IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of November, 2009
Filed on 24.10.08
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.247/08
between
Complainant:- Opposite Parties:-
Sri.Rajumon, 1. Sarvodayapuram Merchant Association Trust,
S/o Kumaran, Reg. No.158 IV/1994.
Chirayil,
Thathampally.P.O., 2. Rep. by its Secretary, Salim Kumar,
Alappuzha. S/o Vasu, Madathinkal, Kattoor.P.O.,
(By Adv.M.Raveendra Das) Kalavoor-688 546.
(By Adv.S.Sreekanthan)
3. Babu.P, S/o Padmanabhan,
Vattayalunkal, Kattoor.P.O.,
Kalavoor, Alappuzha.
4. Vijayan.K, S/0 Karthyayini,
Matchinkal, Kattoor.P.O., Kalavoor. (By Adv.S.Murugan)
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Sri.Rajumon has filed this complaint on 24.10.2008. The allegations of the complainant are as follows:- The opposite parties had contacted him and assured that they are giving attractive interest for the deposits and they are conducting a Trust by name M/s. Sarvodayapuram Merchants Association and that several peoples have deposit amounts with them. As per the assurance of the opposite parties, he had deposited a sum of Rs.1,00,000/- (Rupees one lac only) with the opposite parties and the opposite parties had paid interest to the deposited amounts up to 16.05.2008. He had requested the opposite parties to return the deposited amount. But the opposite parties had not cared to return the amounts. He had sent Advocate Notice to the opposite parties, requesting to return the amounts. But the opposite parties have not turned up and he had not obtained any relief from the opposite parties. Hence this complaint.
1. Notices were issued to the opposite parties. They appeared before the Forum and filed objection. In the objection filed by the opposite parties 1 and 2, they have stated that the complaint is bad for non-joinder of necessary parties. ie., other Trust members and they have not persuaded the complainant to deposit the amount. It is stated that after conducting a meeting of the Trust members, they have decided to release the amount by disposing of the properties of the Trust, including the amounts deposited with them. It is further stated that they have disposed of the property having the extent of 25 cents of Land of the Trust for a sum of Rs.9-10 lakh and the amounts within the hands of 3rd and 4th opposite party and they have handled the amount for their needs.
2. The objection filed by the 3rd and 4th opposite parties, it is stated that they have not conducted any financial dealings. They have not contacted the complainant in any time for deposit. They have not given any receipt for the alleged against, and they are not liable for any amount payable to the complainant and they have not committed any deficiency in service. The 3rd opposite party have accepted the notice of the complainant, and intimated the details to the 2nd opposite party. So reply notice was not sent.
3. Considering the contentions of the parties, this Forum has raised the following issues for consideration
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complaint is entitled to get the deposited amounts?
3) Compensation and Costs?
Issues 1 to 3
4. The complainant have filed proof affidavit in support of his case and produced documents in evidence, and he has been examined as PW1 and cross examined by the opposite parties 1 to 4. Documents marked as Ext. A1 to A6. Ext. A1 is the original Pass Book issued by the opposite party to the complainant. It shows the details of the deposits and payment of interest paid up to 16.05.2008. Ext.A2 is the copy of the Advocate Notice sent to the opposite parties directing to settle the matter. Ext. A3 is the Postal Receipts and Ext. A4 and A5 are the Acknowledgment Cards. Ext. A6 is the Notice sent to the 3rd opposite party by the complainant which was returned with the endorsement ‘unclaimed’. The opposite party 1 and 2 submitted that they have no oral evidence. The opposite party 3 and 4 has not produced any evidence before the Forum, even though chances were given for that.
5. We have heared the matter in detail, and perused the documents produced by the complainant in evidence and the deposition. It is alleged that on the basis of the assurance of the opposite parties 2 to 4, the complainant had deposited the amount of Rs. One lakh with them as fixed deposits. At the time of the deposit, the opposite parties have assured that the deposited amounts were returned to the complainant in time. It is alleged that as per assurance, the complainant had deposited amounts earlier with the opposite parties and obtained those amounts with interest from the opposite parties, and that on 07.08.2008, the opposite parties have to return a sum of Rs.1 lakh to the complainant by way of deposits. To a certain period the opposite parties had paid interest to the complainant. But the opposite parties have declined to repay the deposited amount in time. Since there was refusal to repay the amount, the complainant sent the advocate notice to the opposite parties. But the opposite parties have not turned up. Refusal to return the deposit amount and its interest to the complainant, the matter will come within the perview of deficiency in service and negligence on the side of the opposite parties. The opposite parties are jointly and severally liable to return the amount to the complainant, since the complainant was a bonafide depositor. Ext. A1 document clearly shows the deposited amount and the payment of interest to the complainant. The opposite parties are not at all entitled to retain the amount with them without payment to the complainant. The complainant is fully entitled to get the deposited amount s and its interest from the opposite parties. The objection raised by the opposite parties cannot be accepted as valid grounds for the denial of the payment and it lacks bonafides. The whole action of the opposite parties shows their illegal ways and fully arbitrary and unauthorized. So considering the whole aspects of this matter, we are of the view that the allegation of the complainant against the opposite parties are to be treated as genuine and complainant is to be allowed as prayed for. All the issues are found in favour of the complainant.
In the result, we hereby direct the opposite parties to return the deposited amount of Rs.1 lakh to the complainant with interest at the rate of 12% from the date of 07.08.2008 onwards till the date of realization of the entire amount and pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant for his mental agony, pain, harassment, loss and inconvenience due to the grossest deficiency in service, culpable negligence of the opposite parties, by way of cheating and purposeful denial to repay the deposited amount, with interest in time and directing the opposite parties to pay an amount of Rs.2,000/- (Rupees two thousand only) as costs for this proceedings. We further direct the opposite parties to pay the said amounts to the complainant within 30 days from the date of receipt of this order.
Complaint is allowed accordingly.
Pronounced in open Forum on this the 30th day of November, 2009.
Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
PW1 - Rajumon.C.K (Witness)
Ext. A1 - The original Pass Book
Ext. A2 - The copy of the Advocate Notice dated, 13.08.2008
Ext. A3 - The Postal Receipts (3 Nos.)
Ext. A4 - The Acknowledgment Card
Ext. A5 - The Acknowledgment Card
Ext.A6 - The Returned Letter with cover
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
