By Sri.P.K,.Sasi, President
The case of the complainant is that she has made 5 deposits with the 1st opposite party company office at Vatanappally as follows:
(1)Receipt No.1120 dtd.2/12/10 of Rs.50,000/- with15% interest p.a.
(2)Receipt No.202 dtd.30/1/13 of Rs.50,000/-with 18% interest p.a.
(3)Receipt No.301 dtd. 20/9/13of Rs.50,000/- with 18% interest p.a.
(4)Receipt No.333 dtd.24/12/13 Rs.50,000/-with 18% interest p.a.
(5)Receipt No.200 dtd. 9/12/14 of Rs.50,000/- with15% interest p.a.
The1st opposite party paid interest only upto 2016 June. Thereafter neither any interest paid nor the deposit amount returned. The act of the opposite parties amounts to deficiency in service on their part. The complainant demanded the deposit amount. But no relief received. Hence this complaint is filed for getting relief.
2. On receiving the complaint, notice was issued to all the opposite parties. But all notices returned stating abolished and left. Hence all the opposite parties set exparte. and posted for complainant’s evidence. From the side of complainant she has appeared before the Forum and submitted proof affidavit, in which she has affirmed and explained all the averments stated in the complaint in detail. She has produced five documents, which are marked as Exts.P1 to P5. Exts.P1to P5 are fixed deposit receipts.
3. Since there is no contra evidence available before us, we are inclined to accept the proof affidavit and heard the complainant’s counsel in detail. We have gone through the contents of affidavit and perused deposit receipts produced. The Exts.P1 to P5 deposit receipts would go to show that the complainant had made five deposits of Rs.50,000/- each . Altogether she is entitled to get back Rs.2,50,000/- from the opposite party with interest. The opposite parties committed deficiency in service as well as unfair trade practice, since the opposite parties stopped functioning of the company without giving the deposit amount. If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version.
4. In the result we allow this complaint and the 1st opposite party company is directed to return Rs.50,000/- + 50,000/= 1,00,000/- (Rupees One lakh only) with 15% interest and Rs.50,000/- + Rs.50,000/- + Rs.50,000/- (Rupees One lakh and fifty thousand only) with 18% interest from July 2016 to the complainant within one month from receiving copy of this order. Failing which the complainant is entitled to get 12% interest for all those amount till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 13th day of December 2019
Sd/- Sd/-
Dr.K.Radhakrishnan Nair P.K.Sasi, Member President.
Appendix
Complainant’s Exhibits
Exts.P1to P5 Deposit receipts
Id/-
President