A.K.ANNAMALAI J. - (1.) The Respondent as complainant filed a complaint before the District Forum, Pudukkottai, alleging deficiency against the opposite parties to pay the maturity value of the 13 Kisan Vikas Patra bearing Nos.48CC 181992 to 181999 dated 21.9.98 at the matured value of Rs.2,60,000/-, to pay at least 12% interest as damages on the maturity value from the date on which it mature till realization, to pay Rs.70,000/- towards mental agony and costs. The District Forum, allowed the complaint against the opposite parties. Against the said order, this appeal is preferred by the opposite parties, praying to set aside the order of the District Forum, Pudukkottai, dated 30.06.08 in C.C.No.20/2006. This appeal coming before us for hearing finally on 15.04.2011, upon hearing the arguments of the counsel on both sides and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite parties are the appellants.
(2.) The respondent/complainant filed a complaint against opposite parties for the direction of to pay the maturity value of the 13 Kisan Vikas Patra of Rs.2,60,000/-, to pay at least 12% interest as damages on the maturity value from the date on which it mature till realization, to pay Rs.70,000/- towards mental agony and for the cost.
(3.) The details of the complaint in brief are as follows :- The complainant is the Co-operative Society with main functions of Agricultural members welfare by selling their products for the good price and to improve their status in the society under the control of State Co-operative Department and thereby the amount collected from the members at the beginning of 1998 of Rs.1,30,000/- in order to get profitable income from the same the amount was deposited with the 1st opposite party under Kisan Vikas Patras and thereby 8 deposits were made on 7.3.98 and two deposits were made on 30.3.99 which are payable after the maturity period of 5 years and other 3 deposits 11 to 13 are payable after 6 years and each deposit is having face value of Rs.10,000/- and thereby this would become double the amount on maturity and a total sum of Rs.1,30,000/- was paid for the same. When the complainant asked for the payment of 8 deposits right for maturity on 7.9.03 after the date the 1st opposite party not complied the same and after that letters were sent on 30.12.03 and 23.2.04 for which the 1st opposite party sent a reply on 19.4.04 by stating that those deposits were wrongly received against the rules and asked for the option to receive the amount with the savings bank interest rate and thereby the 1st opposite party had acted in the fraudulent manner and by keeping the deposit for 5 years to 6 years and after demanding the amount made a request for collecting the amount with the Savings Bank rate of interest is would amount to deficiency of service and thereby the complainants sent necessary letters to the 2nd opposite party and the 2nd opposite party sent reply by stating that the matter was under consideration and there was no response subsequently. Even after filing petition before the District Legal Services Authorities and failed to appear there also and thereby a legal notice was sent on 24.10.05 for which after 3 months, the 1st opposite party sent a reply that those deposits were wrongly received against the rules for which no interest could be paid and thereby the complainant sustained loss to the members of the society and they have to be compensated and hence the complaint was filed for the relief as prayed for.;