IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday the 31^st day of January, 2011

Filed on 12.08.10

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.182/10

between

Complainant:-                                                             Opposite Parties:-

     Sri.P.P.Jacob,                                             1.         S.N.D.P, Sakha Yogam Branch No.363,

     S/o K.C.Pappy,                                                      Kakkazham, Neerkunnam,

     Residing at Pavoorethu,                                           Represented by its Secretary,

     Beach Ward (ESI Ward),                                       

     Alappuzha.                                                  2.         Sri.K.Bhaskaran, Secretary, S.N.D.P.,

     (By Adv.Laly Joseph.K)                                          Sakha Yogam Branch No.363  ,

Kakkazham, S/o Kesavan, Anavelil House,

Neerkunnam, Alappuzha

                                                                                    (By Adv. A.T.Pradeepkumar)

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainant case is as follows:- The complainant on 1^st January 2003 deposited an amount of Rs.1,00,000/- -(Rupees one lac only), with the 1^st opposite  party. There after on 10^th March 2005, an amount of Rs.50,000/-(Rupees fifty thousand only) and on 10^th October 2006 an amount of Rs.2,725/-(Rupees two thousand seven hundred and twenty five only) were deposited with the 1^st opposite party.  To the said effect, a pass book was issued to the complainant. The complainant had deposited the said amounts consequent to on the allurement and assurance tendered by the 2^nd opposite party. The 2^nd opposite party offered 18% interest per annum.  The opposite party defaulted payment of the interest after 10^th October 2006. On expiry of the deposit period of 5 years, the complainant demanded the total amount of Rs.1,52,725/-(Rupees one lac fifty two thousand seven hundred and twenty five only) together with the interest of 18% per annum. The opposite parties declined to pay either the principal amount or the interest. There is deficiency of service on the part of the opposite party. Got aggrieved on this the complainant approached this Forum for compensation and other relief.

1. Notice was served. Though the opposite parties appeared they were not keen on filing version. With the result they were set expartie.

2. The complainant filed proof affidavit, and the documents Ext.A1 was marked. Ext. A1 is the pass book issued to the complainant by the opposite parties.

3. Taking into account the contentions involved m this case, the questions come up before us for consideration are:-

(1) Whether the complainant deposited the amount as claimed by him?

(2) Is there deficiency of service on the part of the opposite party?

4. We perused the materials put on record by the complainant. The complainant duly produced the pass book that manifestly bears out the contention of the complainant. The complainant contends that a total amount Rs.1,52,725/-(Rupees one lac fifty two thousand seven hundred and twenty five only) was deposited with the opposite party on three different occasions. But contrary to the assurance by the opposite party, the deposited amount was not paid to him on demand. The opposite party evaded payment on one pretext or other. As we have already observed, the opposite party was neither keen on filing the version nor to rebut the evidence let in by the complainant.  Needless to say the complainant’s evidence stands unchallenged and the complainant case stands unassailable.  In this context, we have no course open but to accept the evidence of the complainant.

In view of the facts and circumstance, the opposite parties are directed to pay the complainant the total amount of Rs.1,52,725/-(Rupees one lac fifty two thousand seven hundred and twenty five only) together with the interest of 18% per annum. They are further directed to pay a compensation of Rs.5,000/-(Rupees five thousand only) to the complainant. The opposite parties and their assets are liable for the said amount. The opposite parties shall comply with the order within 30 days of receipt of this order.

Complaint stands disposed accordingly.  No order as to cost.

Pronounced in open Forum on this the 31^st day of January, 2011.

                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi 

Appendix:-

Evidence of the complainant:- 

Ext. A1            -           The Pass Book issued to the complainant by the opposite parties

 Evidence of the opposite parties:- Nil 

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-       

Compared by:-