This is a discussion on Sndp within the Judgments forums, part of the General Discussions category; ORDER SRI. K. ANIRUDHAN (MEMBER) Smt. Rachel Varghese Mammen has filed this complaint before the forum alleging deficiency in service ...
- 09-06-2009, 05:51 PM #1Administrator
- Join Date
- Sep 2008
ORDERSRI. K. ANIRUDHAN (MEMBER)
Smt. Rachel Varghese Mammen has filed this complaint before the forum alleging deficiency in service on the part of the opposite party. The contentions of the complainant are as follows:- She had deposited a sum of Rs.2,50,000/- with the opposite party. At the time of deposit, the opposite party had agreed to pay the interest at the rate of 18% per annum. The opposite party has neither pay the interest nor the principal amount after 21.8.06. She had requested the opposite party to return the principal amount and its agreed rate of interest due. But the opposite party has not taken any earnest steps to give back the deposited amount together with interest. Hence this complaint to get back the deposited amount, its interest together with compensation and cost for the gross negligence and for deficiency in service on the part of the opposite party.
2. Notice was issued to the opposite party. The notice was returned with the endorsement “unclaimed returned to the sender” – Due to the absence, the opposite party was set exparte by this forum on 8.4.09. Considering the contentions of the complainant, this Forum has raised the issues:-
1.Whether there is any deficiency in service on the party of the opposite party?
2.Compensation and Costs.
3.Issue Nos. 1 and 2:- The complainant filed proof affidavit in support of her claim and produced, document in evidence. Ext.A1 – marked – Ext.A1 is the original pass book issued by the opposite party at the time of depositing the amount. It shows that the pass book issued to the complainant after noting the deposited amount and the details of the interest paid. The pass book shows that the opposite party has paid interest up to 21.8.06 and the balance amount to be repaid comes to Rs.2,50,000/-.
4.On a careful reading of the entire matter of this case, it can be seen that the opposite party has received the deposit amount from the complainant and paid interest up to 21.8.06. The opposite party has not taken any sincere attempt to repay the principal amount and its interest inspite of repeated request of the complainant. By way of denial of the repayment of the deposited amount with interest, the opposite party has committed gross negligence and it will amount to cheating. The action on the part of the opposite party is highly illegal, arbitrary and unauthorized. The opposite party is bound to repay the amount in time to the complainant. Any kind of deviation to repay the amount will be counted for willful short coming on the part of the opposite party and the contentions raised by the complainant are genuine; and that the complainant is entitled to get compensation for the mental agony, loss in convenience and costs from the opposite party. The issues are found in favour of the complainant. Considering the whole aspects of the case were are of the strong view that the complaint is to be allowed.
In the result, we hereby direct the opposite party to return the amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) to the complainant with 18% interest for the said amount from 21.8.06 till the repayment of the amount and to pay a sum of Rs.25,000/- (Rupees twentyfive thousand only) for the mental agony, loss and inconvenience of the complainant together with a cost of Rs.2,000/- (Rupees two thousand only) for this proceedings. We further direct the opposite party to pay the said amounts to the complainant within 30 days form the date of receipt of this order.
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