Kerala

Alappuzha

CC/07/243

T.K.Sarala Devi - Complainant(s)

Versus

S.N.D.P Shaka Yogam Branch,(president) - Opp.Party(s)

29 Mar 2008

ORDER


Alappuzha
CONSUMER DISPUTES REDRESSAL FORUM ,BAZAR P.O
consumer case(CC) No. CC/07/243

T.K.Sarala Devi
Saija P.S
...........Appellant(s)

Vs.

S.N.D.P Shaka Yogam Branch,(president)
P.G Babu
G.Balan
K.Bhaskaran,(Secretary)
G.Purushan,(Member)
A.K .Karunakaran
P.Gopi,(Member)
D.Chandran,(Member)
N.Ponnapan,(Member)
V.Purushan,(Member)
N.Purushan,(Member)
...........Respondent(s)


BEFORE:
1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

SMT. N. SHAJITHA BEEVI (MEMBER ) The complaint filed the complainants by alleging deficiency of service against the opposite parties. The case of the complainants are that the complainants deposited Rs.5,000/- on 03.11.2003 and Rs.20,000/- on 06.07.2004, Rs.27,000/- on 02.05.06, Rs.3,000/- on 10.7.06, Rs.4,000/- on 10.10.06, Rs.25,000/- on 11.11.03 and 10.10.06 thus a total Rs.1,30,000/- was deposited with the opposite parties. At the time of deposit of this amount opposite parties agreed together with the rate of interest. But they have not paid any amount as interest. Hence the complainant claims back the principal amount together with interest. But the opposite parties have not given any amount. 2. Notice was issued to the opposite parties. But opposite parties were not appeared before this Forum. Hence they were set exparte. 3. Considering the contentions of the complainant this forum raised the following issues: Whether the complainant is entitled for claim amount and compensation from the opposite parties establishing the deficiency as averred in the complaint? 4. Petitioner filed proof affidavit and produced document marked as Ext. A1. 5. Ext. A1 shows that complainant was deposited Rs. 1,30,000/-. In this document it is stated the details of amount deposited. In this receipt it is written as “Chathaya Nikshepam. 6. Opposite parties are exparte in this proceedings and they were not disputed the case of the complainant. The documents produced by the complainant shows the details of their transaction with the opposite parties. Hence complainants is entitled to get back the deposited amount of Rs.1,30,000/-. There is an evidence produced by the complainants showing the rate of interest in the said transaction. In the circumstances this Forum is inclined to grant 7.5% interest annually. 7. In the result the petition is allowed and directed to the opposite parties to pay the said amount of Rs.1,30,000/- (Rupees one lakh and thirty thousand only) with interest at the rate of 7.5% from 10.10.2006 till the date of realization. Rs.1000/- (Rupees one thousand only) is allowed as cost of this proceedings. Opposite parties are liable to pay the cost to the complainant. This order shall be complied by the opposite parties within 30 days from the date of receipt of this order. Petition allowed. Pronounced in open Forum on this the 29th day of March, 2008. Sd/- SMT.N. SHAJITHA BEEVI: Sd/- SRI. JIMMY KORAH : Sd/- SRI.K.ANIRUDHAN: APPENDIX:- Evidence of the complainant:- Ext.A1 - Pass Book Evidence of the opposite parties:- Nil




......................JIMMY KORAH
......................K.Anirudhan
......................Smt;Shajitha Beevi