BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C. No. 229/2013 Filed on 13.06.2013
Dated: 31.12.2013
Complainant:
R. Radhamma, Kuzhivila Puthen Veedu, Kurisumuttom, Peyad P.O.
(Party in person)
Opposite parties:
- President, Thiruvananthapuram Jilla Public Service Society, Valiyottukonam, Perukavu P.O, Thiruvananthapuram-695 573.
- Secretary, Thiruvananthapuram Jilla Public Service Society, Valiyottukonam, Perukavu P.O, Thiruvananthapuram-695 573.
(By adv. B. Ashok Kumar)
This C.C having been taken as heard on 12.12.2013, the Forum on 31.12.2013 delivered the following:
ORDER
SMT. LIJU B. NAIR : MEMBER
Complainant herein is one Smt. Radhamma. She is a fixed deposit holder of the Thiruvananthapuram Jilla Public Service Society, the opposite party in this complaint. Her case is that she had remitted Rs. 3,68,000/- in various fixed deposits in various dates with the opposite party society. All of them matured long ago and from the date of maturity itself she is continuously demanding for closure of the said fixed deposits to enable her to get back the money along with the assured interest. But all her efforts for that were turned around by the opposite party stating some reason or another. Since her continuous demands were not fruitful, she approached this Forum to get back the amount she invested in the fixed deposits along with interest.
On being served, opposite party entered appearance and filed version. Maintainability was raised as the preliminary issue alleging limitation and no cause of action against the opposite party. There is no deficiency in service or unfair trade practice on the part of the opposite parties and as such they are not bound to pay any compensation as prayed by the complainant. Complainant is not entitled to any of the reliefs claimed. All the allegations raised by the complainant are baseless and false and so the complaint is to be dismissed with cost to the opposite parties.
Points raised for consideration are:-
- Whether the complaint is maintainable before this Forum?
- Is there any deficiency in service on the part of the opposite parties?
- Relief and cost if any.
Complainant filed chief affidavit along with 9 documents which were marked as Exts. P1 to P9. No affidavit was filed by the opposite party and they failed to produce any documentary proof to substantiate their evidence. Complainant’s affidavit stands uncontroverted.
Point (i):- Opposite parties raised the question of maintainability as a preliminary issue and they filed a separate petition to that effect. They are challenging the maintainability on the ground of limitation. On going through the records produced by the complainant, it is clear that all the fixed deposits are done through the year 2008 to 2010. Whatever be the year of deposit, all of them are for a period of six months. So as per Consumer Protection Act 1986, the cause of action should be within two years. On that point, there is limitation, but the cause of action is to be taken from the last date of occurrence of the alleged complaint. Here, from the date of maturity of the fixed deposits itself, she is continuously approaching the opposite parties for refund. So, we are of the considerate view that cause of action is a continuous one, and is still continuing also. Also the amount deposited by the complainant is still held by the opposite party. So the question of limitation does not arise here. So the complaint is maintainable before this Forum. Maintainability is decided accordingly.
Points (ii) & (iii):- Complainant produced documents to prove her claim, which were marked as Exts. P1 to P9. Ext. P1 is the copy of fixed deposit receipt for Rs. 10,000/- with 24% interest which was due on 02.10.2008. Copy of fixed deposit receipt dated 31.05.2008 with due date 31.11.2008 for Rs. 25,000/- with 24% interest is Ext. P2. Ext. P3 is another copy of fixed deposit receipt for Rs. 22,000/- which fell due on 17.01.2009. Ext. P4 is for Rs. 1,50,000/- with due date 01.05.2009 with 24% interest. Rs. 37,000/- is seen on Ext. P5 with 20% interest to be paid 04.07.2010. Ext. P6 is for Rs. 40,000/- only with 18% interest with due date 24.10.2010. Rs. 20,000/- is seen deposited on 29.04.2010 with due date 29.10.2010 also with 18% interest, as per Ext. P7. Ext. P8 is for Rs. 22,000/- only, again with 18% interest with due date 20.11.2010. Rs. 42,000/- is seen deposited on 17.06.2010 with 18% interest, which falls due on 17.12.2010. Ext. P10, P11 and P12 are some receipts given for payments towards fixed deposit.
On perusal of these exhibits it is clear that all the deposits are not taken on a fixed interest. There is variation, but in all of them the maturity period is after 6 months from the date of deposit. As per the exhibits the total amount will come to Rs. 3,68,000/-. Out of which complainant admits that she got Rs. 5,000/- back. So she is limiting her claim to Rs. 3,63,000/-. Opposite party filed a version before this Forum. On going through the same, there is not even a single whisper about these accounts or refund or about the other allegations raised by the complainant in her complaint. Only a vague reply is seen filed by them. This itself throws light on the deficiency and unfair trade practice done by the opposite parties. If this money was with the complainant for these years, and had it been deposited in any nationalized bank, she might have been getting interest for the same. Undue enrichments was there for the opposite parties from 2008 to till date with the complainant’s money. So the complainant is eligible for adequate interest for her amount with the opposite party. For the unfair trade practice of the opposite parties complainant is eligible for compensation also.
On going through the exhibits P1 to P9, it is seen that for every deposit, interest rate was different. But the term remains the same. So we hereby order the opposite parties to refund the amount with the specified interest noted in the receipts Exts. P1 to P9 upto maturity date. From the next day of maturity date to the date of realization, complainant is eligible to get 9% interest. Rs. 5,000/- is ordered as compensation and Rs. 2,000/- as cost.
In the result, complaint is allowed. Opposite parties are directed to refund the fixed deposit amounts as per Exts. P1 to P9 with the interest rate specified in each certificate up to the date of maturity specified on production of original fixed deposit receipts. From the next day of maturity to the date of realization, 9% interest is ordered on all deposits. This amount is to be given within a month of receipt of this order. If the order is not complied within this period, opposite parties are liable to pay 12% interest, opposite parties are also directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as cost to the complainant. From any of the deposit, Rs. 5,000/- can be deducted from the principal, since it has been refunded already.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31st day of December 2013.
Sd/-
LIJU B. NAIR : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
R. SATHI : MEMBER
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C.C. No. 229/2013
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of Fixed Deposit Receipt dated 02.04.2008 for Rs. 10,000/-
P2 - Copy of Fixed Deposit Receipt dated 31.05.2008 for Rs. 25,000/-.
P3 - Copy of Fixed Deposit Receipt dated 17.07.2008 for Rs. 22,000/-.
P4 - Copy of Fixed Deposit Receipt dated 01.11.2008 for Rs. 150000/-.
P5 - Copy of Fixed Deposit Receipt dated 04.01.2010 for Rs. 37,000/-.
P6 - Copy of Fixed Deposit Receipt dated 24.04.2010 for Rs. 40,000/-.
P7 - Copy of Fixed Deposit Receipt dated 29.04.2010 for Rs. 20,000/-.
P8 - Copy of Fixed Deposit Receipt A/c No. 84/10 for Rs. 22,000/-.
P9 - Copy of Fixed Deposit Receipt dated 17.06.2010 for Rs. 42,000/-.
P10 - Receipt dated 20.05.2010 for Rs. 22,000/- issued by opposite party.
P11 - Copy of receipt for Rs. 20,000/- issued by opposite party.
P12 - Copy of receipt for Rs. 40,000/- issued by opposite party.
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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