SRI.R. VIJAYAKUMAR, MEMBER. The complaint is filed for refund of deposited amount Rs.37,000/- with an interest at the rate of 12% per annum till 1.6.2006 and 18% afterwards, compensation Rs.10,000/- and cost. The averments in the complaint can be briefly summarized as follows: The complainant has deposited Rs.37,000/- on 1.6.2004 as fixed deposit for the period of 2 years. Opp.parties assured that the amount will be paid back after 2 years along with an interest at the rate of 10% per annum. But the date was wrongly recorded as 1.6.2007 instead of 1.6.2006. When the complainant approached the opp.party to draw the amount, opp.party informed him that the date was wrongly recorded as 1.6.2007and so the amount can be refunded only on 1.6.2007. After 1.6.2007 complainant demanded for the amount deposited along with interest as agreed earlier. But the opp.party purposefully delaying refund with lame excuses. On 13.3.2008 complainant sent a an advocate notice and the notice was received by opp.parties. Even then the amount was not refunded. The act of opp.party is deficiency in service and intentional harassment from the side of opp.party caused much mental agony and financial loss to the complainant. Hence the complaint. Even though sufficient opportunities were given, the opp.party were not adduced any evidence or filed version, The complainant filed affidavit. PW.1 examined. Exhibits p1 to P3 marked. The points that would arise for consideration are: 1.Whether there is any deficiency in service on the part of opp.parties 2. Compensation and cost. Points 1 and 2 As opp.parties were not adduced any evidence we could relay only upon the evidence submitted by the complainant. On a detailed verification of Ext.P1 to P3. We find that the opp.party is bound to repay the amount which was deposited as fixed deposit with interest at the rate agreed. There is deficiency in service on the part of opp.party. The point found accordingly. Hence the complaint is allowed. The opp.parties are directed to repay Rs.37,000/- @12% from the date of deposit till the payment. The opp.parties are further directed to pay Rs.5000/-as compensation and Rs.1500/- as cost. The order is to be complied with within one month from the date of receipt of this order. Dated this the 31st day of March, 2009. I N D E X List of witnesses for the complainant PW.1. – K. Raveendran List of documents for the complainant P1. – Receipt P2. – Notice P3. – Postal receipt.
......................K. VIJAYAKUMARAN : President
......................RAVI SUSHA : Member | | 
