IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of January, 2010
Filed on 22.4.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)
in
C.C.No.170/2009
between
Complainant:- Opposite Parties:-
Sri.Asokan.K.N. 1. N.S.S. Karayogam, Branch No. 1365, Athira Bhavan, Zilla Court Ward Neerkkunnam, Represented by its
Thathampally P.O., Alappuzha Dt. President Purushothama Kaimal
(By Adv. M.G. Reshu) And
its Secretary Gopalakrishnan Unnitthan
2. Sri.Purushothama Kaimal, President, NSS Karayogam, Branch No.1365, Neerkkunnam
3. Sri. Gopalakrishnan Unnithan, Secretary, NSS Karayogam No.1365, Neerkkunnam
(By Adv. K.V. Subhakumar)
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. K.N. Asokan has filed this complaint before the Forum on 22.4.2009 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd and 3rd opposite parties have assured him that they will give attractive dividend/interest out of the profit for the depositors and return the amounts on demand at any time. He had deposited an amount of Rs.1,00,000/- before the opposite parties on 20.10.2001. The opposite parties issued Receipt and pass book to the complainant. The rate of interest was fixed as 18% per month. The opposite parties had paid interest only up to 7.8.2006. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though he had contacted them several times. Since there was no positive steps to get the amount, he filed this complaint seeking relief.
2. Notices issued to the opposite parties, 3rd opposite party filed vakalath, but they have not entered appearance before the Forum. Considering the absence of the opposite parties, they were declared as exparte by this Forum.
3. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiency in service and negligence on the part of the opposite parties in repayment
of fixed deposit to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the opposite parties?
5. Issues 1 and 2:- Complainant has filed proof affidavit in the support of his case and produced two documents in evidence – Exts.A1 & A2 were marked. Ext. A1 is the original pass book and Ext.A2 is the original receipt issued by the opposite parties to the complainant. The Pass book shows that the deposited amount, interest paid etc. The book also shows the initial deposit of Rs.1,00,000/- by the complainant.
6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties, the complainant had deposited the amount of Rs.1,00,000/- before the NSS Branch No.1365 administered by the opposite parties. The opposite parties had paid interest to the complainant for the said deposited amount up to 7.8.2006. Since the opposite parties had defaulted payment of further interest, the complainant requested the opposite parties to return the principal amount with interest. But the opposite parties have not shown any effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence by way of purposeful refusal to repay the deposited amount with interest to the complainant in time. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The entire action of the opposite parties shows their irresponsible attitude towards this financial transaction. The complainant is fully entitled to get back the deposited amount with interest from the opposite parties. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment of deposited amount to the complainant in time, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant against the opposite parties are highly genuine. So the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs.1,00,000/- (Rupees one lakh only) to the complainant along with 18% interest per annum from the date of deposit, till the date of repayment of the entire amount to the complainant and further pay a compensation of Rs.10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience, loss, cheating and unfair trade practice of the opposite parties due to the negligence and deficiency in service e]on their part by way of refusal to return back the deposited amount and its interest in time to the complainant, and further pay a sum of Rs. 1,000/- (Rupees one thousand only) as costs of this proceedings. We ordered that the complainant is free to proceed against the assets of the opposite parties in case any default on the side of the opposite parties to repay the said amounts to him. We further direct the opposite parties to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 29th day of January, 2010.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass Book
Ext.A2 - Original Receipt
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
