SRI. K. ANIRUDHAN (MEMBER) The complainant Smt.T.S.Anitha residing at Chempakasseril, Changankulangara, Oachira P.O., Kollam Distirct has filed this complaint before this Forum by alleging deficiency of service against the opposite party. The case of the complainant is as follows:- On 13.9.1999 the complainant deposited with the opposite party a sum of Rs.25,000/- for a period of 61 months repayable after date of interest at the rate of 14% per annum and the opposite party issued to the complainant a fixed receipt vide Rt. No.38/99-2000 dtd. 13.9.1999 with due date. As per the terms of the deposit, the opposite party have to repay the deposit amount of Rs.25,000/- to the complainant on 13.10.2004 together with the interest at the rate of 14% per annum from 13.9.99 to 13.10.2004. So a sum of Rs.42,792/- is to be paid by the opposite party to the complainant on 13.10.2004. The complainant contended that after obtaining the F.D. Receipt from the opposite party, the complainant entrusted the same to the VSM Hospital, Mavelikara where the complainant is working as cash security for her being employed in the Hospital. It is further stated that when FD Receipt became due for payment on 13.10.2004. The complainant collected the F.D. receipt from the VSM Hospital and presented the same for collection through her Bank, Federal bank, Kayamkulam. But the opposite party refused to make payment of the fixed deposit receipt, by their letter to the Manager, Federal Bank, dt. 13.11.2004 stating the reason that an FD loan of Rs.15,000/- is seen to have been taken from the said a/c on 13.9.99 and hence, without closing the said loan amount together with interest the FD amount cannot be withdrawn. After that the complainant addressed to the Society stating the facts. Since opposite party has refused to release the FD amount she sent complaint to the District Joint Registrar, for Co-operative Societies, Alappuzha together with the petition to the concerned Minister. But the complainant did not get any relief from the authority. Hence the complaint before this Forum. 2. The opposite party – the Service Co-operative Bank No.781, Pullikkanakku represented by the Secretary filed version. In the version it is stated that this Forum has no jurisdiction to entertain the petition and is also bar of jurisdiction of this Forum, the dispute matter under section 100 of the Co-operative Society Act, 1969. The version further stated that the complainant deposited Rs.25,000/- as fixed deposit is true and correct. It is further stated that from the records available in the Bank it is seen that the very same depositor has availed a sum of Rs.15000/- as FD loan from the bank creating charge on the deposited amount, and the complainant has not discharge the loan. Thereby bank has lien over the deposit and complainant cannot claim the deposit amount without discharging debt. The averment further shows that there is an enquiry pending against the bank by the department alleging forgery and misappropriation of funds, and the complainant has to wait still enquiry is completed and findings arrived at. 3. The complainant was examined as PW1 and marked Exts.A1 to A3. The opposite party examined as RW1 to RW4 and marked Exts.B1 to B3. 4. Considering the rival contentions of the complainant and the opposite party, this Forum raised the following issues:- (1) Whether the complainant is entitled to get back the deposited amount of Rs.25000/- with interest? (2) Whether the original fixed deposit receipt vide Rt.No.38/99-2000 dt. 13.10.04 for Rs.25000/- produced by the complainant is the real receipt (Ext.A1? (3) Whether the photo copy of Fixed Deposit Receipt vide Rt. No.38/99-2000 dt. 13.10.04 produced by the opposite party is fabricated or not (Ext.B1)? (4) Whether the copies of Loan Application and other connected documents Produced by the opposite party are genuine one (Ext.B2, B3)? (5) Whether the complainant is entitled for claims compensation from the opposite party establishing deficiency of service as averred in the complaint? 