IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2011
Filed on 02.12.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.334/10
between
Complainants:- Opposite Parties:-
1. Sri. P.N. Mani, Kavuveedu 1. SNDP Sakha Yogam No.363
Palace Ward Rep. its Secretary,
Alappuzha Kakkazhom, Neerkkunnam
Alappuzha
2. Smt. Vimila Mani 2. Sri.K.Bhaskaran, Secretary
W/o P.N. Mani SNDP Sakha Yogam No.363
-do- -do- Kakkazhom, S/o Kesavan
(By Adv. Laly Joseph) Anavelil House
Neerkkunnam, Alappuzha
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainants' case is that the 1st complainant deposited a total amount of 1,79,425/- ( Rupees one lakh seventy nine thousand four hundred and twenty five only) in the name of the 2nd complainant with the opposite parties. The complainants deposited the said amount bit by bit on different stages. The complainants were induced by the 2nd opposite party by tempting assurances. The opposite parties offered 18% interest for the deposits. Subsequent to the deposit of the amount the complainants were not provided either the interest or the deposited amount. Got aggrieved on this, the complainant approached this Forum for compensation and relief.
2. Though notice being served, the opposite parties do not make it a point to turn up and file version. With the result, the opposite parties were set ex-parte.
3. The evidence of the complainants consists of the testimony of the complainants themselves, and the documents Exts. Al to A4 were marked. As have been already observed, the opposite parties neither turned up nor contend the complainants' case.
4. Taking into account the complainants' contention the issues that arise before us for consideration are:-
(a) Whether the complainants deposited any amount with the opposite parties?
(b) Whether the complainants are entitled to any relief?
5. Bearing lively in mind the complainants' case, we carefully perused the pleadings, proof affidavit and other documents available on record. We meticulously went through Exts. .Al to A4. Exts. Al to A4 bears out markedly that the complainants have deposited an amount of Rs.1,75,000/- (Rupees one lakh and seventy five thousand only) with the opposite parties. We are of the strong view that the complainants’ case stands well established. In the context of the complainants' consistent case and in the absence of the said case being challenged, we are least hesitant to hold that the case of the complainants inspires confidence in the mind of this Forum. Needless to say, the complainants are entitled to relief.
6. In the light of the facts and circumstances discussed herein above the 1st opposite party is directed to pay an amount of Rs.1,75,000/- (Rupees one lakh and seventy five thousand only) with 12% interest from the date of institution of the instant complaint to the complainants till the recovery of the same. We hereby observe that the 1st opposite party’s assets alone shall be liable for the said amount.
In the result, the complaint is allowed accordingly. No order as to compensation or cost.
Pronounced in open Forum on this the 30th day of April, 2011.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainants:-
Exts.A1 to A4 - Original Pass books
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
