P.S. GANAPATHY VINDHYA PERUMPUZHA, KOLLAM Vs. MANAGING DIRECTOR, KSFE LTD. AND ANR. BADRATHA MUSEUM ROAD, TRISSUR

JUDGEMENT

(1.) This is a revision petition against the order dated 28.03.2016 passed by Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (for short, 'State Commission') in Appeal no.321/2014, which was filed by the petitioner against the order dated 11.04.2014 passed by District Consumer Disputes Redressal Forum, Kollam (for short, 'District Forum') in C.C. No.77 of 2012.

(2.) The case of the petitioner/complainant is basically on two issues. One, the OPs, i.e., Managing Director and Manager of KSFE Ltd. did not pay interest of 10% against FD No.9667 of Rs.40,000.00 for the period of 27.03.2010 to 18.6.2011 amounting to Rs.4892.72; and two, the OPs collected an excess interest amount to Rs.113.12 as interest on gold loan of Rs. 17,000.00 availed by him on 16.02.2010 which was redeemed on 7.10.2010. For compensation towards damages, mental agony, financial loss, humiliation, court expenses, travelling etc., the petitioner has also claimed an amount of Rs.50,000.00 with interest 18% from 18.6.2011, the date on which his FD was closed by the OPs, which in the eyes of the petitioner was a deficiency in service.

(3.) Briefly, the facts of the case are that the petitioner joined in the firm of the OPs as a subscriber in Chitty No.16-07 with Chital No.59 on 20.07.2007. The chitty period was 50 months and the chitty (sal) amount was Rs.50,000.00 Soon after joining, in Nov. 2007, the petitioner successfully bid the chitty for Rs.15,000.00 and was awarded prise money of Rs.35,000.00 He received this amount of Rs.35,000.00 by pledging two FDs viz. FD No.9261 of Rs.15,000.00 and FD No.9667 of Rs.40,000.00. In the latter FD of Rs.40,000.00, there was also an element of loan of Rs.20,000.00 availed against the security of the FD.