IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Thursday the 31^st  day of  March, 2011

Filed on  22.09.2010

Present

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

in

C.C.No.227/10

between

Complainant:-                                                                     Opposite Parties:-

Smt. Sreeja Sreekumar                                           1.         SNDP  Yogam Kollam – 1     W/o Sreekumar                                                                                            Rep. its General Secretary,

Sreevisakhom, M.O. Ward                                                 (By Adv. C. Vidhu)                 

Alappuzha                                                               

                                                                              2.         SNDP Sakha Yogam No.363

                                                                                          Kakkazhom, Neerkkunnam P.O.      

                                                                                          TDMC, Alappuzha – 5

                                                                                          Represented by its Secretary

                                                3.         Sri. Babu, President

                                                            SNDP     -do-         -do-

                                                4.         Sri. Bhaskaran, Secretary

                                    SNDP      -do-         -do-

O R D E R

SMT. N. SHAJITHA BEEVI  (MEMBER)

Smt. Sreeja Sreekumar  has filed this complaint before the Forum on 22.09.2010 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 1^st opposite party is the General Secretary, SNDP Yogam, Kollam – 1  and 2^nd, 3^rd, and 4^th opposite parties are the SNDP Sakha Yogam, represented by its Secretary and  Secretary and President, SNDP Sakha Yogam No. 363, Kakkazhom.  The  opposite parties have assured  the depositor that they will invest the  funds in different ventures and make profits thereof will be distributed among the investors  @ 18% per annum payable on monthly basis.  The entire operation of the Sakha Yogam is being carried out by the Secretary.  She had deposited a total sum of Rs.2,80,125/- before the Sakha Yogam on different dates.  The opposite parties issued pass book and they were paid interest till September, 2006.  Therefore the opposite parties failed to pay interest or deposited amount till date, even though she had  requested to return the deposit amount.  Since there was no positive steps to return the amount, she filed this complaint seeking relief.

            2.   Notices were issued to the opposite parties, 2 to 4, they had not appeared before this Forum.  Considering their absence, they were set exparte by this Forum.   1^st opposite party entered appearance and  filed version, stating the positions.    

3.  In the version of the 1^st opposite party, it is stated that 1^st opposite party has no interest in the subject matter of this complaint, and 1^st opposite party has no financial transaction with the complainant.  It is stated that the financial transaction of the said Sakha Yogam goes only through the Secretary as per bye laws of the said Sakha Yogam, and that the Secretary shall have the right to repayment for and on behalf of the said Sakha Yogams.  It is further stated that the complainant cannot demand any amount or interest from the 1^st opposite party and that the complaint is not entitled to recover any amount or any relief from the 1^st opposite party.

             4.  Considering the allegations of the 1^st opposite party, this Forum has  raised the following issues:-

            1) Whether there is any deficiency in service and negligence on the part of the

                opposite parties in repayment of  deposit amount 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 she  was examined as PW1and produced two documents in evidence – Ext.A1 to A3 –  marked. Ext. A1 is the pass book,  Ext.A2 is the receipt and A3 is the  letter of authorization of her father  Sri.Sreenivasan to represent before the Forum and to give evidence.  The pass book shows that the deposited amount, interest paid  etc. and an amount of Rs.2,80,125/- (Rupees two lakhs eighty thousand one hundred and twenty five only) is the balance outstanding amount to be released.

6.  The 1^st opposite party has represented that he has no oral evidences.

7. 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 2 to 4.    The opposite parties had paid interest to the complainant  for a certain period, for the said deposited amount.  Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the amount with interest. But the opposite parties have not shown any  effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is entitled to get back the deposited amounts with interest fully. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment to the depositor, 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 2 to 4 only to return the amount of Rs. 2,80,125/- (Rupees two lakhs eighty thousand one hundred and twenty five only) to the complainant along with 18% interest per annum  from September 2006 till the date of repayment of the entire amount, and  pay a compensation of Rs. 10,000/- (Rupees ten 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 return 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 31^st  day of March, 2011.

                                                                                                  Sd/- Smt. N. Shajitha Beevi

                                   Sd/- Sri. Jimmy Korah:

                                                                                                  Sd/-Sri. K. Anirudhan:

 Appendix:-

Evidence of the complainant:- 

PW1                -                       K.A. Sreenivasan  (Witness)

Ext.A1             -                       Original Pass Book

Ext.A2             -                       Receipt

Ext.A3             -                       Letter of authorization

Evidence of the opposite parties:- Nil

// True Copy //

                                     By Order

                                                                                                      Senior Superintendent

To

         Complainant/Opposite parties/S.F.

Typed by:- pr/-    Compared  by:-