<br /> <br /> <br /> By R. VIJAYAKUMAR, MEMBER.<br /> <br /> The complaint is filed for getting FD amount Rs 1,75,353 including interest till 19.11.05, future interest @ 18% per annum till realization and compensation Rs 25000/- and cost.<br /> <br /> <br /> The averment in the complaint can be briefly summarized as follows:<br /> <br /> The complainant deposited Rs 45000/- each on 06.04.04 in 3FDR Nos 1160, 1161 and 1162 for the period of 46 days, 90 days and 180 days respectively. On 10.07.04 complainant deposited Rs 20000/- as per FDR No. 1172 for a period of 90 days. One SB a/c also was maintained by the Complainant. FDRs on their maturity were further renewed and investment periods were extended on request of the 1st opposite party.<br /> After maturity of the four FDRs, on 20.11.05 the Complainant demanded repayment of the entire amount together with the interest and closure of SB a/c bearing No. 2904 and repayment of balance amount Rs 5000/- with its interest. The 1st opposite party denied repayment on the ground of lack of funds. On subsequent demands 1st opposite party willfully deliberately with held the money deposited by the complainant. The total amount due to the Complainant including the Principle amount with applicable interest accrued on Principle amount of fixed deposits and balance amount in SB a/c is Rs.1,70,353/-. The opposite parties caused untold misery and hardships to the complaint at the time of his elder daughter’s marriage and the youngest daughter’s admission for higher studies. He had to borrow money from others. The act of opposite party is a clear deficiency in service which caused irreparable loss and mental agony to the complainant. Hence the complainant prays for relief. <br /> <br /> The opposite parties remained absent and were declared exparte. Complainant filed affidavit. Complainant was examined as PW1 . Exhibits P1 to P5 were marked. The points that would arise for consideration are;<br /> <br /> 1) Whether there is any deficiency in service on the part of opposite party.<br /> 2) Compensation and cost.<br /> <br /> As the opposite parties remained absent we are constrained to relay upon the evidences adduced by the Complainant. The complainant could clearly prove his case through the complaint, affidavit and exhibits. On perusal of exhibits we find that there is a clear deficiency in service on the part of opposite party. <br /> <br /> In the result the compliant is allowed. The opposite party is directed to pay Rs 1,75,353/- including interest till 19.11.05 and further interest at the rate of 12% till realization and Rs 10000/- as compensation and cost. The order is to be complied with within one month from the date of receipt of the order. <br /> <br /> <br /> <br /> Dated this the 30th day of June, 2008.<br /> <br /> <br /> <br /> INDEX<br /> <br /> List of witness for the complaint<br /> PW1 Varghese<br /> <br /> List of documents for the complaint.<br /> Ext: P1 FD receipt No: 1160<br /> Ext: P2 FD receipt No: 1161<br /> Ext: P3 FD receipt No: 1162<br /> Ext: P4 FD receipt No: 1172<br /> Ext: P5 Pass book of Saving Bank a/c.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> .<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> .<br />