IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of July , 2011
Filed on 31-03-2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
C.C.No.121/2011
Between
Complainant:- | Opposite Parties |
Smt. Kunjumol Thampi, W/o T.J.Thampi, Thaithara house, Avalookunnu P.O, Alappuzha. | 1. S.N.D.P, Branch No. 363 Kakkazham, Neerkunnam,Represented by its Secretary. 2. The President, S.N.D.P Branch No. 363, Kakkazhom, Neerkunnam. 3. Secretary, S.N.D.P Branch No. 363, Kakkazham, Neerkunnam Alappuzha. |
O R D E R
SMT. N.SHAJITHA BEEVI (MEMBER)
Complainant has filed this complaint before the Forum on 31-03-2011 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 is the President of the first opposite party – SNDP Sakha Yogam No. 363, Kakkazhom, Neerkunnam. The 2nd opposite party has assured her that she will invest the funds in different ventures and make profits thereof will be distributed among the investors @ 24 % per annum payable on monthly basis. The entire amount of the Trust is being carried out by the Secretary. The complainant deposited an amount of Rs. 100000/- (Rupees One lakh only ) on 06/02/2004. The opposite parties had issued Pass book showing the deposit of the same. The opposite parties paid interest till September 2006. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though they had requested to return the amount, complainant filed this complaint seeking relief
2. Notices were issued to the opposite parties, and they had not appeared before this Forum. Considering their absence, they were set exparte by this Forum.
3. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiency 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?
4. Issues 1 and 2:- Complainants had filed proof affidavit in the support of their case and produced document in evidence – Ext.A1 is marked. Ext. A1 is the Pass book issued by the opposite parties to the complainant at the time of depositing the amount It shows the deposited amount, interest paid and the outstanding amount. The book shows that an amount of Rs.1,00000/- (Rupees One lakh only ) is the outstanding amount to be released to the complainant.
5. 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. 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. 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 of denial of repayment to the depositors, 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. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant is 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.1,00000 /- (Rupees one lakh only ) with 18% interest from September 2006 till the date of repayment of the entire amount and pay a compensation of Rs. 5000/- (Rupees Five thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence on the part of the opposite parties and further pay a sum of Rs. 1000/- (Rupees One thousand only) as cost of this proceedings. We further direct the opposite parties to pay the above said amounts to the complainants within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 29th day of July, 2011.
Sd/- Smt. N. Shajitha Beevi
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- sh/-
Compared by-
