By Smt.Sheena.V.V., Member
The case of the complainant is that the complainant has deposited Rs.50,000/-, Rs.50,000/-, Rs.50,000/- and Rs.1,00,000/- on 14/8/2014 vide receipt Nos. 760,761,762 and 766 respectively with the opposite party. They had offered 18% interest for the deposit amount and it was matured on 14/8/2015. The opposite party has given interest upto January 2016 and thereafter there is no interest amount or principal amount returned so far. So, the complainant sent a lawyer notice on 7/3/2016 for demanding the money. But there is no remedy. The act of the opposite party amounts to deficiency in service. Hence the complainant filed this complaint for demanding the deposited amount with 18% interest and compensation.
2. On receiving the notice of the complaint, the opposite party was continuously absent. So set exparte.
3. The case is posted for evidence, the complainant filed proof affidavit and three documents produced to prove his case. The documents are marked as Exts.P1 series to P3. Ext.P1 series are the deposit receipts, Ext.P2 is the lawyer notice and Ext.P3 is the postal acknowledgement. From Ext.P1 series document, we could find the deposit amount Rs.2,50,000/- with 18% interest. There is no evidence adduced by the opposite party to the contrary. So, we could believe the affidavit and documents of the complainant. We inclined to allow this complaint and prove the deficiency in service committed by opposite party.
4. In the result, the complaint is allowed and the opposite party is directed to pay Ext.P1 series (4 Nos.) amount i.e. Rs.2,50,000/-with 18% interest from the date of filing of the complaint till realization and cost Rs.3,000/- (Rupees Three thousand only) 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 Forum this the 29th day of July 2016.
