Rosamma George, filed a consumer case on 26 Jul 2008 against Chairman, Sreepadam Trust in the Alappuzha Consumer Court. The case no is CC/220/06 and the judgment uploaded on 30 Nov -0001.
Chairman, Sreepadam Trust K.N.Pavithran, Secretary, K.S.Sajeevan M.T.Pavithran, Member S.N.Shaji(Thyagarajan) Member S.Pushkaran, Member V.E.Viswan V.Rajeevan, President
...........Respondent(s)
BEFORE:
1. JIMMY KORAH 2. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Smt. Rosamma George has filed the complaint before this forum alleging deficiency in service on the part of the opposite parties. The brief fact of the case of the complainant is as follows: - The complainant had deposited a total amount of Rs. 5,00,000/- on different dates before the opposite parties, M/s. Sreepadam Trust Board, Alappuzha. It is further contended that the said transactions are evidenced and passbook issued by the opposite parties to the complainant and the account No. is 179/28. But the opposite parties have not returned the deposited amount to the complainant in spite of repeated request. Since the complainant has not received a positive response to release the amount with interest from the opposite parties, she has filed this complaint alleging deficiency in service on the part of the opposite parties. 2. Notice was issued to the opposite parties. The opposite parties entered appearance. But version filed by opposite parties 2, 4, 5 and 7 only. In the version of the opposite parties 2, 4, 5, it is stated that the 1st opposite party is not a trust and denied the acceptance of amount and issue of passbook and opposite parties have not contacted the complainant for deposit. It is stated that the complainant is not entitled to get the deposited amount together with 18% interest from the opposite parties. It is further stated that the 8th opposite party under the direction of the 3rd opposite party, has misappropriated the funds of M/s. Sreepadam Trust. In the version of the 7th opposite party, he has stated that there is no deficiency in service on his part and he has no knowledge about the transactions of the complainant with the 1st opposite party. It is further stated that he is not responsible for the deposit amount and interest at the rate of 18% and he has no knowledge about of the issue of passbook. 3. Considering the contentions of the parties this Forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Compensation and costs. 4. On the side of the complainant she has produced the original pass book-Ext. A1 issued by the Sreepadam Funds Kanjiaram Chira, Alappuzha, showing the account No. 179/28, Folio No. 1258. Pass Book shows the details of remittance made by the complainant from 07-03-2005 up to 05-08-2005. The pass book further shows that there is an amount of Rs. 5,00,000/- is the outstanding amount. In the proof affidavit complainant stated that on different dates she has deposited amounts before the opposite parties and present outstanding amount with interest comes Rs. 6,29,750/- is to be obtained. She further stated that she has to get the said amount from the opposite parties, since they are jointly and severally liable to give back the amount. 5. On a perusal of the complainant and documents given in evidence and after the careful examination of the deposition we are of the view that the contention of complainant is genuine and it is to be allowed, since there is deficiency in service on the part of the opposite parties. The issues are found in favour of the complainant. Hence we hereby direct the opposite parties to repay the deposited amount of Rs. 5,00,000/- (Rupees Five Lakh only) to the complainant with 18% of interest per annum with a compensation of Rs. 10,000/- (Rupees Ten Thousand only) for gross negligence on the part of the opposite parties and a cost of Rs. 2,000/- (Rupees Two Thousand only) to the complainant. We further direct the opposite parties to pay the said amount to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 26th day of July, 2008. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N.Shajitha Beevi APPENDIX Evidence of the Complainant: PW1 - Rosamma George Ext.A1 - Photocopy of Passbook A/c No. 179/28 Evidence of the Opposite Parties: NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by: