IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 30th day of April, 2016
Filed on 31..01..2015
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.31/2015
Between
Complainants:- Opposite party:-
- Smt. Omana, W/o Peter Smt. Agnes Shibu (Priya James) Thottunkal House W/o Shibu @ James
Mararikkulam North Village Sasthamparambil
Ward No. 17, Chethy P.O. Mararikkulam North Village
Cherthala Taluk Ward No.17, Cherthala North
Panchayath, Cherthala Taluk
- Smt. Seema, D/o Omana -do-
- Sri. Joy, S/o Omana -do-
(By Adv. D. Vinod – for complainants)
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in precise is as follows:- The first complainant is the mother of the other two complainants. The opposite party was running banking business. The opposite party offered attractive interest and sought deposits from the complainants. On being allured by the promise and assurances of the opposite party, the first complainant during the year from 2011 to 2013 deposited a total amount of Rs.2, 10,000/- vide different payments, the 2nd complainant during the same period deposited a total amount of Rs.1, 55,000/- similarly by vide different payments, and 3rd complainant deposited vide different payments a total amount of Rs.1, 80,000/- taking a gross total to Rs.5, 45,000/-. At the time of persuading the complainants to deposit the said amounts with the opposite party, the opposite party had assured the complainant that the amount would be disbursed to the complainants on demand instantaneously. The complainants demanded the opposite party their amounts to have been handed back on 10th January 2015. The opposite party was reluctant to disburse the deposited amount to the complainant, and till date the opposite party kept away from making payments to the complainants. The opposite party committed deficiency of service. The complainants sustained mental agony at the hands of the opposite party. On being aggrieved on this the complainants approached this Forum seeking compensation and relief.
2. Notwithstanding the notice being served and substitute services being effected the opposite party did not turn up to challenge the complainant’s case. Resultantly, the opposite party was set ex-parte.
3. The complainants’ evidence consists of the testimony of the complainants and the document Ext.A1 was marked. As already observed the opposite party neither turned up nor did let in any evidence.
4. Considering all the allegations of the complainants this Forum has raised the following issues:-
1)Whether the complainants deposited the amount as claimed by them?
2)Whether the complainants are entitled to any relief?
5. The complainants’ specific case is that the complainants altogether had deposited a total amount of Rs. 545000/- (Rupees five lacks forty five thousand) with the opposite party. The complainant so deposited the amount on the allurement and assurance of the opposite party as to attractive interest and the disbursement of the amount on demand. The complainants had deposited the said amounts during the period 2001 to 2013. On 10th January 2015, the complainant sought the amount back from the opposite party. The opposite party did not make it a point to disburse the amount to the complainant. Bearing in mind the complainants’ contention alive in mind, we anxiously perused the available materials placed on record by the parties. The Ext. A1 document evinces that the complainants have deposited an amount of Rs. 545000/-(five lacks forty five thousand) with the opposite party. As we have already observed the opposite party was reluctant to turn up before this Forum or contend the complainant’s probable case which has been more furthered by the proof affidavit and Ext A1 pass book. We have no hesitation to hold that the complainant case stands well-substantiated we need hardly say, the complainants are entitled to relief.
6. In the wake of what have been elaborated supra, the opposite party is directed to give back the complainants a total amount of Rs. 5,45,000/-(Rupees five lakh forty five thousand) with 8% interest per annum from the date of filing the instant complaint till the recovery of the said amount. The opposite party shall comply with the order of this Forum within 30 days of receipt of this order.
In the result, the complaint is allowed accordingly. No order as to compensation or cost.
Sd/-Sri. Antony Xavier (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Smt. Jasmine D (Member)
APPENDIX
Evidence of the Complainant:-
Ext. A1 - Copy of the pass book issued by the opposite party
Evidence of the opposite party:- Nil.
// True Copy //
By Order
Senior Superintendent
To
Complainant /Opposite parties/S.F.
Typed by:- pr/- Compared by:-
