IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of November, 2009
Filed on 09.02.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No. 55/09
between
Complainant:- Opposite Parties:-
1. Sri. P.R.Madhava Kartha 1. Providence Chitty Fund
Madhava Nivas Eramalloor.P.O., Cherthala.
Vayalar P.O.
Alappuzha 2. Providence Finance
Eramalloor P.O., Cherthala
2. Smt. G.Indira
-do- -do- 3. Sri. Thomas Antony, Nalampurackal House,
. Thuravoor.P.O., Cherthala.
3. M.Ramanadh
-do- -do- 4. Smt. Joys Antony
Nalampurackal House, Thuravoor P.O.
4. V.U. Rajani Cherthala
(By Adv. V. Padmanabhan)
5. Smt. Kathreena Augustine
-do-
6. Sri.Varghese Antony
-do-
7. Sri.Wilson Antony
-do-
8. Sri.Sibi Augustine
-do-
9. Sri.Saji Augustine,
-do-
10. Sri. Sojan Augustine
-do-
11. Smt.Sony
-do-
(By Adv. G.Priyadarsan Thampi –
For Opposite parties 5, 8 to 11)
12. Lissy, Nalampurackal, Padinjattumkara
Thekkum Muri, Thouravoor South Village
Thuravoor P.O., Cherthala
13. Leena, -do- -do-
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Complainants have filed this complaint before the Forum alleging deficiency in service on the side of the opposite parties. The main allegations are as follows:- The opposite parties were engaged in the business of financial dealings by name and style M/s. Providence Chitty Fund, and M/s. Providence Finance at Eramalloor, which is administered in giving money on the security of Gold and Land. They are also engaged in the business of accepting deposits from local people by offering attractive interest. On their assurance, the complainants had deposited a total sum of Rs.2,49,400/- before the said firm, M/s. Providence Finance. At the time of accepting deposits the opposite parties issued pass book to them after sealed and signed, while so one of the partner Sri.Augustine expired on 23.02.2008 and after that the legal heir of the said members are administered the firm. Since the opposite parties defaulted the repayment, she had requested the opposite parties to return the amount. But the opposite parties have not turned up. The opposite parties had abanded the business from 09.12.2008 onwards and closed the firm. The depositor along with other depositors enquired about the said promoters. But it was learnt that the opposite parties were absconded. Complainants have not obtained any relief from the opposite parties regarding the payment. Hence this complaint.
2. Notices were issued to the opposite parties. The opposite parties 5, 8 to 11 have entered appearance and filed version. Other opposite parties are set exparte.
3. In the version filed by the 5th opposite party and the opposite parties 8 to 11, it is stated that the complainant is not a consumer as per the Consumer Protection Act. It is stated that M/s. Providence Chitty Fund and Finance was registered as per the Indian Partnership Act and they have no relation with the above firms and they have not acted in the said firm till date. Since they were not partners of the above firm, they have no right to participate in the firm. It is stated that the alleged deposit of amounts have no connection with them, and they have no information about the alleged transaction. It is further stated that their father expired on 23.02.2008. But they are fully unaware of the other details of the transaction.
4. Considering the contentions of the parties, this Forum has raised the following issues for consideration.
a) Whether there is any deficiency in service on the side of the opposite parties?
b) Whether the complainant is entitled to get the amount from the opposite party?
c) Compensation and costs?
Issues 1 to 3:-
5. 1st complainant has filed proof affidavit for and on behalf of other complainants also and filed documents in evidence Exts.A1 to A7 were marked. Ext.A1 to A7 are the original pass books issued at the time of the depositing amount.
5. Opposite parties have not filed the proof affidavit or any documents in evidence, even though several chances were given to them. The opposite parties were absent on the date fixed for hearing. So the Forum have heard the matter in detail on the side of the complainants.
6. We have fully verified the matter involved in this case and verified the documents produced by the complainant in evidence. It is alleged by the complainants that they had deposited a sum of Rs.2,49,400/- on different dates in the firm of the opposite parties. In spite of the repeated requests of the matter the opposite parties have not take sincere attempt to repay the amount with interest to the complainants in time. Instead of taking necessary earnest steps to repay the amount, the opposite parties have evaded from the liability purposefully. The action of the opposite parties shows their cheating nature and unfair trade practice.
7. The complainants are fully entitled to get the amount from the opposite parties. But the opposite parties have not turned up. The entire action of the opposite parties shows that there is grossest deficiency in service, culpable negligence and unfair trade practice. The opposite parties are bound to repayment of the amount and that there is no justification on the side of the opposite parties to deny the repayment. The contentions of the opposite parties cannot be accepted as valid grounds to deny repayment and it lacks bonafides. Since there is grossest deficiency in service, culpable negligence, unfair trade practice and cheating on the side of the opposite parties, the opposite parties are fully liable to pay compensation and cost to the complainants. The contentions of the opposite parties raised by them, in this transaction, have no merit and cannot be accepted. The opposite parties have jointly and severally liable to repay the amount with interest to the complainants. So considering the facts and circumstances of this case and after perusal of the documents in evidence, we are of the strong view that the allegations of the complainants against the opposite parties are to be treated as genuine. In this context, the complaint is to be allowed. All the issues are found in favour of the complainants. Hence the complaint is allowed.
In this result we hereby direct the opposite parties to return the deposited amount of Rs.2,49,400/- (Rupees two lakhs forty nine thousand and four hundred only) to the complainants with 12% interest from the date of deposit to till the repayment of the entire amount and further pay an amount of Rs.10,000/- (Rupees ten thousand only) as compensation to the complainants for their mental agony, pain, sufferings, physical strain, loss and harassment of the opposite parties by way of purposeful denial of the repayment of the deposit amount with interest in time to the complainants, due to the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties and further pay an amount of Rs.2,000/- (Rupees two thousand only) to the complainants as costs of this proceedings. We hereby further ordered that the complainants are free to proceed against the assets of the opposite parties in case any default to pay the said amounts to her. We further direct the opposite parties to comply with this order within 30 days from the date of this order.
Complaint is allowed.
Pronounced in open Forum on this the 30th day of November, 2009.
Sd/- Smt. N. Shajitha Beevi: Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 to A7 - Original Pass books (7 Nos.)
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
