IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 30th day of January, 2012
Filed on 11.10.2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member) in
CC/No.336/2011
between
Complainants:- Opposite parties:-
1. Sri.A.N.Gopalakrishna Panicker 1. SNDP Sakha Yogam No.363
Midhila, Ward No.4, Punnapra Represented by its Secretary
Kakkazhom, Neerkkunnam
Ambalappuzha, Alappuzha
2. Smt.L.Indira Devi -do-
2. The President, -do- -do-
3. Sri..G.Venu -do-
3. The Secretary, SNDP Sakha Yogam
4. Sri.G.Krishnan -do- No.363, -do- -do-
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainants' case in a nutshell is as follows:- The complainants, yielding to the allurements of the opposite parties, deposited a total amount of Rs.3,90,000/- (Rupees three lakhs ninety thousand only) with the opposite parties. The complainants deposited the said amount gradually on different stages. The opposite party had offered to the complainant the interest at the rate of 24% per annum. The complainants were induced by the opposite parties by tempting assurances. Subsequent to the deposit of the amount, the complainants were not provided only 18% interest and that too was given only until 25th September 2006. Thereafter, notwithstanding repeated requests and demand, the opposite parties have so far paid neither the interest nor the deposit amount to the complaints. Got aggrieved on this, the complainants 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 complainant consists of the testimony of the complainants themselves, and the documents Exts. Al to A6 were marked. As have been already observed, the opposite parties neither turned up nor contested the complainants' case.
4. Taking into account the complainants' contention the issues that arise before us for consideration are:-
1) Whether the complainant deposited any amount with the opposite parties?
2) Whether the complainant is 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 A6. Exts. Al to A6 bears out markedly that the complainants have deposited an amount of Rs.3,90,000/- (Rupees three lakhs ninety thousand only) with the opposite parties. We are of the strong view that the complainant 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 opposite parties are directed to pay an amount of Rs.3,90,000/-(Rupees three lakhs and ninety thousand only) with 12% interest from the date of institution of the instant complaint to the complainants till the recovery of the same and further ordered to pay a sum of Rs.10,000/- (Rupees ten thousand only) to the complainant as compensation for their mental agony, pain, sufferings due to the deficiency in service and negligence by way of purposeful denial to repay the fixed deposited amount to the complainants. We hereby ordered 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 costs.
Pronounced in open Forum on this the 30th day of January, 2012.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt.N. Shajitha Beevi:
Appendix:-
Evidence of the complainant :-
Exts.A1 to A6 - Original Pass Books (6 Nos.)
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
