ORDER SRI. K. ANIRUDHAN (MEMBER) Smt. K. Vasantha W/o Sundaram, has filed this complaint before the Forum on 31.12.08 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 and 3rd opposite parties are the Secretary and President of the first opposite party – SNDP Sakha Yogam No. 395, Paravoor North, Punnappra. The opposite parties have assured her that they will pay interest to the investors @ 18% per annum after included the deposit in SN Dinanikshepam. As per the specific assurance of the Secretary and President, she had deposited a total sum of Rs. 70,000/- (Rupees Seventy thousand only) and Rs. 6,00,000/- (Rs. Six lakhs only) on 24.01.2005 and 15.10.2005 respectively with the opposite parties. The opposite parties had issued Pass book to the complainant. The opposite parties had paid interest every month @ 18% per annum for the amount deposited. The opposite parties paid interest for the 1st deposit till 24.12.2006 and for 2nd till 15.12.2006. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though she had requested to return the amount. The opposite party paid Rs. 1 lakh to her on 23.04.2007 out of 2nd deposit. Since there was no positive steps to return the balance amount, she filed this complaint seeking relief. 2. Notices were issued to the opposite parties. Opposite parties 1 and 3 entered appearances and filed version. 2nd opposite party is set exparte. 3. In the version of the 1st and 3rd opposite parties it is stated that the complainant has taken back the deposited amount on different dates, and no amount is payable to her, and that she is not entitled to get 18% interest as alleged. It is stated that the complainant had deposited the amount before the first opposite party and that the first opposite party has assets having Rs. 1 crore value. The complaint is not entitled to get any relief from the 3rd opposite party. 4. Considering the contentions of the 1st and 3rd opposite parties, 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 have filed proof affidavit in the support of her case and produced documents in evidence – Ext.A1– marked. Ext. A1 is the original Pass Book issued by the opposite parties to the complainant at the time of depositing the amount. The first Pass Book shows the deposited amount, of Rs. 70,000/- (Rupees Seventy thousand only) on 24.01.2005 and the details of interest paid. The second Pass Book shows the deposit amount of the Rs. 6,00,000/- ( Rupees Six lakhs only) on 15.10.2005 and it further shows the return of Rs. 1 lakh from the above amount of Rs. 6 lakhs. 6. The 1st and 3rd opposite parties has represented that they have no oral evidences. 7. 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 Trust administered by the opposite parties. The opposite parties had paid interest to the complainant for a certain period, for the said deposited amounts and released a sum of Rs. 1 lakh from the second deposit. Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the first and second deposited amounts with interest. But the opposite parties have not shown any earnest 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. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is entitled to get back the deposited amounts with interest fully. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment of deposited amounts to the complainant, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that. The contentions raised by the opposite parties 1st and 3rd lacks merit and it cannot be accepted as a valid ground for denial of deposited amount to the complainant. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant 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. 70,000/- (Rupees Seventy thousand only) with 18% interest from 24.12.2006 till the date of payment to the complainant and pay Rs. 5 lakhs (Rupees Five lakhs only) with interest at the rate of 18% from 15.12.2006 till the date of payment to the complainant, and pay a compensation of Rs. 10,000/- (Rupees Ten 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 pay a sum of Rs. 2,000/- (Rupees Two thousand only) as cost 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 29th day of January 2010. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext. A1 - Pass Books Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Parties/S.F. Typed by:- vo/- Compared by:- | 
