By Sri. P.K. Sasi, President :
The case of the complainant is that he has deposited Rs.50,000/- with the opposite party at the rate of 18% interest on 14/08/2014. The deposit became due on 14/08/2015. The opposite party paid interest up to January 2015. After that the opposite party neither paid any amount as interest nor returned the deposit amount. The act of the opposite party amounts to deficiency in service on their part. Hence a lawyer notice was issued on March 2016. Even after accepting the notice no relief received. Hence this complaint was filed for getting relief.
2) On receiving complaint, notice was properly sent to the opposite party, even after accepting the notice the opposite party neither appeared before the forum nor submitted any version. Hence the opposite party set ex-parte and posted after complainant’s evidence.
3) From the side of complainant he has appeared before the forum and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 3 documents which are marked as Exts.P1 to P3. Ext. P1 is Deposit Receipt dtd. 14/08/2014, Ext. P2 copy of lawyer notice dtd. 07/03/2016 with Postal Receipt and Ext. P3 A/D Card.
4) Since there is no contra evidence before us we are inclined to accept the proof affidavit filed by the complainant. We have gone through the contents of the affidavit and perused the documents produced. Ext. P1 would go to show that complainant has deposited Rs.50,000/- as a term deposit with 18% interest p.a. with the opposite party. The deposit was due on 14/08/2015. If there is any contra evidence for the opposite party they ought to have been appeared before the forum and submitted their version. Here nothing has been done by the opposite party. Therefore, we are of the opinion that the opposite party has committed deficiency in service towards the complainant.
In the result we allow this complaint and the opposite party company is directed to return Rs.50,000/- (Rupees Fifty thousand only) with 18% interest from February 2016 onwards along with Rs.1,500/- (Rupees One thousand five hundred only) as cost of the complaint to the complainant within one month from receiving copy of this order. Failing which the complainant is entitled to get 18% interest till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of August 2016.
