IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of December, 2011
Filed on 09.05.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.159/2011
between
Complainant:- Opposite Parties:-
Sri. Mathewkutty T.M. 1. The Manager, M/s. LIS (regd.)
Thaivelikkakom Branch Office
Neerkkunnam, Vandanam P.O. Deepasthambham Jyothi
Alappuzha – 5 Project, DLS Kaichoondy
(By Adv. Pradeep Kumar Joseph) Near Vidya Theatre
Alappuha – 6
2. The Managing Trustee
(LIS Deepasthambham Project) R..O.No.3005, 12th Main, 8th Cross
Hall 2nd Stage, Indira Nagar
Bangalore – 38, Karnataka
3. The Chief Executive Officer
LIS (regd.), Administrative Office
Palackal Court, Near Shenoy’s
M.G. Road, Eranakulam – 682 035
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. Mathewkutty has filed this complaint on 09.05.2011 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.31,250/- before the firm of the opposite parties on 29.07.2005 for 50 units. At the time of accepting the amount from him, the opposite parties had made believe that they shall repay the amount when demanded by him. Several times he demanded to repay the amount, since delay to repayment committed by the opposite parties. On 6.4.2009 he filed refund application Since there was delay to get the amount, he contacted the opposite parties again for getting the amount with interest. But the opposite parties have not turned up and evaded from the assurance. Hence this complaint seeking relief.
2. Notices were issued to the parties. Opposite parties have not entered appearance before the Forum and not filed any version, even though they had accepted notice of this Forum. Considering their absence, opposite parties were set exparte by this Forum on 17.11.2011.
3. Considering the allegations of the complainant, this Forum has raised the following issues for consideration:-
1) Whether the complainant is entitled to get back the entire amount with interest 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 produced documents in evidence in support of his case one document – Ext.A1 marked. Ext.A1 is the original “Deepasthambham Project” Receipt dated 29.07.2005 for a sum of Rs.31,250/-issued by the opposite parties at the time of receiving the amount from the complainant. It shows that the date of joining the scheme on 29.07.2005. 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 said amount from the complainant.
5. We have verified the entire matter involved in this case in detail. On the basis of assurance given by the opposite parties, the complainant had entrusted the amount of Rs.31,250/- before the opposite parties’ firm. At the time of accepting the amounts, the opposite parties had issued original Certificates for the said amount to the complainant after acknowledged the receipt of the said amounts. The certificate further shows the date of entrusting the amount, name of the complainant, amount entrusted, date of joining the scheme and password etc. The receipt 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 assurance, the complainant contacted the opposite parties on several times and requested to return the amount with interest. The receipt further shows that the refund application received by opposite parties on 6.4.2009 from the complainant. 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 back the deposited amount with interest to the complainant and that the complainant has every right to get back the amounts 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 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. The opposite parties have no right to retain the amount deposited by the complainant without repayment on the basis of the nature of deposit. It is further noticed that even though, the opposite parties have accepted the notices of this Forum, they have not cared to appear before this Forum to explain the reason for refusal to pay the amount to the complainant. It shows their irresponsible attitude against this financial issue. The whole action taken by the opposite parties 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 amount from him. 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 as prayed for.
In the result, for the ends of justice, we hereby direct the opposite parties to return the collected amounts of Rs.31,250/- (Rupees thirty one thousand two hundred and fifty only) to the complainant with 18% interest from the date of acceptance of the said amount by the opposite parties ie. on 29.07.2005, till the repayment of the entire amount, and pay a compensation amount Rs.25,000/- (Rupees twenty five thousand only) for the mental agony, pain, sufferings, inconvenience, harassment, loss and physical strain of the complainant 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 amounts 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 the complainant. We further direct the opposite parties to pay an amount of Rs.2,500/- (Rupees two thousand and 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 said amounts to him 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 December, 2011.
Sd/- Sri. K. Anirudhan
Sd/- Sri. Jimmy Korah
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Exts.A1 - Deepasthambham Project deposit receipt dated 29.07.2005
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