5. First Issue:- The complainant has deposited an amount of Rs.25,000/- on 13.10.2004 with the opposite party, and opposite party has issued the Fixed Deposit Receipt No.38/99-2000 dt. 13.10.2004. The Fixed Deposit shows that the opposite party has received from the complainant the said sum of Rs.25,000/- as a deposit repayable sixty one months after date with interest at the rate of 14% per annum. Complainant produced the original of the above FD receipt. She is entitled to get back the deposited amount with interest in the stipulated period itself. There is also no endorsement in the FD Receipt regarding the alleged loan sanctioned to the complainant. The allegation regarding the alleged loan transaction was only to defeat the interest of the complainant. Denial of the release of the amount is irregular, illegal and not sustainable. The first issue is found accordingly. 6. 2nd & 3rd Issues:- Complainant has produced the original fixed deposit receipt (Ext.A1). It is stated by the complainant that after getting the same from the opposite party, she was entrusted the FD receipt to the VSM Hospital, Mavelikara where the complainant is working as cash security for her having employed in the hospital. In this context it is to be noticed that the opposite party has produced a photo copy of the fixed deposit receipt issued in favour of the complainant. The writings in the receipt is quite different and it may be a fabricated one which is created to defeat the interest of the complainant. It may be a product of the present enquiry regarding forgery of misappropriation of funds in the Bank as admitted by the opposite party, since Ext.A1 is the original FD receipt. Ext.B1 document produced by the opposite party cannot be accepted as a valid document and second and third issues are found in favour of the complainant. 7. Fourth & Fifth Issues:- The opposite party produced Exts.B1 to B3 series – loan application dt. 20.3.02, Mortgage Deed, Salary Certificates to shows that they have sanctioned a loan of Rs.50,000/- to the complainant. It is noticed that the loan application was for one Smt.Anitha, Mani Mandiram, Cheravally. The complainant is Smt.T.S.Anitha, Chempakasseril, Changankulangara, Oachira, so the alleged loan application cannot be accepted since the parties are quite different. Copy of the Mortgage deed shows that it was in the year 2000 and it is silent with regard to the date of execution and other connected details to be incorporated in the loan matter. The salary certificate issued by the Finance Officer is also not acceptable since while in the box she stated that it was not for the said loan matter or for any surety purpose. So these documents are created by fraud to show the loan and cannot be accepted. Issues 4th and 5th are found in favour of the complainant. All the contentions raised by the opposite party are baseless and only to harass the complainant, by denying the release of the amount deposited by the complainant. The action of the opposite party is highly unfair and comes in the nature of cheating by denying the release of the deposited amount with interest and it will amount to criminal negligence on the part of the opposite party. The action of the opposite party will come with in the preview of “deficiency of service.” So the petition of the complainant is to be allowed with compensation and costs. In the result we direct the opposite party to release the deposited amount. (a) Rs.25,000/- (Rupees twenty five thousand only) (b) together with interest offered for deposit at the rate of 14% per annum from 13.9.1999 to 13.10.2004 and interest at the rate of 14% per annum on total sum in item No. (a) and (b) above from 13.10.2004 till date of filing the complaint with 18% interest from the date of complaint to the date of realization . We further direct the opposite party to pay to the complainant a punitive damages of Rs.25000/- (Rupees twenty five thousand only) and a cost of Rs.2000/- (Rupees two thousand only) and the entire amount shall be paid to the complainant within one month from the date of receipt of this order. Pronounced in open Forum, on this the 25th day of March, 2008. Sd/- SRI. K. ANIRUDHAN(MEMBER) Sd/- SRI.JIMMY KORAH (PRESIDENT) Sd/- SMT.N. SHAJITHA BEEVI (MEMBER) APPENDIX:- Evidence of the complainant:- PW1 - T.S. Anitha (Witness) Ext.A1 - Fixed Deposit Receipt for Rs.25000/- Ext.A2 - Letter dated 13.11.2004 Ext.A3 - Photo copy of the application Evidence of the opposite party:- RW1 - Yamuna Sreekumar (Witness) RW2 - Sankaran Potty (Witness) RW3 - Azeez (Witness) RW4 - Sheeja T.S. (Witness) Ext.B1 - Photo copy of the Fixed Deposit Receipt for Rs.25000/- Ext.B2 series - Photo copy of the Receipts, Application forms and Certificates (9 Nos.) Ext.B3 series - Loan details documents for Rs.50,000/- (4 Nos.)