IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of October, 2011
Filed on 25.03.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.111/2011
between
Complainant:- Opposite Parties:-
Sri. Ajithkumar 1. SNDP Sakha Yogam Br. No.15 Anandamandiram, Thakazhy P.O. Komana, Ambalappuzha
Thakazhy, Alappuzha District Represented by its Secretary
(By Adv. M.G.Reshu) Sri. Chandra Bose Residing at
Vilyamangalam, Komana
Ambalappuzha, Alappuzha Dt.
And
its President, Sri.Sadasivan Thampi
Residing at Pallippuram
Ambalappuzha, Alappuzha Dt.
2. Sri. Chandra Bosse
Residing at Vilyamangalam
Komana. Ambalappuzha
Alappuzha Dt.
(Secretary, SNDP Sakha Yogam
Br. No.15, Komana, Ambalappuzha)
3. Sri. Sadasivan Thampi, Residing at
Pallippuram, Ambalappuzha Alappuzha (President, SNDP
Sakha Yogam Br. No.15, Komana, Ambalappuzha)
(By Adv. P. Roy – Opposite parties
1 to 3)
O R D E R
SMT. N.SHAJITHA BEEVI (MEMBER)
Sri. Ajithkumar has filed this complaint before the Forum on 25.03.2011 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd opposite party is the Secretary and 3rd opposite party is the President of the first opposite party – SNDP Sakha Yogam Branch No.15, Komana, Ambalappuzha. On the assurance of the 2nd and 3rd opposite parties, the complainant had deposited a total sum of Rs.3,60,000/- before the Trust on different dates. The opposite parties had issued Pass book at the time of the deposit and paid interest till 31.02.2006. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount, he filed this complaint seeking relief.
2. Notices were issued to the opposite parties, and they had appeared before this Forum and filed version.
3. In the version, the opposite parties stated that the allegations of the complainant are false, hence denied. The 3rd opposite party never approached the complainant for any purpose. More over the 1st opposite party has no deposit scheme as alleged. This opposite parties never offered interest as alleged in the complaint. These opposite parties never issued any pass book to the complainant is also false and hence denied.
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 the 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 had filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 marked. Ext. A1 is original the pass book issued by the opposite parties at the time of the deposit.
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 Trust administered by the opposite parties. 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 depositors, 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 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 amount of Rs.3,60,000/- (Rupees three lakhs and sixty thousand only) with 18% interest from 31.02.2006 till the date of payment to the complainant 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 31st day of October, 2011.
Sd/- Smt. N. Shajitha Beevi:
Sdf/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - 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:-
