IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 30th day of November, 2010
Filed on 22.01.09
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.26/09
between
Complainants:- Opposite Party:-
1. Smt.Umadevi, D/o Chandramathy, K.K.Thulaseedharan,
Velikkakathu, Vettackal.P.O., Cherthala. @K.K.Thulaseedas,
Secretary,
2. Sri.Raju, S/o Chandramathy, Premier Trust,
Rajnivas, Kanichukulangara.P.O., Kollamparambil Veedu,
Mararikkulam North Village. Vettackal.P.O.,
Cherthala.
3. Sri.Jayaraj, S/o Chandramathy, (By Adv.Anila Kumar.G)
- do -
(By Adv.P.S.Sujith)
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Smt.Umadevi, Sri.Raju and Sri.Jayaraj, the legal heirs of late Smt.Chandramathy have filed this complaint on 22.01.09 before the Forum, alleging deficiency in service on the side of the opposite party.
1. The allegations are as follows:- The opposite party was engaged in the business of accepting deposits from the public, advance money for interest, and for pledging gold through the firm M/s.Premier Trust (Regd) Vettackal. While so, first among them had deposited a sum of Rs.25,000/- (Rupees twenty five thousand only) on 17.12.1992 and also deposited a sum of Rs.15,000/- (Rupees fifteen thousand only) and Rs.10,000/- (Rupees ten thousand only) on 15.09.1992 by the first among them, along with her mother late Smt.Chandramathy. The opposite party had agreed to pay interest at the rate of 12% at the time of deposit. Their mother Smt.Chandramathy expired and they are the legal heir of the said Chandramathy. The opposite party had paid interest up to June 1996. After that the opposite party had denied repayment of the deposited amount and its interest. Hence this complaint seeking relief.
2. Notice was issued to the opposite party. He entered appearance before the Forum and filed version. In the version it is stated that the matter will not come within the perview of this Forum, and the complainants are not the Legal heir of the late Smt.Chandramathy. The complainants have no cause of action on the basis of the dates noted on 15.12.2008 and 24.12.2008. It is stated that the allegation regarding the setting up of “Premier Trust” and the statements regarding the business are totally false. The Trust was registered during the period 1997 under ‘The Trust Act’. The allegation regarding the payment of interest up to June 1996 was false, and denied the allegation regarding the misuse of such funds for their personal purpose. The complaint is filed by non-joinder of necessary parties, and that the complainant is not entitled to get any relief.
3. Considering the contentions of the parties, this Forum has raised the following issues for consideration.
1) Whether there is any deficiency in service on the side of the opposite party?
2) Whether the complainants are entitled to get the deposited amounts?
3) Other relief?
Issues 1 to 3
4. The complainants have filed proof affidavit in support of their case and produced the documents in evidence and the 1st complainant has been examined as PW1 and cross examined by the opposite party. Documents produced marked as Ext.A1 to A6. Ext. A1 is the Fixed Deposit Receipt vide dated 17.12.1992 for a sum of Rs.25,000/- (Rupees twenty five thousand only) issued by the opposite party in favour of Smt.Uma Devi. Ext.A2 is the Fixed Deposit Receipt dated, 15.09.1992 for a sum of Rs.10,000/- (Rupees ten thousand only) issued to Smt.Chandramathy and Smt.Uma Devi by the opposite party. Ext.A3 is the Fixed Deposit Receipt dated, 15.09.1992 for a sum of Rs.15,000/- (Rupees fifteen thousand only) issued to Smt.Chandramathy and Smt.Uma Devi. Ext A4 is the Death Certificate dated, 31.08.2000 relating to the death of Smt.Chandramathy on 28.07.2000. Ext. A5 is the Legal heir certificate dated, 03.08.2009 issued by the Village Officer, Mararikkulam North, showing the details of Legal heir of Smt.Chandramathy. Ext. A6 is the report of Sri.Thulaseedas, relating to the transaction of Trusts Properties including gold items.
