IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of January, 2011
Filed on 18.02.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No. 79/09
between
Complainant:- Opposite Parties:-
Sri. Thomas T.V. 1. Providence Chitty Fund
Thekkekolaveli Eramalloor.P.O., Cherthala.
Panavally P.O., Cherthala
2. Providence Finance
Eramalloor P.O., Cherthala
3. Sri.Thomas Antony, Nalampurackal
Thuravoor P.O., Cherthala
4. Smt. Joys Antony
-do-
5. Smt. Kathreena Augustine
-do-
6. Sri.Varghese Antony
-do-
7. Sri.Wilson Antony
-do-
8. Sri.Sibi Augustine
-do-
9. Sri. Sojan Augustine
-do-
10. Smt.Sony
-do-
11. Smt.Lissy, D/o Antony
Nalampurackal, Padinjattumkara Thekkum Muri, Thuravoor P.O.
Cherthala
12. Smt.Leena, -do-
O R D E R
SMT.N. SHAJITHA BEEVI (MEMBER)
Complainant has 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 and the business of chit. On their assurance, he had deposited a total sum of Rs.1,90,000/- on different dates 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 for the said deposit and remittance. While so one of the partner Sri.Varghese Augustine expired on 23.02.2008 and after that the legal heirs of the said Varghese Augustine are administered the firm. Since the opposite parties defaulted the repayment of the total said amounts, he had requested the opposite parties to return the amounts with interest. 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, had enquired about the said promoters. But it was learnt that the opposite parties were absconded. He has not obtained any relief from the opposite parties regarding the payment. Hence this complaint.
2. Notices were issued to the opposite parties. Opposite parties 4 and 6 have entered appearance before this Forum and filed version. Other opposite parties are set exparte.
3. In the version filed by the opposite parties 4 and 6, it is stated that the complainant is not a consumer as per the Consumer Protection Act. 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. 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 23.2.2008. But they are fully unaware of the other details of the transaction. So they are not liable for the claim.
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 complainants are entitled to get the amount from the opposite
parties?
c) Compensation and costs?
5. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case and produced the documents in evidence – Ext.A1 and A2 were marked. Ext. A1 and A2 are the copy of the pass books issued at the time of depositing the amount.
6. 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 complainant.
7. We have fully verified the matter involved in this case and verified the documents produced by the complainant in evidence. It is alleged that the complainant had deposited a sum of Rs.1,90,000/- on different dates in the firm of the opposite parties. In spite of the repeated requests of the matter the opposite parties have not taken any sincere attempt to repay the amount with interest to the complainant in time. Instead of taking necessary earnest steps to repay the amount in time, the opposite parties have evaded from the liability purposefully. The action of the opposite parties shows their cheating nature and unfair trade practice and their deficiency in service.
9. The complainant is fully entitled to get back the entire amount stated above from the opposite parties. But the opposite parties have not turned up. The entire action of the opposite parties shows 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 complainant. 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 complainant. 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 allegation of the complainant 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 complainant. Hence the complaint is allowed.
In the result we hereby direct the opposite parties to return the deposited amount of Rs.1,90,000/- (Rupees one lakh and ninety thousand only) with 12% interest per annum 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 complainant for his 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 in time to the complainant due to the 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 complainant as costs of this proceedings. We hereby further ordered that the complainant is free to proceed against the assets of the opposite parties in case any default to pay the said amounts to him. We further direct the opposite parties to comply with this order within 30 days from the date of receipt of this order.
Complaint is allowed.
Pronounced in open Forum on this the 31st day of January, 2011.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah
Sd/- Sri. K. Anirudhan
Appendix:-
Evidence of the complainant:-
Exts. A1 & A2 - Copy of the Pass books (2 Nos.)
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
