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. T.K. Vikas has filed the complaint before this forum alleging deficiency in service on the part of the opposite parties-President and Secretary, Sree Munnodi Devaswom. The contentions of the complainant is as follows:- the complainant had deposited a sum of Rs. 60,000/- on 04-04-2006, a sum of Rs. 35,000/- on 04-10-2007 and a sum of Rs. 55,000/- on 04-11-2006 in the opposite parties (Total amount comes to Rs. 1,50,000/-) and effected the entry in the passbook No. 316, 1449 and 1512 issued by the opposite party. But contrary to the agreement the opposite parties has not given the rate of interest after March, 2007. The opposite party committed fraud by noting the entry of rate of interest in the passbook. In spite of repeated request to return the principal amount and interest, the opposite party has not taken any earnest steps. Hence the complaint for the payment and the interest, after alleging deficiency in service. 2. Notice was given to the opposite parties. But opposite parties entered appearance before this forum through counsel but they have not filed any version. Considering the continuous absence of the opposite parties, they have made set exparte on 15-05-2008. 3. Considering the contentions of the complainant, this forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Compensation and costs. 4. Issues 1 and 2:- The complainant has filed the proof affidavit and produced documents in evidence Exts. A1 to A3 series marked. These documents are the fixed deposit receipts for the said amounts and passbooks. The passbooks shows the account Nos. 316, B. 1449 and B. 1512. It shows the remittance of the amounts by the complainant before the opposite parties. On a perusal of the above said documents, it can be seen that the complainant have to get the total sum of Rs. 1,50,000/- from the opposite parties with agreed rate of interest. The contentions raised by the complainant are valid and denial of the release of the said amounts by the opposite parties will amounts to deficiency in service on the part of the opposite parties. The issues are found in favour of the complainant. Hence we are of the view that the complaint is to be allowed. So, we direct the opposite party to give back the deposited amount of Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the complainant, together with the agreed rate of interest and to pay a sum of Rs. 10,000/- (Rupees Ten Thousand only) for compensation for mental agony and inconvenience of the complainant with a cost of Rs. 2,000/- (Rupees Two Thousand only) for this proceedings. We further direct the opposite party to pay the said amounts to the complainant within in one month from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 28th day of July, 2008. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N.Shajitha Beevi APPENDIX Evidence of the Complainant:- Ext. A1 (Series) 04-04-2006 Fixed deposit receipt and passbook A/c No. 316. Ext. A2 (Series) 04-10-2006 -do- -do- A/c No. B.1449 Ext. A3 (Series) 04-11-2006 -do- -do- A/c No. B.1512 Evidence of the Opposite parties:- NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
