ORDER SRI. ANIRUDHAN (MEMBER) Sri. Joseph has filed this complaint before the Forum on 13.01.2009 alleging deficiency in service on the part of the opposite party. The brief facts of the allegation of the complainant are as follows:- He was a customer of the opposite party’s from “M/s Sreepadam Funds” from the year 2002 onwards. On the basis of the assurance given by the opposite party, he had deposited a sum of Rs. 1, 80,000/- (Rupees One lakh and eighty thousand only) in the year 2006 before the opposite party. The opposite party given interest for the said amount regularly up to 2006 February. The said deposit was for the expenses to be incurred in connection with the marriage of his daughter. The opposite party has agreed to repay the said amount in April 2006. But the opposite party has not repaid the said amount so far. When contacted the opposite party it was seen that he was left the place after locking the institution. He has to get Rs. 50,000/- (Rupees Fifty thousand only) by way of interest. In spite of several repeated request the opposite party has not repay the principal amount or interest so far. Hence this complaint seeking relief. 2. Notice was sent to the opposite party. He entered appearance and filed a detail version. In the version, it is stated that Sree Khandakarna Kshethrayogam has no nexus, what so ever with Sreepadam funds where in the alleged funds sum was deposited. Sreepadam fund is not an association established controlled or administered by the Sree Khandakarana Kshethrayogam. Both Kshethrayogam and funds are having separate by laws and they are being functioned controlled or administered on the basis of the respective by laws. The rights and liability of both Sreepadam funds and Kshethrayogam are mutually different. It is further stated that consequent to the mal administration and misappropriation happened in the Sreepadam funds depositors have formed an action council, after electing of certain persons for the control administration and management of the Kshethrayogam, and they are doing the control administration and management in the Kshethrayogam. It is further stated that the petition filed by the complainant is without impleading in the present Kshethrayogam Committee members and the aforesaid board members of the Sreepadam funds is factually and illegally unsustainable. It is further stated that interest calculated and claimed by the complainant is exorbitant and not acceptable, and that there is no deficiency in service on their part. It is further stated that there is no transaction between the complainant and the opposite party, and complainant is not entitled to proceed against the movable and immovable property of the opposite party. It is further stated that opposite party has not compelled and canvassed the complainant to make any deposit and denied the balance amount of payment of Rs. 1,80,000/-within interest. It is stated that the complaint is bad by limitation and cannot be relied on. Hence the petition is to be dismissed. 3. Considering the contentions of the parties, this forum has raised the following issues:- 1) Whether the complainant is entitled to get the repayment of the amounts alleged? 2) Whether the complainant is entitled to get the compensation and cost? 4. Issues 1 and 2:- On the part of the Complainant he has filed proof affidavit along with the document in evidence.- Ext. A1 – original pass book issued by the opposite party in favour of the complainant A/c No 84/06 - A/c No. 270. Ext. A1 shows that it was issued in favour of the complainant of the Sreepadam funds after signed by the Chairman of the form. It shows the details of the transaction including the payment of interest and total balance outstanding amount (Rs. 1,80,000/-). Complainant is cross examined by the opposite party. And opposite party submitted that they have no oral evidence 5. On a careful readings of entire matter of the case it can be seen that the complainant has deposited the amount on the assurance given by the opposite party regarding the payment of principal amount and interest. For a cretin period the opposite party paid interest to the complainant and later defaulted the payment of interest. The complainant requested the opposite party to return the principal amount with the interest, since the complainant is in need of the sum for meeting the expenses of the marriage of his daughter. But the opposite party willfully default the payment and left the place. The entire action of the opposite party will come within the purview of deficiency of service and culpable negligence. The opposite party acted illegally and without any authority and there is no justification on the part of the opposite party to retain the amounts deposited by the complainant. The complainant is fully entitled to get the deposited amount together with its interest from the opposite party. The entire action on the part of the opposite party will come within the purview of dereliction of duty, and it will amounts to cheating. The contentions raised by the opposite party cannot be accepted sine it lacks any merit, and it has no locus standi. In this context, we are of the view that, since there is deficiency in service and culpable negligence by way of denial of repayment of amount to the complainant the opposite party is bound to pay compensation and costs to the complainant. All the issues are found in favour of the complainant. Hence, for the ends of justice, we hereby direct the opposite party to return the deposited amount of Rs. 1,80,000/- (Rupees One lakh and eighty thousand only) to the complainant, together with interest at the rate of 12% from 01.02.06 till the date of repayment of the entire amount and pay a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant for his mental agony, pain, sufferings, physical strain and inconvenience due to the deficiency in service and culpable negligence on the part of the opposite party by way of denial of the return of deposited amounts and its interest in time and pay a cost of Rs. 2,000/- (Rupees Two thousand only) as costs for this proceedings. We further direct the opposite party to pay the above said amounts to the complainant, within 30 days from the date of receipt of this order. Pronounced in open Forum, on this the 30th day of September 2009. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext. A1 - Pass BooK Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Party/S.F. Typed by:- vo/- Compared by:- | 
