IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of November, 2011
Filed on 19.07.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.251/2011
between
Complainant:- Opposite Party:-
Sri. P.J. Rajan Sri.Joy John, Managing Partner
Kaleekkal Plamoottil DLS Jyothis Project
Pilappuzha Muri CRH Complex, 2nd Floor
Haripad Village # 40//8942 C, M.G.Road
Karthikappally Taluk Eranakulam District
O R D E R
SMT.N.SHAJITHA BEEVI (MEMBER)
Sri.P.J.Rajan has filed this complaint on 19.07.2011 before the Forum alleging deficiency in service on the side of the opposite party. The allegations are as follows: As per the personal instigation of the opposite party, he had deposited a total sum of Rs.1,02,000/- before the firm of the opposite party on different dates. At the time of accepting the amount from him, the opposite party had issued a Beneficiary Certificate and that the project offered and agreed that the amount entrusted by them will fetch a minimum of twice the entrusted amount and that the beneficiary will receive the entrusted amount and will pay back after maturity. As per offer, he is entitled to get double of amount on the expiry date. The opposite party promised that the deposited amount will be returned as and when it was demanded by him. Since there was delay to get the amount, he contacted the opposite party several times. But the opposite party9 have not turned up. Hence this complaint seeking relief.
2. Notices were issued to the parties. Opposite party was absent and they set exparte on 14.10.2011.
3. Considering the allegations of the complainant, this Forum has raised the following issues for a fair adjudication:-
1) Whether the complainant is entitled to get back the entire amount with interest from the opposite party?
2) Whether there is any deficiency in service on the side of the opposite party?
3) Compensation and costs.
4. Issues 1 to 3:- Complainant has filed proof affidavit and produced documents in evidence in support of his case. Documents – Exts.A1 to A3 marked. Exts.A1 to A3 are the original Beneficiary Certificates. The certificates show that a sum of Rs.1,02,000/- from the complainant was accepted by the opposite party. The certificate was signed by the Managing Partner. The opposite party is acknowledged the receipt of the said amounts. The certificates show that the details of the opposite party’s firm.
5. We have examined the whole matters involved in this case in detail and perused the documents given by the complainant in evidence and heard the case.
6. On the basis of assurance given by the opposite parties, the complainant had entrusted the amount of Rs.1,02,000/- in the name of the complainant on different dates. At the time of accepting the amount, the opposite party had issued Beneficiary Certificates for the said amounts to the complainant (Exta.A1 to A3). On verification of the said certificates, it can be seen that the date of entrusting the amount, name of the beneficiary, amount entrusted, date of expiry date and pas code etc. The Certificates were signed by the Managing Partner of the said firm. The certificates further show the details of the said firm at Eranakulam. After the maturity of the said amount as per their assurance, the complainant requested the opposite party to return the amount. At the time of receiving the amount, the Project offered and agreed that the amount entrusted by the complainant will fetch a minimum of twice the entrusted amount. On verification, it can be seen that the opposite party had not returned the said amount to the complainant in time. The entrusted amount comes only in the nature of deposited amount. The opposite party is fully entitled to return back the amount with interest to the complainant and that the complainant has every right to get back the amount with interest. The whole actions of the opposite party shows their irresponsible nature, fraudulent steps, cheating nature and unfair trade practice. The opposite party cannot escape from the liability by raising unnecessary contentions to the complainant. The action of the opposite party shows that their malafide intention to defeat the interest of the complainant by way of purposeful refusal to repayment of amounts with interest in time. If the opposite party is facing any legal action from the side of the Police regarding the working of the firm, the complainant is not at all liable for that. The opposite party has no right to retain the amounts entrusted by the complainant without repayment. The opposite party has purposefully evaded from the liability of repayment. The whole action taken by the opposite party in this financial case shows their illegal attitude and arbitrary nature. After considering the facts and circumstances of this case, we are of the strong view that the allegations raised by the complainant against the opposite parties are highly genuine. The whole facts of this case, further shows that the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite party by way of purposeful denial to repay the deposited amount to the complainant with interest in time and evaded from the assurance given by them to the complainant at the time of accepting the said amounts by the opposite party’s firm. Since there is grossest deficiency in service, culpable negligence, unfair trade practice and cheating on the side of the opposite party, they are fully liable to pay compensation and costs to the complainant. All the issues are found in favour of the complainant. Hence, after considering the whole facts of this case, we are of the view that the complaint is to be allowed.
In the result, for the ends of justice, we hereby direct the opposite party to return the accepted amounts of Rs.1,02,000/- (Rupees one lakh and two thousand only) to the complainant with 24% interest from the date of entrusting the amounts with opposite party till the repayment of the entire amount, and pay an amount of Rs.10,000/- (Rupees ten thousand only) as compensation for his mental agony, pain, sufferings, harassment, loss, inconvenience and physical strain due to grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite party by way of purposeful denial to repay the amount with interest to the complainant in time and evaded from the assurance given by them to the complainant at the time of accepting the amounts from them. We further ordered that the opposite party shall pay an amount of Rs.1,000/- (Rupees one thousand only) to the complainant as the costs of this proceedings. We further ordered that the complainant is free to proceed against the assets of the opposite parties in case any default to pay the amount as per this order. We direct the opposite party to pay the above said amounts to the complainant within 30 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 30th day of November, 2011.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah
Sd/- Sri. K. Anirudhan
Appendix:-
Evidence of the complainant:-
Exts.A1 to A3 - Original Beneficiary Certificates (3 Nos.)
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
