IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of May, 2011
Filed on 10.12.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.351/10
between
Complainant:- Opposite Parties:-
Smt. Santhamma 1. SNDP Sakha Yogam No.363
Pulimparambu, Kaithavana Rep. its Secretary,
Alappuzha, Now residing at Kakkazhom, Kollakadav, Kaithavana East Alappuzha
Alappuzha
(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
SMT. N. SHAJITHA BEEVI (MEMBER)
Smt. Santhamma has filed this complaint before the Forum on 10.12.2010 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd opposite party have assured the depositor that they will give interest @ 18% per annum payable on the monthly basis to the depositors. The entire operation of the Sakha Yogam is being carried out by the Secretary. The complainant had deposited a total sum of Rs.41,840/- before the Sakha Yogam on different dates. The opposite parties issued pass book to the complainant and opposite parties were paid interest till 26.09.2006. Thereafter the opposite parties failed to pay the interest or deposited amount, even though he had requested to the opposite parties to return the 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. But they have not appeared before this Forum. Considering their absence, they were set exparte by this Forum on 11.04.2011.
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 fixed deposit 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 produced two documents in evidence – Ext.A1 and A2 were marked. Ext. A1 and A2 are the original Pass Books issued to the complainant at the time of the deposit. It shows the payment of interest to the complainant.
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 Sakha Yogam administered by the opposite parties. The pass book shows that opposite parties had paid some 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 in repayment of deposited amount with interest to the complainant in time. It is to be obtained that the action of the opposite parties shows their irresponsible attitude towards this transaction. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is fully entitled to get back the deposited amounts with interest from the opposite parties. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment to the complainant, she 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 to return the amount of Rs. 41,840/- (Rupees forty one thousand eight hundred and forty only) to the complainant along with 18% interest per annum from 26.09.2006 to till the date of repayment of the entire amount to the complainant and pay a compensation of Rs.5,000/- (Rupees five thousand only) to the complainant for her 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 directing the opposite parties to pay a sum of Rs. 1,000/- (Rupees one thousand only) as costs 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 May, 2011.
Sd/- N..Shajitha Beevi:
Sd/-Sri. Jimmy Korah:
Sd/- Sri.K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Exts.A1 and A2 - 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:-
