IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Tuesday, the 29^th day of September, 2015

Filed on 08.12.2009

Present

1)         Smt. Elizabeth George (President)

2)         Sri. Antony Xavier (Member)

3)         Smt. Jasmine D (Member)

in

CC.No.422 /2009

Between

Complainant:                                                             Opposite parties:

Smt. Kaliyamma                                                         1.         M/s. Providence Finance Udayanilayam                                                                                                        Eramalloor P.O.

Eramalloor P.O.                                                                      Cherthala.

Cherthala

                                                                                    2.         Smt. Joice Antony

                                                                                                Nalampurackal House,

                                                                                                Thuravoor P.O.

                                                                                                Cherthala

3.         Smt. Kathrina Augustine

                                                                                                            -do-

4.         Sri. Varghese Antony

                                                                                                            -do-

5.         Sri. Wilson Antony

                                                                                                            -do-

                                                                                    6.         Sri. Sibi Augustine

- do-

7.Sri. Saji Augustine

 -do-

8.         Sri. Sojan Augustine

-do-

9.       Smt. Soni

 -do-

                                                                                    (By Adv. Byju K for O.P. 6 to 9)

O R D E R

SRI. ANTONY XAVIER (MEMBER)

            This is a remanded matter.   The case was once heard and the President of the Forum passed the order on 31.03.2012 allowing the complaint.  Since there was no detailed order, the   Hon’ble State Commission suo motto taken up the matter and remanded the case for hearing for the purpose of passing a speaking order.  After remanded notice were issued to both parties for hearing the matter.

2. The brief facts of the allegations of the complainant are as follows:-

The complainant’s case is that the 1^st opposite party is the firm that carries out financial business in the name and style of Providence Finance. The 2^nd to 9^th opposite parties are the partners as well as the administrators of the said firm.

    3.    The complainant subscribed deposit with opposite parties bearing Account Number 41/2002, A/c No.119/2002, A/c No. 120/2002 an amount of Rs. 12,000/- (Rupees twelve thousand only) on towards this. The two partners of the firm (Sri. Thomas Antony & Sri. Varghese Antony) expired, other opposite parties assured the administrative charge of this firm. All of a sudden the entire opposite parties have stopped the entire business transaction and closed down the office without making refund the remitted amount of Rs. 12,000/- (Rupees Twelve thousand only) to the complainant. There is deficiency of service on the part of the opposite parties. The complainant sustained immeasurable mental agony. Aggrieved on this the complainant approached on this Forum.

4.  Complainant filed proof affidavit and produced three documents marked as Exts.A1 to A3 is the copy of the deposit pass books of the complainant.

5. Bearing in mind, the contentions of the complainant the sole question arises for consideration is whether the complainant entitled to the relief sought for?

6. We carefully perused the materials placed before us. W went through the document produced by the complainant. The complainant’s case stands well substantiated by the evidence put on record by the complainant. As we have already observed, the opposite parties did not make it a point to turn up before this Forum. Needles to say the case of the complainant stands un-assailed. We hold that the complainant is entitled to the relief sought for.

In the result the complaint is allowed. The opposite parties are directed to return the remitted amount of Rs. 12,000/- (Rupees twelve thousand only) with interest at the rate of 12% per annum from the date of complaint before this Forum till the repayment of the entire amount to the complainant. The opposite parties are further directed to pay an amount of Rs. 1,000/- (Rupees one thousand only) towards costs of this proceedings. No further amount is allowed towards compensation. We further clarify that the liabilities of the opposite parties 2 to 9 are limited only to the value of properties inherited by them from the deceased partners named sri. Varghese Antony and Sri. Thomas Antony and the complaint are at liberty to proceed against the assets of the opposite parties for the realization of the above amount with above limitation. The order shall be complied within one month from the date of receipt of this order.

Pronounced in open Forum on this the 29^th day of September, 2015

                                                                         Sd/- Sri. Antony Xavier (Member)

                                                                         Sd/- Smt. Elizabeth George (President)

Sd/- Smt. Jasmine D (Member)

APPENDIX:-

Evidence of the complainant:

Exts.A1 to A3   - Copy of the account passbooks

Evidence of the opposite parties:       Nil.

                                                            -//True copy//-

By Order,

Senior Superintendent

To

            Complainant/Oppo. Parties/S/F

Typed by: Pr/-

Compd. By: