IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 28th day of February, 2011
Filed on 29.09.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.243/2010
between
Complainant:- Opposite Parties:-
Sri. Harikkuttan 1. The General Secretary
Devaswomparamb, P.O. Pazhaveed Nayar Service Society
Alappuzha, Now residing at NSS Head Quarters, Perunna
Acha Madom, P.O. Avalookkunnu Changanasserry, Kottayam
Pin – 688 006, Ambalappuzha Taluk (By Adv. B. Sivadas)
Alappuzha District
2. NSS Karayogam, NSS Branch No.
1365, Neerkkunnam, Ambalappuzha Taluk, Alappuzha – 5, Represented by its Secretary
3. President, NSS Karayogam No.
1365, Neerkkunnam
Ambalappuzha Taluk
Alappuzha – 5
4. The Secretary, NSS Karayogam No.1365, Neerkkunnam
Ambalappuzha Taluk
Alappuzha – 5
(By Adv. K.V.Subhakumar –
Opposite parties 2 to 4)
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Complainant has filed this complaint before the Forum through his Power of Attorney Holder Sri. Siva Sankara Kurup on 29.09.2010 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 1st opposite party is the General Secretary, Nair Service Society, 4th opposite party is the Secretary of the 2nd opposite party – NSS Karayogam No.1365, Neerkkunnam, 3rd opposite party is the President of the above Karayogam. The opposite parties 1 to 3 have assured the depositors that they will invest the funds in different ventures and make profits thereof will be distributed among the investors reasonable ratifications payable on monthly basis. The entire operation of the Karayogam is being carried out by the opposite parties. Complainant deposited a total sum of Rs.1,00,000/- before the Karayogam on 12.09.2005. The opposite parties 2 to 4 had issued pass book showing the deposit of the same. The opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount, he filed this complaint seeking relief.
2. Notices issued to the opposite parties, they had appeared before this Forum, and they were filed version.
3. In the version of the 1st opposite party, he contended that had contended that the 1st opposite party is incorporate as a company under the provisions of the Companies Act. The 1st opposite party has never authorized the other opposite parties or anybody else to start Financial Scheme by receiving fixed deposit. The complainant has never availed the service of the service of the opposite parties as alleged in the petition.
4. In the version of the opposite parties 2 to 4, they had contended that the 2nd opposite party is a voluntary associates and there are numerous members in the association. The opposite parties 3 and 4 are the office bearers of the 2nd opposite party and they have no personal interest in the subject matter of the petition. The claim of the complainants is hopelessly barred by limitation.
3. Considering the contentions of the parties, this Forum has raised the following issues:-
1) Whether there is any deficiently in service and negligence on the part of the
opposite parties in repayment of fixed deposit to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties?
5. Issues 1 and 2:- Complainant’s Power of Attorney Holder has filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 and A2 marked. Ext. A1 is the original pass book . Ext.A2 is the original receipt issued by the opposite parties 2 to 4 to the complainant at the time of depositing the amount. The book shows that an amount of Rs.1,00,000/- is the outstanding to be released. The opposite parties have no oral evidence.
6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties, the complainants had deposited the amount in the Karayogam administered by the opposite parties. The opposite parties had not paid interest to the complainant for the said deposited amount. Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the amount with interest. But the opposite parties have not shown any effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence in repayment of deposited amount with interest to the complainant in time. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is entitled to get back the deposited amounts with interest fully. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment to the depositors, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant against the opposite parties are highly genuine. So the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, for the ends of justice, we hereby direct the opposite parties 2 to 4 to return the deposited amount of Rs.1,00,000/- (Rupees one lakh only) with 12% interest per annum from 07.08.2006 till the date of payment to the complainant and pay a compensation of Rs.10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence on the part of the opposite parties by way of refusal to return back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs. 2,000/- (Rupees two thousand only) as costs of this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 28th day of February, 2011.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass Book
Ext.A2 - Receipt
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
