IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of October, 2011
Filed on 07.06.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.193/2011
between
Complainant:- Opposite Parties:-
Sri. Abraham Mathew 1. LIS Deepathambham Project
Chavadiyil Veedu Represented by its Managing Trustee
Kalarcode, Sanadanapuram P.O. Administrative Office
Pin – 688 003, Ambalappuzha Taluk Palackal Court, M.G. Road, Kochi
Alappuzha District Eranakulam – 682 035
2. Sri. P.V. Chacko, LIS Administrative
Officer, LIS Deepasthambham Project
Palackal Court, M.G. Road, Kochi
Eranakulam – 682 035
3. The Manager, LIS Charitable Trust
Raiban Complex, General Hospital
Junction, Alappuzha
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.Abraham Mathew has filed this complaint on 07.06.2011 before the Forum alleging deficiency in service on the side of the opposite parties. The allegations are as follows: As per the personal instigation of the opposite parties, and through advertisement by offering attractive benefits, he had deposited a total sum of Rs.1,00,000/- before the firm of the opposite parties on 19.12.2005. At the time of accepting the amount from him, the opposite parties had issued the Certificate in his name showing the acknowledgement receipt of the said amount, and that the project offered and agreed that the amount entrusted by him will fetch a minimum of twice the entrusted amount along with commission. Opposite parties had sent magazine to him, with the alternative advertisement. As per offer, he is entitled to get double amount with other statutory benefit after the expiry date. The opposite parties promised that the deposit amount with other benefit will be returned as and when it was demanded by him. Since there was delay to get the amount, he contacted the opposite parties for getting the amount with interest. But the opposite parties have not turned up and evaded for the assurance. Hence this complaint seeking proper relief.
2. Notices were issued to the parties. Opposite parties are not entered appearance before the Forum and not filed any version, even though they had accepted notice of this Forum. Considering their absence, the opposite parties were set exparte by this Forum on 19.10.2011.
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 amount from the opposite parties?
2) Whether there is any deficiency in service on the side of the opposite parties?
3) Compensation and costs?
4. Issues 1 to 3:- Complainant has filed proof affidavit and documents in evidence in support of his case and produced 2 documents – Exts A1 and A2 marked. Ext. A1 is the original Certificate dated 19.12.2005 for a sum of Rs.1,00,000/- (Rupees one lakh only) issued to the complainant by the opposite parties at the time of receiving the amount by them. It shows that the date of joining the scheme on 19.12.2005. The certificate was signed by the Managing Trustee with CEO and OCR. The receipt further shows that the opposite parties are acknowledging the receipt of Rs.one lakh from the complainant. Ext. A2 is the Receipt dated, 19.12.2005 issued by the opposite parties to the complainant at the time of accepting the said sum of Rs.1,00,000/- .
7. We have verified the entire matter of this case in detail. On the basis of assurance given by the opposite parties, the complainant had entrusted the amount of Rs.1,00,000/- (Rupees one lakh only). At the time of accepting the amounts, the opposite parties had issued original Certificate for the said amount to the complainant after acknowledged the receipt of the said amount (Ext. A1). The certificate further shows the date of entrusting the amount, name of the party, amount entrusted, date of joining the scheme and pas code etc. The receipts were signed by the Managing Partner of the said firm and CEO and OCR. . The certificate further shows the details of the said firm at Eranakulam. Since there was refusal to return the amount by the opposite parties as per their agreement, the complainant contacted the opposite parties on several times and requested 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. But contrary to the assurance, the opposite parties had not returned the said amount to the complainant in time. The opposite parties are fully entitled to return the entrusted amount with interest to the complainant and that the complainant has every right to get back the amount with interest. On verification of the entire matter of this case, we are of the view that the whole actions of the opposite parties show their fraudulent steps, cheating nature and their unfair trade practice. The opposite parties cannot escape from the liability in repayment of the collected amount by the opposite parties from the complainant. We are of the further view that the action taken by the opposite parties in this case was purposeful refusal to deny the repayment of amount with interest to the complainant. If the opposite parties are 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 parties have no right to retain the amount deposited by the complainant, without repayment. It is further noticed that even though, the opposite parties have accepted the notices of this Forum, they have not cared to appear before the Forum to explain the reason for refusal to pay the amount to the complainant. The whole action taken by the opposite parties in this financial matter shows their illegal attitude, arbitrary and cheating 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 to be treated as highly genuine. The whole facts of this case, shows that the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties by way of purposeful denial to repay the amount to the complainant with interest in time and evaded from the assurance given by them to the complainant at the time of deposit of the said amount before the opposite parties firm. Since there is grossest deficiency in service, culpable negligence and cheating on the side of the opposite parties, 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 parties to return the accepted amount of Rs.1,00,000/- (Rupees one lakh only) to the complainant with 24% interest from the date of acceptance of the said amount by the opposite parties till the repayment of the entire amount, and pay a compensation amount of Rs.25,000/- (Rupees twenty five thousand only) to the complainant 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 parties by way of purposeful denial to repay the amount with interest to the complainant time and evaded from the assurance given by them to the complainant at the time of accepting amount from the complainant. We further direct the opposite parties to pay an amount of Rs.2,500/- (Rupees two thousand five hundred 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 parties 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 31st day of October, 2011.
Sd/- Sri. K. Anirudhan
Sd/- Sri. Jimmy Korah
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original Certificate dtd. 19.12.2005
Ext.A2 - Receipt dtd.19.12.2005
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