5. The opposite party filed proof affidavit and produced only 3 documents in evidence and marked the same as Ext. B1 to B3. Ext. B1 is the order of the Consumer Disputes Redressal Forum, Alappuzha dated, 16.06.2006, in the Case No.OP/301/2001 filed by Sri.P.C.Mathai against Sri.K.K.Thulaseedharan (the opposite party in this case) and 6 others of M/s.Premier Trust. In the above case, Sri.Thulaseedharan was the Secretary of the above Trust and the Forum directed the Trust Secretary and others to pay back the deposited amounts to the petitioner of the said case. Ext. B2 is the details of the Trust, which was collected by Smt.Seema Ravindran by way of Right to Information Act, from the Sales Tax Department, Alappuzha. It shows that the above Trust was registered as per Money Lending Act vide Reg.No.P-26 and the registration was in the name of Sri.Thulaseedas, and further shows that the Trust was in existence up to 1998-’99 Financial Year only, and its business closed in the year1998-’99. Ext. B3 is the certified copy of the Bye Law of the said Trust.
6. The opposite party has not cross examined the complainant or filed any counter affidavit, even though several chances were given to the opposite party for that matter.
7. We have heard the matter in detail and perused the documents produced by both sides in evidence and verified the deposition of the complainant. The complaint is filed to get back the amount deposited by the first complainant along with their deceased mother Smt.Chandramathy. It is contended that the Fixed Deposit Receipts (Ext. A1 to A3) were issued to them after signed by the Chairman and the Secretary of the said Trust at the time of issuing the Deposited Receipts. It is further contended that Sri.Rajappan was the Chairman of the Trust at that time, and that Sri.Rajappan was involved in the misappropriation of funds in the said trust. Ext. B1 shows that the said Rajappan was the 3rd opposite party in the case filed before the Forum by Sri.P.C.Mathew. Ext. B3 shows (Bye Laws of the Trust) shows that the Chairman and the Board has the full administrative power of the Trust. But in this case, the complaint is filed against Sri.K.K.Thulaseedharan, the Trust Secretary only. So it can be seen that the complaint is bad for non-joinder of the Trust President and the Board Members in the complaint.
As per the B3 document executed as 15.13.1997 shows that the Secretary will be the Paid Employee. So the complainants claim for amount from the Secretary of the said Trust above cannot sustain. As per the Ext. A1 to A3 the maturity period will be over on 1993 and 1994. Ext. B2 shows that the Trust was not in operation from 1998-’99. In this context, it is to be noticed that the complainants have not claimed the amount as per the maturity period ie., on 1993-’94. The complainant claimed the amounts only on 2008, by way of issuing the notice to the opposite party vide 24.12.2008. Considering all the above facts and circumstances of this case, and after perusal of the documents in evidence, We are of the view that the allegation of the complainants cannot be entertained as a genuine matter, since it has no merit, and it cannot be say that there is any deficiency in service and negligence on the side of the opposite party in connection with the said Transaction. All the issues are found in favour of the opposite party. In this respect, after considering the whole aspects of this case, we are of the further view that the complaint is to be dismissed.
Hence the complaint dismissed. No order as to cost.
Pronounced in open Forum on this the 30th day of November, 2010.
Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainants:-
PW1 - Umadevi (Witness)
Ext. A1 - The original Fixed Deposit Receipt dated, 17.12.1992 for an amount of Rs.25,000/-
Ext. A2 - The original Fixed Deposit Receipt dated, 15.09.1992 for an amount of Rs.10,000/-
Ext. A3 - The original Fixed Deposit Receipt dated, 15.09.1992 for an amount of Rs.15,000/-
Ext. A4 - The copy of the Death Certificate dated, 31.08.2000
Ext. A5 - The Legal heir certificate dated, 03.08.2009 issued by the Village Officer,
Mararikkulam North
Ext. A6 - The Report of Sri.Thulaseedas (Secretary), relating to the transaction of Trusts
Properties including gold items
Evidence of the opposite party:-
Ext. B1 - The order of the Consumer Disputes Redressal Forum, Alappuzha dated, 16.06.2006
Ext. B2 - The copy of the letter shows that the Trust was under Money Lending Act Reg.No.P-26
Ext. B3 - Bye Law of the Trust
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
