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. 59/2009
between
Complainants:- Opposite parties:-
1. Sri.T. Ramankutty 1. Provident Chitty Fund & Finances
Ramanilayam Eramalloor P.O., Cherthala
Kuthiyathode P.O.
Cherthala, Alappuzha Dt. 2. Sri. Thomas Antony
Nalampurackal House
2. Sri.S.Meenakshy Thuravoor P.O., Cherthala
W/o T. Ramankutty
-do- -do- 3. Smt.Joys Antony, -do- -do-
4. Smt.Kathreena Augustine -do-
5. Sri.Varghese Antony -do-
6. Sri.Wilson Antony -do-
7. Sri.Sibi Augustine -do-
8. Sri.Saji Augustine -do-
9. Sri.Sojan Augustine -do-
10. Smt.Sony -do-
11. Smt.Lissy, D/o Antony
Nalampurackal
Padinjattumkara Thekkum Muri
Thuravoor South Village
Thuravoor P.O., Cherthala
12. Smt.Leena, -do- -do-
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainants’ case is that the 1st opposite party is a firm that carries out financial and chitty business in the name and style 'Providence chitty and Finance'. The 2 to 12 opposite parties are the partners as well as the administrators of the said firm. The complainants 1 and 2 deposited altogether an amount of Rs.10,00,000/-(Rupees ten lakhs only) with the opposite parties by various A/c Numbers viz. 53/2002, 98/2004, 32/2007. In the A/c No.53/2002, the 1st complainant deposited an amount of Rs.2,00,000/- (Rupees two lakhs only) and Rs.3,00,000/-(Rupees three lakhs only) was deposited in the A/c No.98/2004, taking the total to Rs.5,00,000/- (Rupees five lakhs only). Similarly, the 2nd complainant deposited Rs.5,00,000/-(Rupees five lakhs only) in the A/c No.32/2007. That apart, the 1st complainant subscribed a chitty bearing No.85/220 and remitted Rs.37,500/- towards the said chitty. Thus the complainants are entitled to get Rs.10,37,500/- and interest from the opposite parties. On 23rd August 2008 one of the prominent partners, the 3rd 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 complainants comprehended that the 8, 9& 10th opposite parties decamped with the deposited amounts and other valuables. The complainants lodged petition before the police, but to no avail.
2. There is deficiency of service on the part of the opposite parties. The opposite parties are liable to pay Rs.10,49,875/-(Rupees ten lakhs forty nine thousand eight hundred and seventy five only) to the complainants. Aggrieved on this the complainants approached this Forum.
3. Notice was sent to the opposite prates. The opposite parties did not turn up. They were set exparte.
4. The complainant filed proof affidavit and the documents Exts.Al to A4 were marked. Documents Exts A1 to A4 were the chitty pass book and the three Savings accounts book of the deposits.
5. Bearing in mind the contentions of the complaints the sole question arises for consideration is whether the complainants are entitled to the relief sought for?
6. We carefully perused the materials placed before us. We went through the three Account books and the Pass book. The complainants’ 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 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.
7. 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.10,49,875/-(Rupees ten lakhs forty nine thousand eight hundred and seventy five only) with interest @12% from the date of the instant complaint viz. 9th February 2009 till its realization. The opposite parties are further directed to pay a compensation of Rs.15,000/- (Rupees fifteen thousand only) to the complainants. The complainants are at liberty 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 complainants:-
Exts.A1 to A4 - Chitty pass book and 3 savings account books
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
