D.O.F:05/03/2021

                                                                                                  D.O.O:17/08/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.60/2021

Dated this, the 17^th  day of August 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

S. Shivasubhrahmanya Bhat (aged 56 years)

S/o Keshava Bhat, R/at Shulluvalamoole,

Enmakaje village, Manjeshwar Taluk, P.O Perla                            : Complainant

(Adv: Shivashankar Bhat)

And

1. The Kasaragod District Co-operative Rubber

Marketing Society Ltd

Chittarikkal Village and Post, Kasaragod District 671326

Rep. by its Managing Director

2. The Managing Director

The Kasaragod District Co-operative Rubber

Marketing Society Ltd                                                                          : Opposite Parties

Badiadka Depot,Chittarikkal Village and Post,

Kasaragod District 671326

3. The President

The Kasaragod District Co-operative Rubber Marketing Society Ltd

Chittarikkal Village and Post, Kasaragod District 671326

                             ORDER

SMT.BEENA.K.G: MEMBER

The complaint is alleging deficiency of service and unfair trade practice on the part of Opposite Party, the rubber marketing society as they failed to return the FD amount of the complainant on maturity.

      The complainant is an agriculturist.   The Opposite Party is a rubber marketing society and al the rubber products of the complainant are sold to Opposite Party.  In the year 2018 September more than Rs. 4,00,000/- are in the account of the complainant with the Opposite Party.  The Opposite Party requested the complainant to deposit the said amount in a fixed account scheme maintained by them. So that he will get 10% interest per annum over the deposit amount. The period of FD was one year.  As per the request of the Opposite Party the complainant deposited two Fixed deposits of Rs. 2,00,000/- each with Opposite Party in the fixed deposit and received receipts.  The complainant continued to sell his rubber sheet to the Opposite Party and for the same they have issued chequs to the complainant and for the same and there are litigation pending between the parties.  After maturity of the fixed deposit the complainant went to the Office of Opposite Party and requested to return the amount covered in FD.  But Opposite Party requested two more months’ further time to repay the amount as there is some financial difficulty going on.  Several times the complainant demanded Opposite Party to return the FD amount.  Finally on 21/08/2021 the complainant requested to return the fixed deposit amount with interest but Opposite Party refused the same.  Due to the deficiency of service and unfair trade practice on the part of Opposite Party is the complainant suffered heavy loss and damages and he has to borrow amounts from his friends for the marriage of his son.  Hence Opposite Party is liable to refund the amount covered by the Fixed deposits of Rs. 2,00,000/- each and to compensate the damages incurred to the complainant to the tune of Rs. 2,00,000/- with 10% interest from the date of deposit till payment along with compensation and cost.

     The notice of Opposite Party served but Opposite Party failed to appear before the commission.   Name of Opposite Party called absent set exparte.

     The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext A1 and A2.  Heard the complainant.

     The issues raised for the consideration are:-

1. Whether there is deficiency of service or unfair trade practice on the part of Opposite Party?
2.  If so what is the relief?

For convenience issue No: 1 and 2 can be discussed together.

Complainant produced 2 Fixed deposit receipts for 2,00,000/- issued by opposite party from 19/09/2017 the date of FD till maturity 19/09/2018 and is marked as Ext A1 and A2.

Here the complainant who is an agriculturist used to sold his rubber sheets with Opposite Party society and Opposite Party advised the complainant to deposit the said amount in a fixed account scheme maintained by him so that the complaint will get with an interest at the rate of 10% for the amount. As per the request of Opposite Party the complainant deposited 2 fixed deposits separately for Rs. 2,00,000/- with Opposite Party. The complainant produced A1 and A2 receipts for the deposit.

On maturity when complainant approached the opposite party to collect the entire amount they failed to refund the same,

In the absence of rebuttal evidence complainant is entitled to get the deposited amount back with 10% interest from 19/09/2017 (date of deposit till realization) with compensation and cost.

Therefore complaint is allowed directing opposite party No.1 to 3 jointly and severally to refund Rs.4,00,000/- to the complainant with 10% interest from 19/09/2017 (from the date of deposit) till realization with Rs. 50,000/-(Rupees Fifty thousand only) ascompensation and Rs.5000/-(Rupees Five thousand only) as cost.

Time for compliance is 30 days from the date of receipt of copy of the order.

Sd/- Sd/- Sd/-

MEMBERMEMBERPRESIDENT

Exhibits

A1- Fixed deposit receipt No: 000582 Rs. 2,00,000/-

A2- Fixed deposit receipt No: 000581 Rs. 2,00,000/-

Sd/- Sd/- Sd/-

MEMBERMEMBERPRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/