Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
15th day of December 2022
CC 337/20 filed on 09/09/20
Complainant: James, S/o Francis, Kuruthukulangara House,
Marathakkara.P.O, Thrissur
(By Adv.A.N.Satheesh Kumar, Thrissur)
Opposite Parties: 1. Roy Moyalan, Moyalan House, Padavaradu,
P.O.Ollur, Thrissur.
2. M.T.R, Rep.by Proprietor Roy Moyalan,
Moyalan House, Padavaradu, P.O.Ollur, Thrissur.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
Complainant made a fixed deposit of Rs.3,00,000/- on 19/11/13 with 2nd opposite party owned by 1st opposite party at an interest rate of 18% for 5 years and for which they issued FDR No.259. Complainant received Rs.65,000/- towards interest for the period from 20/12/13 to 22/01/16. On maturity the complainant demanded to pay back the fixed deposit amount along with balance interest. The opposite party failed to pay it. The act of the opposite party amounts to deficiency in service. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced one document which is marked as Ext.A1. Ext. A1 is the Deposit Certificate bears No.259 dated 19/11/13 amounted Rs.3,00,000/-.
4) We have gone through the pleadings and documents produced by the complainant. Ext.A1 fixed deposit receipt establish the case of the complaint. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result complaint allowed and hereby direct the opposite parties to pay Rs.3,00,000/- (Rupees Three lakh only) with interest @ 12% from 23/01/16 to till realization. The opposite parties are further directed to pay Rs.10,000/-(Rupees Ten thousand only) as compensation and Rs.2,500/- (Rupees Two thousand five hundred only) as cost to the complainant within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Deposit Certificate bears No.259 dt. 19/11/13 amounted Rs.3,00,000/-.
Id/-
Member
