IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of July, 2011
Filed on 31.03.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No. 118/2011
between
Complainant:- Opposite Parties:-
Sri.R.Krishnan Achari 1. SNDP Branch No.363
Ram Mandir, Asramam Ward Kakkazhom, Neerkkunnam
Avalookkunnu P.O. Represented by its Secretary
Alappuzha
(By Adv. R.Jayasimhan) 2. The President, SNDP Branch No.363
Kakkazhom, Neerkkunnam
3. The Secretary, SNDP Branch No.363
Kakkazhom, Neerkkunnam
O R D E R
SMT.N.SHAJITHA BEEVI (MEMBER)
Sri. Krishnan Achari 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 opposite parties have assured the depositor that they will give investors @ 12% interest per annum payable on monthly basis. He had deposited a total sum of Rs.2,00,000/- before the opposite parties on 28.06.2005. The opposite parties issued pass book and they had paid interest till September, 2006 to him. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount. So he filed this complaint seeking relief.
2. Notices were issued to the opposite parties. But the notices were returned with remarks of the postal authorities “door locked.”
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:- Complainant has filed proof affidavit and produced two document in evidence – Ext.A1 and A2 were marked. Ext. A1 is the Pass book issued by the opposite parties. The pass book shows that the deposited amount, interest paid etc. Ext.A2 is the letter dated 28.6.2005 stating that Rs.2 lakhs were received from the complainant by the Secretary of the opposite parties for the purpose of construction of the auditorium.
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 Rs.2,00,000/- before the opposite parties. The opposite parties had paid 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 deposited 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 by way of refusal to repay the deposited amount with interest to the complainant in time. There is no justification on the part of the opposite parties in retaining the amount with them which is payable to the complainant. The entire action of the opposite parties shows their irresponsible attitude towards this transaction. The complainant is fully entitled to get back the deposited amounts with amounts to the complainant. Since there is deficiency in service and negligence on the part of the opposite parties by way purposeful denial of repayment of deposit amount and its interest to the complainant in time, 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 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 deposited amount of Rs.2,00,000/- (Rupees two lakhs only) to the complainant along with 18% interest per annum from September, 2006, till the date of repayment of the entire amount to the complainant and pay a compensation of Rs.10,000/- (Rupees Ten thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service, culpable negligence and unfair trade practice on the part of the opposite parties by way of purposeful 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 costs of this proceedings and ordered that the complainant is free to proceed against the assets of the opposite parties for realization of the amounts in case any default to pay the amounts by the opposite parties. 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 July, 2011.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Pass Book
Ext.A2 - Letter dated 28.6.2005
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
