IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of March, 2010
Filed on 13.08.09
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.272/09
between
Complainant:- Opposite Parties:-
Sri.P.S.Muhammed, 1. M/s. Providence Finance,
Anwar Manzil, Eramalloor-688 537, Cherthala Thaluk.
Aroor Panchayat,
Chandiroor.P.O., 2. M/s. Providence Chitty Fund,
Cherthala Thaluk. Eramalloor-688 537, Cherthala, Alappuzha.
3. Smt.Joyse Antony,
Naalampurackal Veedu,
Padinjattukara Thekkum Mury,
Thuravoor, P.O., Cherthala Thaluk.
4. Smt.Kathreena Augustine,
-do-
5. Sri.Varghese Antony,
-do-
6. Sri.Willson Antony,
-do-
7. Sri.Siby Augustine,
-do-
8. Sri.Saji Augustine,
-do-
9. Sri.Sojan Augustine,
-do-
10. Smt.Sony, W/o Jiby,
Thaazheth Veedu,
Ezhupunna South .P.O.,
Cherthala, Alappuzha.
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
The complainant case is that the 1st and the 2nd opposite parties are firms that carry out chitty and financial business in the name and style 'Providence Finance' and Providence Chitty Fund respectively. The 3 to 10 opposite parties are the partners as well as the administrators of the said firm. The complainant on 25th January 2007 deposited an amount of Rs.1,00,000/-(Rupees one lac only) with the opposite parties. Similarly, the complainant, on 15th March 2007 subscribed a chitty with the opposite parties and remitted a total amount of Rs.16,875/- (Rupees sixteen thousand eight hundred and seventy five only) in the said chitty. The opposite parties issued separate pass books to the complainant wherein the statement of accounts as to the deposit amounts and chitty remittance are clearly noted down. The complainant availed interest for the deposit amount only up to 30th August 2008 from the opposite parties. By the end of 2008, the opposite parties locked up their firms and stopped functioning. The complainant on a number of occasions approached the opposite parties and demanded the deposit amount and chitty amount with interest from the opposite parties. The opposite parties declined to hand back the amount the complainant deposited with them. There is deficiency of service on the part of the opposite parties. The complainants sustained immeasurable mental agony. Aggrieved on this the complainants approached this Forum.
1. Notwithstanding notices was sent to the opposite prates, they did not appear before this Forum or file version and they were set expartie.
2. The evidence of the complainant filed proof affidavit and the documents Exbts. A1 to A2 were marked.
3. Bearing in mind the contentions of the complaint the sole question arises for consideration is:-
Whether the complainant is entitled to the relief sought for?
4. We carefully perused the materials placed before us. We went through the three Account books and the Pass books. The complainant case stands well-substantiated by the evidence put on record by the complainant. It appears from the respective pass books that the complainant has deposited the amounts with the opposite parties, and the opposite parties disbursed the offered interest only for some time. It is also manifest from Exbt A2 that the complainant has subscribed a chitty as claimed by him. As we have already observed, the opposite parties did not make it a point to turn up or filed version to refute the case of the complainant. Needless to say the case of the complainant case stands unassailed. We are of the considered view that the complainant is entitled to the relief sought for.
In the result, the opposite parties are directed to pay the complainant an amount of Rs.1,00,000/-(Rupees one lac only) with interest @12% from September 2008, till its realization. The opposite parties are further directed to pay to the complainant the chitty amount of Rs.16,875/- (Rupees sixteen thousand eight hundred and seventy five only) with 12% interest from the date of the receipt of this order. The complainant is also entitled to a compensation of Rs.5,000/(Rupees five thousand only) from the opposite parties. The complainant is at liberty to recover the said amounts both from the movable and immovable assets of the 1st and the 2nd opposite parties and the respective shares of the other opposite parties. The opposite party shall comply with the order within 30 days of receipt of this order.
The complaint is allowed accordingly. No order on cost.
Pronounced in open Forum on this the 31st day of March, 2010.
.
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Proof affidavit in lieu of position
Ext. A1 - The copy of the pass book A/c.No.12/2007
Ext. A2 - The copy of the chitty pass book Chitty No.222
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
