D.O.F:25/03/2022

                                                                                                  D.O.O:25/08/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.55/2022

Dated this, the 25^th  day of August 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Joseph.V.M

Varanath,

Beemanadi.P.O

Kasaragod – 671314                                               : Complainant

And

The Manager

The Kasaragod District Co- Operative Rubber

Marketing Society Ltd No: C – 325 Chittarikkal. P.O                 : Opposite Party

Kasaragod – 671314

                             ORDER

SMT.BEENA.K.G: MEMBER

     The complainant Sri. V.M Joseph is alleging deficiency in service and unfair trade practice on the part of Opposite Party.  The Kasaragod district co-operative rubber marketing as they failed to refund the FD amount of the complainant  on maturity.  The brief facts of the case is that the complainant was working as a loading employ under Opposite Party and during that time he had an agricultural income of Rs. 4,08,247/- with him which was saved for the purpose of marriage of his daughter.  The complainant deposited the aforesaid amount with Opposite Party on different dates and the due dates of the deposits are already over.  The complainant approached the Opposite Party many times for the refund of the aforesaid amount but Opposite Party not turned up so far.  Hence the complaint for refund of the total FD amount with interest.

            Notice of Opposite Party served, but they did not came to appear before this commission.  Name of Opposite Party called absent set exparte.

            The complainant filed proof affidavit in lieu of chief examination.  The documents produced by the complainant is marked as Ext A1 to A6.  Heard the complainant.  The issues raised for consideration are:-

1. Whether there is deficiency of service or unfair trade practice on the part of Opposite Party?

2. If so for what is the relief?

     Hence complainant was an employ of Opposite Party and he deposited his agricultural income of Rs. 408247/- with Opposite Party as FD and the afore said fixed deposit is matured long back.  Even though the complainant approached Opposite Party for the refund of the matured amount with interest, the amount is not disbursed so far.  The complainant produced FD receipts 6 in No. FD receipt Ext A1 for Rs. 50,000/- due date 08/03/2013., Ext A2 for Rs. 60,000/- due date 30/07/2013, Ext A3 for Rs. 1,00,000/- due date 4/03/2014 , Ext A4 Rs. 80,000/- due date 29/07/2014, Ext A5 for Rs. 40,000/-  due date 30/08/2015, Ext A6 for Rs. 78,247 due date 25/02/2020.

            Considering the affidavit and documents, we are of the view that complainants case tallies with the documents produced by him.  In the absence of contra evidence complaint’s case stands proved.  The Opposite Party is bound to refund the SB amount on maturity.  Due to the deficiency of service and unfair trade practice of the Opposite Party, complainant suffered huge loss and mental agony.  The loss and mental agony of the complainant is to be compensated in terms of money.  They complaint is allowed directing the Opposite Parties to refund Rs. 4,08247/-  with interest as agreed from the date of deposit along with cost. 

     Therefore the complaint is allowed and the Opposite Party’s are jointly and severally directed to refund the amount of fixed deposits as follows:-

1. FD No. 010722 for Rs. 50,000/- with interest at the rate of 10.25% per annum from 08/03/2013 till the payment.
2. FD No. 010792 for Rs. 60,000/- with interest at the rate of 10% per annumfrom 30/07/2013 till the payment.
3. FD No. 011096 for Rs. 1,00,000/- with interest at the rate of 10% per annum from 04/03/2013 till payment.
4. FD No. 000482 for Rs. 80,000/- with interest at the rate of 10% per annum from 29/07/2013 till the date of payment.
5. FD No. 001282 for Rs. 40,000/- with interest at the rate of 10.25 % per annum from 30/08/2014 till the date of payment .

The opposite parties are also directed to pay Rs. 50,000/- (Rupees Fifty thousand only) towards compensation for mental agony and hardships and Rs. 5000/- (Rupees Five thousand only) as costs.

     The time for compliance is the 30 days from the receipt of copy of this judgement.

          Sd/-                                                             Sd/-                                        Sd/-

    MEMBER                                                  MEMBER                              PRESIDENT

Exhibits

A1- FD receipt No:010722 Rs. 50,000/-

A2- FD receipt No: 010792 Rs. 60,000/-

A3- FD receipt No: 011096 Rs. 1,00,000/-

A4- FD receipt No: 000482 Rs. 80,000/-

A5-  FD receipt No: 001282 Rs. 40,000/-

A6- Receipt  Rs. 78,247/-

       Sd/-                                                              Sd/-                                          Sd/-

MEMBER                                                      MEMBER                              PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/