IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 30th day of April, 2011
Filed on 02/12/2010
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No. 332/2010
between
Complainant:- Opposite parties:-
Smt. Saly Sunnuy 1. SNDP Sakha Yogam No.363
W/o Sunny Rep. its Secretary,
Vailappallil House Kakkazhom, Neerkkunnam
Kadammanitta Alappuzha
Pathanamthitta
(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. JIMMY KORAH (PRESIDENT)
The complainant’s case is as follows:- The complainant on 3rd December 2001 deposited an amount of Rs.45,000/- ( Rupees forty five thousand only) with the 1st opposite party. To the said effect, a pass book was issued to the complainant. The complainant had deposited the said amount consequent upon the allurement and assurance tendered by the 2nd opposite party. The 2nd opposite party offered 18% interest per annum. The opposite party defaulted payment of the interest after 26th September 2006. On expiry of the deposit period of 5 years, the complainant demanded the total amount of Rs.45000/- (Rupees forty five thousand only) together with the interest of 18% per annum. The opposite parties made assurances of payment only to flout them into the air. The complainant was made to wait endlessly. The opposite parties declined to pay either the principal amount or the interest. There is deficiency of service on the part of the opposite parties. Got aggrieved on this the complainant approached this Forum for compensation and other relief.
2. Notice was served. The opposite parties did not make it a point to turn up before this Forum .. With the result they were set exparte.
3. The complainant filed proof affidavit and the documents Ext. Al and A2 were marked.
4. Taking into account the contentions involved in this case, the questions come up before us for consideration are:-
(1) Whether the complainant deposited the amount as claimed by him?
(2) Is there deficiency of service on the part of the opposite parties?
5. We perused the materials put on record by the complainant. The complainant
duly produced the pass book that manifestly bears out the contention of the complainant.
The complainant contends that an amount Rs.45,000/- (Rupees forty five thousand only) was deposited with the first opposite party on three different occasions. But contrary to the assurance by the opposite parties deposited amount was not paid to him on demand. The opposite parties evaded payment on one pretext or other. As we have already observed, the opposite parties were neither keen on filing the version nor to rebut the evidence let in by the complainant. Needless to say the complainant's evidence stands unchallenged and unassailable. In this context, we have no course open but to accept the evidence of the complainant.
In view of the facts and circumstances, the opposite parties are directed to pay the complainant the total amount of Rs.45,000/- (Rupees forty five thousand only) together with the interest of 18% per annum from the date 26th September 2006. They are further directed to pay a compensation of Rs.5,000/- (Rupees five thousand only) to the complainant. The opposite parties and their assets are liable for the said amount. The opposite parties shall comply with the order within 30 days of receipt of this order.
Complaint stands disposed accordingly. No order as to 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 opposite parties:-
Ext.A1 - Copy of General 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:-
