1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. Augustin and his son Sri. Nobile @ Noby have filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties M/s. Pioneer Sahaya Trust, Cherthala and Sri. Mohanan, Sri. Sreedharan and Sri. Chellappan, the President, Vice-President and Treasurer respectively and against other Committee members of the said Trust. The contentions are that the first complainant had deposited a total sum of Rs. 4,86,000/- with the said Trust on different dates as per the request of the opposite parties and after receipt of the said amount by the opposite parties, they have issued passbooks to the complainant showing the deposited amount. It is alleged that the first complainant have accepted interest up to 16-01-2007. In addition to the fixed deposit, the opposite parties had collected Rs. 6,000/- from the first complainant by way of daily collection. In spite repeated request, the complainant, the opposite parties have not paid any interest after 16-01-2007 or return the deposited amount to the complainant so far. Hence this complaint for a direction to return the amount together with interest and for compensation and costs. 2. Notices were issued to the opposite parties. Only 25th opposite party entered appearance through his counsel. But he has not filed any version. Considering the continuous absence of opposite parties, they were set exparte by this Forum on 19-07-2008. 3. On the side of the complainants, they have filed proof affidavit and produced documents in evidence Exts. A1 to A4 marked. Ext. A1 is the original passbook issued by the opposite party in favour of the 1st complainant vide A/c. No. 657, after accepting the deposit. The book shows that there is a balance amount of Rs. 1,80,000/-. Ext. A2 is the original passbook issued to the 1st complainant vide A/c. No. 647. The book shows that there is a balance amount of Rs. 1,65,000/-. Ext. A3 is the original passbook issued to the 1st complainant vide A/c. No. 646. It shows that there is a balance amount of Rs. 1,35,000/-. Ext. A4 is the original passbook issued to the 1st complainant vide A/c. No. 23 regarding the daily collection amounts. Exts. A1 to A4 documents shows that the opposite parties had received the amounts from the 1st complainant by way of fixed deposits. 4. Considering the contentions of the complainants, this Forum has raised the following issues:- 1) Whether there is deficiency in service on the part of the opposite parties? 2) Compensation and costs. 5. Issues 1 and 2: - On a perusal of the documents produced by the complainants in evidence, it can be seen that the first complainant had deposited the amounts together with daily collection amount with the opposite parties. But the opposite parties have not taken any earnest effort to return the same with interest as agreed. Exts. A1 to A4 shows the balance amount outstanding in the account to be repaid. In the proof affidavit, the 1st complainant has stated that the opposite party has paid interest for the said amount up to 16-01-2007. The denial of payment of interest for the subsequent period and denial of release of the outstanding amount to the 1st complainant will come within the purview of deficiency of service on the part of the opposite parties. The first opposite party, its President, Vice-President and other committee members are jointly and severally liable to return the deposited amounts to the 1st complainant together with daily collection amounts together with interest. The first complainant is entitled to get the entire amounts with interest, from the opposite parties. The action on the part of the opposite parties is highly illegal, unauthorized and arbitrary. The contentions raised by the complainants are genuine and the complaint is to be allowed. The opposite parties are bound to compensate for the mental agony, loss inconvenience of the 1st complainant. Hence we are of the strong view that the complaint is to be allowed with the finding that there is deficiency in service on the part of the opposite parties. The issues are found in favour of the complainants. 6. In the result, we hereby direct the opposite party to return the total deposited amount of Rs. 4,86,000/- (Rupees Four Lakh and Eighty Six Thousand only) to the 1st complainant with 24% interest, together with a compensation of Rs. 10,000/- (Rupees Ten Thousand only) for the mental agony, loss and inconvenience of the complainant and a cost of Rs. 2,000/- (Rupees Two Thousand only) for this proceedings together with a direction that, in case there is any default to pay the said amount to the first complainant by the opposite parties, for the realization of the amounts, the first complainant can free to proceed against the schedule properties of the opposite parties, i.e. an extent of 2 Ares 02 of Square meter of property and building with rooms thereon vide Building No. CPV/506 ABCD and the right over the Electricity consumer (Sy No. 153/6A/1/2/-2/02 Ares). The interim order of attachment against the schedule properties already issued is hereby made absolute. We further direct the opposite parties to return the amounts to the 1st complainant within one month from the date of receipt of this order Complaint allowed Pronounced in Open Forum on this the 29th day of August, 2008 Sd/- SRI. K.ANIRUDHAN Sd/- SRI. JIMMY KORAH Sd/- SMT. N.SHAJITHA BEEVI AFFIDAVIT Evidence of the Complainant: - Ext. A1 - Original Passbook of A/c No. 657 issued by Pioneer Sahaya Trust Ext. A2 - Original Passbook of A/c No. 647 issued by Pioneer Sahaya Trust Ext. A3 - Original Passbook of A/c No. 646 issued by Pioneer Sahaya Trust Ext. A4 - Original Passbook of A/c No. 23 issued by Pioneer Sahaya Trust Evidence of the Opposite parties: - NIL // True Copy // By Order Senior Superintendent To Complainants/Opposite parties/SF Typed by: Shibi Compd by:
