IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of March, 2011
Filed on 22.09.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.228/10
between
Complainant:- Opposite Parties:-
Sreejith, S/o Sreenivasan 1. SNDP Yogam Kollam – 1 Sreevisakhom, M.O. Ward, Alappuzha Rep. its General Secretary,
Now residing at Sreenilayam (By Adv. C. Vidhu)
Chunakkara P.O., Mavelikara Taluk
Alappuzha Dt. 2. SNDP Sakha Yogam No.363
Represented by his Power of Attorney Kakkazhom, Neerkkunnam P.O.
Holder Sri.K.A.Sreenivasan TDMC, Alappuzha – 5
Sreenilayam, Chunakkara P.O. Represented by its Secretary
Mavelikara Taluk
3. Sri. Babu, President
SNDP -do- -do-
4. Sri. Bhaskaran, Secretary
SNDP -do- -do-
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. Sreejith 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 1st opposite party is the General Secretary, SNDP Yogam, Kollam – 1 and 2nd, 3rd, and 4th 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. As such the opposite parties paid the return to him till 10.10.2006. The entire operation of the Sakha Yogam is being carried out by the Secretary. He had deposited a total sum of Rs.1,00,000/- 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 he 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. 1st opposite party entered appearance and filed version, stating the positions.
3. In the version of the 1st opposite party, it is stated that 1st opposite party has no interest in the subject matter of this complaint, and 1st 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 1st opposite party and that the complaint is not entitled to recover any amount or any relief from the 1st opposite party.
4. Considering the allegations of the 1st 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 his father, the power of attorney holder was examined as PW1and produced two documents in evidence – Ext.A1 and A2 – marked. Ext. A1 is the power of attorney of Sri.Sreejith, the complainant authorizing his father Sri.Sreenivasan to represent before the Forum and to give evidence. Ext.A2 is the original Pass book issued by the opposite parties to the complainant at the time of depositing the amount It shows the deposited amount, interest paid etc. The book shows that an amount of Rs.1,00,000/- (Rupees one lakh only) is the balance outstanding amount to be released.
6. The 1st 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 to return the amount of Rs. 1,00,000/- (Rupees one lakh only) to the complainant along with 18% interest per annum from 29.09.2006 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 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 31st 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 - Power of Attorney
Ext.A2 - Original pass book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
