IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of March, 2012
Filed on 31.12.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.427/2011
between
Complainant:- Opposite Parties:-
Sri.C.K. Janardhanan 1. N.S.S. Karayogam, Branch No. 1365, Neerkkunnam
Chiraickupurathu Veedu Represented by its President Purushothama Kaimal
Kattoor, Kalavoor P.O.
(By Adv. S. Sulfikar) 2. Sri.Purushothama Kaimal, President, NSS Karayogam
Branch No.1365, Neerkkunnam
3. Sri. Gopalakrishnan Unnithan, Secretary, NSS Karayogam No.1365, Neerkkunnam
O R D E R
SRI.K. ANIRUDHAN (MEMBER)
Sri. C.K. Janardhanan has filed this complaint before the Forum on 31.12.2011 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 7.4.2004. The opposite parties issued Receipt No.7157. The rate of interest was fixed as 24% per month. The opposite parties gave interest only up to August, 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. They have not entered appearance before the Forum. The notice sent to them were returned with endorsement stating that ‘unclaimed’. Considering the absence of the opposite parties, they were declared as exparte by this Forum on 15.02.2012.
3. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiently 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 one document in evidence – Ext.A1 marked. Ext. A1 is the original pass book 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 one lakh 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. one lakh in the NSS Karayogam administered by the opposite parties. The opposite parties had paid interest to the complainant for the said deposited amount up to August, 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 10% 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 31st day of March, 2012.
Sd/- Sri.K. Anidudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass Book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
