IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 30th day of November, 2009
Filed on 09/02/2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No. 63/2009
between
Complainant:- Opposite parties:-
1. Smt. Vijayakumari.J. 1. Provident Chitty Fund
Plappallil Veedu Eramalloor P.O., Cherthala
Eramalloor P.O.
Cherthala – 688 537 2. Providence Finance
Eramalloor P.O., Cherthala
3. Sri. Thomas Antony
Nalampurackal House
Thuravoor P.O., Cherthala
4. Smt.Joys Antony, -do- -do-
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-
10. Smt.Sony -do-
12. Smt.Lissy, D/o Antony
Nalampurackal
Padinjattumkara Thekkum Muri
Thuravoor South Village
Thuravoor P.O., Cherthala
13. Smt.Leena, -do- -do-
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainant’s case is that the 1st & 2nd opposite parties are firms that carries out chitty and financial business in the name and style 'Providence chitty Fund' and' Providence Finance' respectively. The 3 to 13 opposite parties are the partners as well as the administrators of the said firm. The complainant deposited an amount of Rs.1,20,000/-(Rupees one lakh and twenty thousand only) with the opposite parties by the A/c Number 85/02 & 37/07. The complainant also subscribed two chitties with the opposite parties bearing chitty Nos. 222 and remitted Rs.21,368.65/-(Rupees twenty one thousand three hundred and sixty eight & sixty five paisa) towards this. Thus the complainant is entitled to get Rs.1,41,368.65/- (Rupees one lakh forty one thousand three hundred and sixty eight & sixty five paisa) and interest from the opposite parties. On 23rd August, 2008 one of the prominent partners, the 4th opposite party expired and the 8, 9 & 10th opposite parties assumed the administrative charge of the firm. There after, on seeing the firm being locked down since 9th December 2008, the complainant comprehended that the 8, 9& 10th opposite parties decamped with the deposited amounts and other valuables. The complainant lodged petition before the police, but to no avail. There is deficiency of service on the part of the opposite parties. The complainant sustained immeasurable mental agony. Aggrieved on this the complainants approached this Forum.
2. Notice was sent to the opposite parties. The opposite parties did not turn
up. They were set exparte.
3. The complainant filed proof affidavit and the documents A 1 to A3 were marked.
4. Bearing in mind the contentions of the complaints the sole question arises for consideration is whether the complainant is entitled to the relief sought for?
5. We carefully perused the materials placed before us. We went through the three Account books and the Pass book. The complainant’s case stands well-substantiated by the evidence put on record by the complainants. As we have already observed, the opposite parties did not make it a point to turn up before this Forum. Needless to say the case of the complainant stands unassailed. We hold that the complainant is entitled to the relief sought for.
6. In the result, the interim attachment of the assets of the opposite parties already ordered is made absolute. The opposite parties are directed to pay the complainants an amount of Rs.1,41,368.65/-(One lakh forty one thousand three hundred and sixty eight & sixty five paisa only) with interest @12% from the date of the instant complaint viz. 6th February 2009 till its realization. The opposite parties are further directed to pay a compensation of Rs.l0,000/-(Rupees ten thousand only) to the complainant. The complainant is at liberty to recover the said amounts both from the movable and immovable assets of the 1st opposite party and the respective shares of the other opposite parties.
Pronounced in open Forum on this the 30th day of November, 2009.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt. N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Exts.A1 to A3 - Passbooks
Evidence of the Opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
