IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of January, 2012
Filed on 08.12.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No. 423/09
between
Complainant:- Opposite Parties:-
Sri. G. Chidambharan Nair 1. Providence Chitty Fund
Puthuvellil Veedu Eramalloor.P.O., Cherthala.
Valamangalam South P.O., Thuravoor
Cherthala, Alappuzha 2. Providence Finance
Eramalloor P.O., Cherthala
3. Smt. Joys Antony
Nalampurackal House, Thuravoor P.O.
Cherthala
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 House
Thuravoor P.O., Cherthala
12. Smt. Leena, D/o Antony
-do- -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. On their assurance, he had deposited a total sum of Rs.60,000/- before the said firm on 21.2.2008 to M/s. Providence Finance and remitted a total sum of Rs.2000/- by way of chit No.224 – chital No.34 before the firm – M/s. Providence Chitty Fund. At the time of accepting deposits the opposite parties issued pass book to him after sealed and signed, while so one of the partner Sri.Augustine expired on 23.02.2008 and after that the legal heirs of the said member are administered the firm. Since the opposite parties defaulted the repayment, he 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. Complainant has 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 were not appeared before this Forum. Hence they were set exparte.
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. The complainant has filed proof affidavit and filed documents in evidence – Exts.A1 and A2 were marked. Ext.A1 and A2 are the original pass books issued at the time of the depositing amount.
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 complainant that he had deposited a total sum of Rs.62,000/- 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 complainant 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 complainant is 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. 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 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 allegations 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 this result we hereby direct the opposite parties to return the deposited amount of Rs.62,000/- (Rupees sixty two thousand only) to the complainant 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 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 with interest in time to the complainant, 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 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 amount 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, 2012.
Sd/-Smt. N. Shajitha Beevi: Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 and A2 - Original 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:-
