IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2011
Filed on 13.09.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.212/10
between
Complainant:- Opposite Parties:-
Sri. K.B. Unnikrishnan 1. SNDP Sakha Yogam No.363
Chithralayam Rep. its Secretary,
Kalarcode P.O. Kakkazhom, Neerkkunnam
Alappuzha Alappuzha
(By Adv. Laly Joseph)
2. Sri.K.Bhaskaran, Secretary
SNDP Sakha Yogam No.363
Kakkazhom, S/o Kesavan
Anavelil House
Neerkkunnam, Alappuzha
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.K.B.Unnikrishnan has filed this complaint before the Forum on 13.09.2010 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The opposite parties have assured the depositor that they will give investors @ 18% interest per annum for the deposits payable on monthly basis. The entire action of the Sakha Yogam is being carried out by the Secretary. He had deposited a total sum of Rs.2,00,000/- before the Sakha Yogam on 31.8.2006 and on 15.9.2006 he had deposited Rs.1 lakh. The opposite parties issued pass book and that they have not paid interest. The period of deposit was fixed for five years. Thereafter the opposite parties failed to pay the interest or repayment of the deposited amount till date, even though he had requested to return the amount. Since there was no positive steps to return the amount, he filed this complaint seeking relief.
2. Notices were issued to the opposite parties, they had not appeared before this Forum. Considering their absence, they were set exparte by this Forum.
3. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiently in service and negligence on the part of the
opposite parties in repayment of fixed deposit to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties?
5. Issues 1 and 2:- Complainant has filed proof affidavit and produced two documents in evidence – Exts.A1 and A2 were marked. Ext. A1 is the Pass book showing the deposit of Rs.2 lakhs dt. 15.9.2006 and showing the acceptance of Rs.1 lakh from the complainant by Sri. K. Bhaskaran, Secretary. Ext.A2 is the Power of Attorney deed.
6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties, the complainant had deposited the amount in the Sakha Yogam administered by the opposite parties. The opposite parties had not paid interest to the complainant for the deposit amount. The opposite parties had denied the repayment of the principal amount and its interest to the complainant in spite of the repeated requests. But the opposite parties have not shown any effort to return the same in time. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence by way of refusal to repay the deposited amount with interest to the complainant in time. There is no justification on the part of the opposite parties in retaining the amount with them which is payable to the complainant. The entire action of the opposite parties shows their irresponsible attitude towards this transaction. The complainant is fully entitled to get back the deposited amounts with interest from the opposite parties. Since there is deficiency in service and negligence on the part of the opposite parties by way purposeful denial of repayment of the deposited amount to the complainant in time, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant against the opposite parties are highly genuine. So the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs. 3,00,000/- (Rupees three lakhs only) to the complainant along with 18% interest per annum from the date of deposit, till the date of repayment of the entire amount and pay a compensation of Rs. 2,000/- (Rupees two thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence on the part of the opposite parties by way of refusal to pay back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs. 1,000/- (Rupees one thousand only) as cost of this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 30th day of April, 2011.
Sd/- Sri.K. Anidudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Pass Book
Ext.A2 - Power of Attorney deed
Evidence of the opposite parties:- Nil
// True Copy //
By Order
To Senior Superintendent
Complainant/Opposite parties/ S.F.
Typed by:-pr/-
Compared by:-
