SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019, seeking direction against the OP to pay Rs.40,000/- which was the balance deposit amount unpaid by OP and also pay Rs.15,000/- as interest with compensation.
Complaint in brief :-
On 5/9/2023, the complainant had deposit Rupees 2 lakhs under daily deposit scheme in OP’s Chalode branch. After a month, the complainant came to know that many branches of OP were under closure and thereafter the complainant lodged a police complaint to get back his money and on the basis of complaint , the complainant somehow managed to get his Rs.1,60,000/- out of Rupees 2 lakhs. The branch of OP at Chalode was closed down and balance Rs.40,000/- is unpaid by OP to complainant and thereby the complainant constrained to suffer monetary loss and hardship hence this complaint.
After filing the complaint, notice was issued to OP, which was returned with an endorsement that “Door locked intimation given”. The OP has not appeared before the commission and not filed any version. Hence the commission held that the OP has no version and the case proceed against the OP as set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and document. Accordingly the complainant has chosen to produce his affidavit and one document marked as Ext.A1. Ext.A1 is the original pass book issued by OP dtd.5/9/2023. The complainant was examined as PW1. So the OP remains absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance into the evidence before the commission in order to answer the issue of deficiency in service from the part of OP as prayed in the complaint. The OP here in is set exparte and the complainant is bound to prove his case. Here Ext.A1 is the only document produced by complainant against OP to prove his case. On the perusal of Ext.A1 original pass book dtd.5/9/2023, which is seen as issued by OP to the complainant, it is apparent that Rs.2,00,000/- was deposited by complainant on 5/9/2023 and after that total amount of Rs.1,35,000/- was withdrawn from OP’s branch was evident from Ext.A1. The withdrawal of balance amount of Rs.25,000/- is not seen as per Ext.A1. But the complainant had clearly admitted that he had received Rs.1,60,000/- in total, from OP. Here, the Ext.A1 goes in tune with the averment made by complainant in the complaint as well as chief affidavit. From the available evidence , the commission came into a conclusion that the OP is liable for deficiency in service for the balance amount of Rs.40,000/- which was unpaid by them and the complainant is entitled to get compensation also.
In the result complaint is allowed in part. The opposite party is directed to pay Rs.40,000/- which was unpaid balance amount by the opposite party to the complainant and also Rs.7000/- as compensation and Rs.5000/- as cost of litigation to the complainant within 30 days of receipt of this order. In default the amount of Rs. 40,000/- carries interest @10% per annum from the date of order till realization. If the opposite party fails to comply the order, complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Ext. A1- Pass book
PW1-Roopesh.P.V-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
