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Filing criminal case when appeal is pending in the State Consumer Redressal Commission.for the same subject matter

(Querist) 28 January 2009 This query is : Resolved 
I was having a chitty in Kerala State Financial Enterprises (Govt.of Kerala)(KSFE). The chitty prized to me and the prized amount Rs.70000/-deposited in FD on 18-04-2002 at the branch of 3rd accused, for three years, ie. up to 18-04-2005, at the rate 9.5%. The FD was kept as surety for the future payments of the chitty installments. As per Complainant’s request the monthly interest of the FD Rs.554/- has been adjusted in the monthly installments of the chitty.

Due to the negligence, from the part of KSFE, continued allowing the interest of the FD, Rs.554/- for the months May 05, June 05, July 05, Aug 05, even after the expiry of the date of maturity of the FD and an amount Rs.2216/- (Rupees two thousand two hundred sixteen only) (Rs.554/-) was adjusted excess in the Chitty installments for the months June 05, July 05, August 05 and September 05.

When the mistake was observed, the KSFE deliberately renewed the FD with retrospective effect, that is from the date 18-04-2005, at a lesser interest rate 6.5%, for a term of another three years with out Complainant’s consent and intentionally adjusted the said excess interest amount from the interest of the renewed FD without giving a notice even. In the name of recouping the excess interest already adjusted, they had also deducted Rs.84/- from my Savings Account, without my consent and without giving a notice to me. I was remitting full chitty installments in cash, from the month Oct. 2005 onwards without allowing any interest adjustments in it.

The KSFE defended her action by saying that the FD was under surety to their chitty and denied to alter their actions already taken from their side. So, the Complainant was forced to lift the lien on the FD, and surrendered it on 13-03-2006 for payment with a request to treat it as an unrenewed matured FD as on 18-04-2005. On surrendering such unrenewed FD, the 2nd accused should have been allowed the permissible savings interest 5.5% for the period 18-04-2005 to 12-03-2006, as per their own provisions. But my request was refused and treated the FD as a renewed FD and subjected for a pre mature closure and allowed diminished rate of interest 4.5% for the aforesaid period.

While making payment to the surrendered FD, the KSFE has given a lesser amount Rs.68986/-, under the pretext of excess interest adjustments and diminished rate of interest. Even if, the FD was subjected for a diminished rate and the adjustment of the excess interest are made from the amount, I was eligible to get more amount than Rs.68986/-. The 2nd accused had recovered more amount than Rs.2216/-, the excess amount supposed to be adjusted. The KSFE conveniently ignored the fact that Rs.84/- was also deducted from the sugama savings account of mine for the purpose. When I pointed out this error the KSFE claimed that their calculation was absolutely correct and the dues to be adjusted from the FD was Rs.3790/-.

The matter was taken before the Hon’ble District Consumer Dispute Redressal Forum (CDRF), Kollam, vide CC.No.128/2006. With a view to win the case by any means, the KSFE filed false affidavit before the Hon’ble CDRF, Kollam stating that I was not paying the full chitty instalment. This affirmation was absolutely false, as I was remitting full chitty installments in cash in the chitty from the month October 2005 onwards and as such there was only Rs.2216/- dues required to be settled/adjusted. There was no dispute/default in the payment of the said chitty installments from the 1st installment till date other than the excess interest adjustment made in the chitty during the months June 05, July 05, August 05 and September 05. For this I have original receipt for the payment of monthly installment. But the KSFE has filed a false affidavit before the Hon’ble CDRF, Kollam, claiming Rs.3790/- (instead of Rs.2216/-) was required to be realized from the disputed FD as it was already credited in the chitty installments from the month 05/2005 to 02/2006.

PALNITKAR V.V. (Expert) 29 January 2009
There is no prohibition to have both the remedies. You can have both the remedies simultaneously provided that a good case is made out in criminal law for fraud or cheating as the case may be.
Uma parameswaran (Expert) 30 January 2009
Keep the confidence that u could win .Appeal is pending only.Produce all the available documents and communicate before the court clearly.If you fail you can move to High court also.Bringing the culprit before the law is very necessary.So try your level best in Appelate Court.I want to ask a qustion .Why u wrote KSFE as "HER"?
J. P. Shah (Expert) 30 January 2009
adv. rajeev ( rajoo ) (Expert) 17 April 2009
U can file cheating case against the co.,Consumer case is different from criminal. consumer is for deficiency in service.

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