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. N. Shajitha Beevi (Member)
in
C.C.No.194/2011
between
Complainants:- Opposite Parties:-
1. Smt. Annie Antony 1. LIS Deepathambham Project
W/o Antony P. Joseph Represented by its Managing Trustee
Snehalayam, Volkatt Lane Administrative Office
Vazhicherry Ward Palackal Court, M.G. Road, Kochi
Alappuzha – 688 001 Eranakulam – 682 035
2. Sri. Jojo Antony 2. Sri. P.V. Chacko, LIS
S/o Antony P. Joseph Administrative Officer
-do- -do- LIS Deepasthambham Project
Palackal Court, M.G. Road, Kochi
3. Sri. Antony P. Joseph Eranakulam – 682 035
Represented by the Power of
Attorney Holder of 1st and 2nd 3. The Manager, LIS Charitable Trust
Complainants -do- -do- Raiban Complex, General Hospital
Junction, Alappuzha
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Smt. Annie Antony, Sri. Jojo Antony and Sri. Antony P. Joseph have 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, 1st complainant had deposited a total sum of Rs.1,00,000/- and Rs.12,500/- before the firm of the opposite parties on 16.06.2005 and 30.4.2006, out of Rs. 1 lakh, she had taken a loan of Rs.65,000/- on 18/6/2007 from the opposite parties for Medical expenses and the balance amount is now outstanding in the opposite parties. Second complainant had deposited a sum of Rs.60,000/- on 28.5.2008 and 3rd complainant had deposited a sum of Rs.30,000/- on 23.6.2005 and deposited a sum of Rs.1 lakh on 19.12.2005 and further deposited a sum of Rs.12,500/- on 30.4.2006. At the time of accepting the amount from them, the opposite parties had issued the Certificate in their name showing the acknowledgement receipt of the said amounts, and that the project offered and agreed that the amount entrusted by them will fetch a minimum of twice the entrusted amount along with commission. Opposite parties had sent magazine to them, with the attractive advertisement about their firm. As per offer, they are entitled to get doubled amount with other statutory benefit after the expiry date. The opposite parties promised that the deposited amount with other benefit will be returned as and when it was demanded by them. Since there was delay to get the amount, they contacted the opposite parties several times for getting the amount with interest. But the opposite parties have not turned up and evaded for the assurance and denied payments. 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 20.10.2011.
3. Considering the allegations of the complainants, this Forum has raised the following issues for a fair adjudication:-
1) Whether the complainants are 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:- Complainants have filed proof affidavit in evidence in support of their case and produced documents – Exts A1 to A8 marked. Ext. A1 and A2 are the original Power of Attorney deeds of the first and second complainants authorizing the Power Holder, the 3rd complainant to conduct the case before the Forum. Ext.A3 is the photo copy of the deposit receipt issued by the opposite parties in favour of Smt.Annie Antony, for the amount of Rs. 1 lakh. It shows that the original of the said receipt is with the opposite parties, in connection with a loan of Rs.65,000/- availed by her from the above said deposit. Ext.A4 to A8 are the original receipts issued by the opposite parties at the time of deposit of the above said amounts before the opposite parties’ firm. The certificates are signed by the Managing Trustee with CEO and OCR. The receipts further shows that the opposite parties are acknowledging the receipt of the said amounts from the complainants.
5. Several chances were given to the opposite parties to file version. But they have not filed any version and absent in the subsequent proceedings.
6. We have verified the entire matter of this case in detail. It is alleged that on the basis of assurance given by the opposite parties, and through their advertisement the complainants had entrusted the above said amounts with the opposite parties. At the time of accepting the amounts, the opposite parties had issued original Certificates for the said amount to the complainants after acknowledged the receipt of the said amounts (Ext. A4 to A8). The certificate further shows the date of entrusting the amount, name of the party, amount entrusted, date of joining the scheme, the details of units and pas code etc. The receipts were signed by the Managing Partner of the said firm and CEO and OCR. The certificates further shows the details of the said firm at Eranakulam. Since there was refusal to return the amounts by the opposite parties as per their agreement, the complainants contacted the opposite parties on several times and requested to return the amounts. At the time of receiving the amounts, the Project offered and agreed that the amount entrusted by the complainants, will fetch a minimum of twice the entrusted amount. But contrary to the assurance, the opposite parties had not returned the said amounts to the complainants in time. The opposite parties are fully entitled to return the entrusted amounts with interest to the complainants 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 to repay the collected amounts from the complainants. 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 complainants. The opposite parties have no right to retain the amount deposited by the complainants, 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 amounts to the complainants. 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 complainants against the opposite parties are to be treated as 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 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 complainants at the time of deposit of the said amounts 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 complainants. All the issues are found in favour of the complainants. 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 balance amount of Rs.47,500/- (Rupees forty seven thousand and five hundred only) to the first 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 Rs.60,000/- (Rupees sixty thousand only) to the 2nd complainant with 24% interest from the date of acceptance of the said amount till the date of repayment of the entire amount, and pay Rs.1,42,500/- (Rupees one lakh forty two thousand and five hundred only) to the 3rd complainant with 24% interest from the date of acceptance of the said amount till the date of repayment of the entire amount, and further pay a sum of Rs.10,000/- (Rupees ten thousand only) each to the complainants as compensation for their 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 complainants in time and evaded from the assurance given by them to the complainants at the time of accepting amounts from the complainants. 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 complainants are free to proceed against the assets of the opposite parties in case any default to pay the said amounts by the opposite parties as per this order. We direct the opposite parties to pay the above said amounts to the complainants 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 & A2 - Original Power of Attorney of the 1st and 2nd complainants
Ext.A3 - Photo copy of the deposit receipt for Rs.1 lakh
Ext.A4 to A8 - Original Receipts issued by the opposite parties at the time of
deposit
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
