By Smt.Sheena.V.V., Member :
The case of the complainant is that the complainant had deposited Rs.6,00,000/- with the opposite party on 1/10/2014 vide receipt No.887. The opposite parties had offered 18% interest and due date was 1/10/2015. After 31/8/2015 the opposite party did not give the interest to the deposited amount as offered. So, the complainant was demanded the deposited amount with interest. But no remedy so far. The complainant sent a lawyer notice on 26/11/2015 and never returned the deposit amount with interest. The act of opposite party amounts to deficiency in service. Hence the complaint.
2.On being received the notice of the complaint, the opposite party entered appearance through counsel and vakkalath filed. But the opposite party get so many chances to file the version, they neither filed version nor adduced any evidence. So, the name of the opposite party called and absent, so set exparte.
3. The case is posted for complainant’s evidence, the complainant filed proof affidavit and three documents produced, which are marked as Exts.P1 to P3. Ext.P1 is the deposit receipt to show the deposit amount Rs.6,00,000/-, Ext.P2 is the lawyer notice and Ext.P3 is the postal acknowledgement. Believing the affidavit of complainant and documents adduced, we could convince that the complainant was deposited Rs.6,00,000/- with the opposite party. There is no evidence contrary by opposite party. By the lack of evidence adduced by opposite party, we could find the deficiency in service committed by opposite party.
4. In the result the complaint is allowed and opposite party is directed to return Rs.6,00,000/- (Rupees Six lakh only) to the complainant with 18% interest from the date of due on 30/9/2015 till realization and Rs.3,000/- (Rupees Three thousand only) as cost and compensation 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 31st day of August 2016.
