SMT. N. SHAJITHA BEEVI (MEMBER)<br /> <br /> Complainant Sri.M Nazeer has filed this complaint before this Forum alleging deficiency in service on the part of the opposite parties. The main contention of the complainant is that on 7.6.2002 the opposite parties had conducted auction proceedings at the site of Vellakinar Water Tank compound, Alappuzha for the sale of an Air Compressor. The complainant was a hider in that proceedings after remitting a sum of Rs.4300/- by demand draft by submitting the quotations. In the said proceedings complainant’s quotation was the 2nd one considering the rate quoted. But so far the opposite parties have not taken a decision for the release of the Air Compressor. So the opposite parties have not release the earnest money of Rs.4300/-. Since the complainant has not received the deposited amount or any further information regarding that the complainant has filed the complaint for relief.<br /> 2. Notice was issued to opposite parties and they were entered appearance before this Forum and filed version. It is submitted that the earnest money was deposited after security vouchers, including the deposit amounting to Rs.4300/- of the complainant is now with the P.H. Mechanical Division, Nettoor under the P.H. Division, Cochin-16 as revealed from the list of earnest money deposit and securities hand over by the opposite parties.<br /> 3. Considering the contentions of the parties this Forum has raised the issue, whether there is any deficiency in service on the part of the opposite parties?<br /> 4. We have perused the complaint, affidavit and documents given in evidence, we are of the view that the deposited amount of the complainant is still in the custody of opposite parties. The opposite parties have not so far informed any details regarding the said auction proceedings to the complainant. The denial of the release of the deposited amount without sufficient reason will come under the purview of deficiency in service. The point raised by the Forum is found in favour of the complainant.<br /> In the result we hereby directing the opposite parties to release the deposited amount of Rs.4300/- (Rupees four thousand and three hundred only) to the complainant along with a compensation amount of Rs.2000/- (Rupees two thousand only) for gross negligence on the part of the opposite parties and a cost of Rs.1000/- (Rupees one thousand only) for this proceedings. We further direct the opposite parties to pay the above said amount to the complainant within one month from the date of receipt of this order. <br /> Complaint allowed.<br /> Pronounced in open Forum on this the 16th day of June, 2008.<br /> Sd/- SMT. N. SHAJITHA BEEVI:<br /> Sd/- SRI. JIMMY KORAH :<br /> Sd/- SRI. K. ANIRUDHAN:<br /> <br /> APPENDIX:- <br /> Evidence of the complainant:- <br /> Ext.P1 - Photo copy of the cash receipt for Rs.4325/-<br /> Ext.P2 - Photo copy of the counter foil<br /> Ext.P3 - Photo copy of the letter dated 7.11.2003<br /> <br /> <br /> Evidence of the opposite parties:- Nil<br /> // True Copy //<br /> By Order<br /> <br /> Senior Superintendent<br /> To<br /> Complainant/Oppo.parties/S.F.<br /> Typed by:-pr/- Compared by:-<br /> <br /> <br />