26th day of August 2015
C.C.59/14 filed on 31/1/14
Complainant : Indira Sahasranamam, W/o.Dr.Sahasranamam,
SKS Bldg., Naikannal, Thrissur. (Amended as
per IA.648/15)
(By Adv.K.C.Viswambaran, Thrissur)
Opposite Party : Trichur Handicraft Workers Industrial Co-
operative Society Ltd. No.C.IND®193, rep. by
Secretary.
O R D E R
By Sri.P.K,.Sasi, President
The case of the complainant is that she has deposited Rs.5,000/- with opposite party on 2/8/07 and that was matured on 2/8/09. The opposite party offered 10% interest for the deposit. After maturity the complainant requested the opposite party to return the deposit amount. Whereas the opposite party has told that the deposit has already suo moto renewed by them and evaded the payment of deposit. Even after repeated demands the opposite party has not returned the amount. Hence on 17/5/13 a lawyer notice was issued to opposite party demanding deposit amount with interest. Even after accepting the notice the opposite party has not returned the amount. The act of the opposite party by not returning the deposit amount even after maturity date amounts to unfair trade practice as well as deficiency in service on their part. Hence this complaint is filed.
2. After receiving the complaint, notice was issued to opposite party. The notice was returned by stating that the opposite party society is locked. Hence notice was served by substitute service by publishing in newspaper. Even then the opposite party neither appeared before the Forum nor submitted any version. Hence set exparte and posted for complainant’s evidence.
3. The complainant was present and filed proof affidavit in which she has affirmed all the averments stated in the complaint in detail. She also produced five documents which are marked as Exts.P1 to P5. Ext.P1 is fixed deposit receipt dated 2/8/07, Ext.P2 is copy of lawyer notice dated 17/5/13, Ext.P3 is postal receipt, Ext.P4 is A/D card and Ext.P5 is bill of publication.
4. Since there is no contra evidence before us, we are inclined to accept the complaint. We have perused the contents of the affidavit as well as documents produced by the complainant. Ext.P1 fixed deposit receipt would go to show that the complainant has deposited Rs.5,000/- with the opposite party at the rate of 10% interest. Ext.P1 would also go to show that the due date of the deposit was 2/8/09. Ext.P2 copy of lawyer notice would go to show that the complainant has demanded the deposit amount and Ext.P4 A/D card would go to show that the notice was accepted by the opposite party. Considering points discussed hereinabove, we are of the opinion that the complainant is entitled to get deposit amount covered as per Ext.P1 receipt with 10% interest along with cost. We are also of the opinion that by not returning the amount even after demands made, will amounts to unfair trade practice as well as deficiency in service committed by the opposite party.
5. In the result, we allow this complaint and the opposite party is directed to return Rs.5,000/- (Rupees Five thousand only) with 10% interest from 2/8/07 till realization along with Rs.5,000/- (Rupees Five thousand Only) as compensation for unfair trade practice as well as deficiency in service committed by the opposite party with Rs.3,000/- (Rupees Three thousand only) as costs of this complaint to the complainant within one month from receiving the copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of August 2015.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1 fixed deposit receipt dated 2/8/07
Ext.P2 copy of lawyer notice dated 17/5/13
Ext.P3 postal receipt
Ext.P4 A/D card Ext.P5 bill of publication.
Id/-
President
