 3,25,000/- with 6.75% interest from 23/02/2021 till the date of payment, an amount of Rs. 20,000/- with 10% interest from the respective date of deposit along with Rs. 2,900/- in SB account with a 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 documents Ext. A1 to A9. The complainant also filed IA seeking joined trial of the cases CC 333/2023 to CC 338/2023. The IA heard and allowed. 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 Co-operative Bank, deposited his hard earned money with them as 6 FDs of Rs. 50,000/- and one FD of Rs. 25,000/-.
Thus a total amount of Rs. 3,25,000/- is deposited with interest at 6.75% per annum from 23/02/2021 till payment. 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 is the cause of action in this complaint. This commission carefully gone through the affidavit and documents produced by the complainant. The complainant had produced Ext. A1 to A9 to prove his case.
The complainant kept the amount to meet her 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 deposit 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 FD amount was Rs. 3,25,000/- with 6.75% interest from 23/02/2021 till payment along with an RD amount of Rs. 20,000/- with 10% interest from the respective date of deposit with Rs. 2,900/- in SB account.
Therefore the complaint is partly allowed directing opposite party to refund Rs. 3,25,000/- (Rupees Three lakhs Twenty Five thousand only) with 6.75% interest from 23/02/2021 till disbursal along with the RD amount of Rs. 20,000/- (Rupees Twenty thousand only) with interest 10% per annum from the date of deposit and Rs. 2,900/- (Rupees Two thousand Nine hundred only) in SB account 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 A7 – FD receipts
A8 – RD passbook
A9 - SB passbook
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
