1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. S.Ashok Kumar has filed this complaint before this forum alleging deficiency in service on the part of the opposite parties Secretary and President, S.N.D.P. Sakha Yogam No. 245, Vandanam, Alappuzha. The brief facts of the contentions of the complaint is as follows:- On 23-12-1999, the complainant had deposited a sum of Rs. 50,000/- for a period of six years before the opposite parties Sakhayogam. The opposite parties had issued the cash receipt No. 1125 for the said deposit vide dated 23-12-1999 to the complainant together with the pass book No. 1116. The Passbook shows that an amount of Rs. 1,23,132/- as on 11-09-2006 is the outstanding amount. At the time of filing the complaint Sri. Ravindran, S/o Krishnan, Kattunkal veedu, Vandanam and Sri. C.N. Prabhakaran S/o Nanu, Chamapparambil House, Vandanam are the Secretary and President respectively. Since the opposite parties have not taken any earnest effort to repay the deposited amount, the complainant had contacted the opposite parties. But the complainant has not obtained a positive step for getting the amount. Hence the complainant for the said amount with compensation and costs. 2. Notice was issued to the opposite parties. The have accepted the notices. Their counsel filed Vakalath. But not filed any version. Considering the absence of the opposite parties and their counsel, they were set exparte on 13-06-2008. The complainant filed proof affidavit and filed documents Exts. A1 and A2 series marked. Ext. A1 is the cash receipt for the fixed deposit of Rs. 50,000/-. It is seen that the receipt was signed by the Secretary, S.N.D.P. Branch No. 245, Vandanam, Alappuzha vide No. 1125 dated 23-12-1999. It was issued in favour of the complainant Sri. S.Ashok Kumar. Ext. A2 series are the pages of the passbook No. 1116 dated 02-08-2004 issued by the said Sakha Yogam to the complainant. It shows that an amount of Rs. 1,23,132/- is outstanding on 11-09-2006. 3. Considering the contentions of the complainant, this forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Compensation and costs. 4. Issues 1 and 2:- On a perusal of the documents produced by the complainant in evidence, (Ext. A1 and A2) it can be seen that the opposite parties had received the amount of Rs. 50,000/- by way of fixed deposit from the complainant. The fixed deposit receipt was signed by the Secretary and issued to the complainant. The passbook shows that an amount of Rs. 1,23,132/- is the outstanding amount. In spite of repeated request of the complainant, the opposite parties have not taken any steps to give back the deposited amount to the complainant so far. The denial of the repayment of the fixed deposit amount to the complainant will come within the purview of deficiency in service on the part of the opposite parties and for this; the opposite parties have to compensate for the complainant. The issues are found in favour of the complainant. On a perusal of the complaint, affidavit and documents given in evidence and after a detailed hearing, it can be seen that there is gross negligence and cheating on the part of the opposite parties. The acts of the opposite parties are highly illegal arbitrary and unauthorized. There is gross dereliction culpable negligence, and gross deficiency in service, which caused mental agony and physical strain to the complainant. Hence, we are of the view that the contentions of the complainant are genuine and he is entitled to get compensation and costs and the complaint is to be allowed as prayed for. In the result, we hereby direct the opposite parties to return the outstanding balance amount of Rs. 1,23,132/- to the complainant with a compensation of Rs. 10,000/- for mental agony of the complainant, and a costs of Rs. 1,500/- for this proceedings. We further direct the opposite parties to pay the said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 29th day of August, 2008 Sd/- Sri. K.Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N.Shajitha Beevi APPENDIX Evidence of the Complainant:- Ext. A1 23-12-1999 Copy of Fixed Deposit Cash Receipt Ext. A2 Series Copy of pages of passbook No. 1116 Evidence of the Opposite parties:- NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
