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. K. Balakrishna Kurup has filed this complaint before this Forum alleging deficiency in service on the part of the opposite party. The complaint of the party is that he had taken 2 shop rooms bearing Nos. IX/523, IX/526 owned by the opposite party, after remitting the deposited amount of Rs.20,000/- each, vide receipt Nos.31/dt.27.4.98 and 79/dt.6.2.99 (Total amount comes to Rs.40,000/-). Since the opposite party has not fixed the fair rent for the said shop-rooms, the complainant could not remitted the rent vide letter dt.20.10.06, the opposite party demanded to return the possession of the said rooms together with the key of the rooms. As such, the complainant surrendered the shop rooms on 3.11.2006 to the opposite party and that the opposite party had issued receipt for the same. But the opposite party has not returned the deposited amount, after deducting the rent for the said rooms; to the complainant even after repeated requests. Hence the complainant has filed the complaint alleging deficiency in service. 2. Notice was issued to the opposite party and they have accepted the same and entered appearance, filed version and produced statement regarding the rent. On the side of the complainant he has produced 7 documents marked as Exts.A1 to A7. The version of the opposite party shows that the complainant was in occupation of the said rooms and he has not remitted the rent with effect from April, 2005 to September, 2006. It is stated that the opposite party had obtained the key of the shop rooms from the complainant on 3.11.2006 and the opposite party has not obtained the original receipt of the deposited amount, from the complainant for releasing the deposited amount. The opposite party has requested that orders is to be issued to the complainant to produce the original receipts of the deposited amount, for releasing the deposited amount after deducting the rent amount as per their statement (Ext.B1). 3. Considering the contentions of the opposite party, this Forum has raised the following issue:- Whether there is any deficiency in service on the part of the opposite party in releasing the deposited amount to the complainant? 4. On the side of the complainant, 7 documents produced and marked. Ext.A1 is the auction notice dt.10.3.98 of the opposite party. It shows the earnest deposit amount for the schedule shops. Ext.A2 and A3 are the receipts dt.27.4.98 and 6.2.99 showing the remittances of Rs.20,000/- each by the complainant. Ext.A4 is the letter dt. 20.10.06 issued to the complainant by the opposite party directing to surrender the key of the schedule shop rooms. Ext.A5 is the receipt issued by the opposite party on 3.11.2006, to the complainant, after accepting the schedule rooms. Ext.A6 is the postal receipt. Ext.A7 is the letter dt. 25.11.06 addressed to the opposite party by the complainant requesting to release the deposited amount. In this matter it is to be noticed that as per the direction dt. 2.10.06 of the opposite party, the complainant had surrendered the schedule shop rooms to the opposite party on 3.11.06. But at the time of surrender of the shop rooms, or as per the written request of the complainant dt.25.11.06, the opposite party has not taken any earnest effort to release the deposited amount, after deducting the arrears of rent, if any. The delay in releasing the deposited amount in time will amount to deficiency in service and gross negligence, on the part of the opposite party and all the contentions of the opposite party are not sustainable. In this context we are of the view that the complainant is entitled to get back the deposited amount from the opposite party, after deducting the reasonable amount of rent arrears, if any. In the result, we direct the opposite party to pay back the deposited amount, after deducting the reasonable rent arrear to the complainant with 24% rate of interest per annum, together with a compensation of Rs.5000/- (Rupees five thousand only) for mental agony and inconvenience and a cost of Rs.2000/- (Rupees two thousand only). We further direct the opposite party to pay the above 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 May, 2008. Sd/- SRI. K. ANIRUDHAN : Sd/- SRI. JIMMY KORAH : Sd/- SMT. N. SHAJITHA BEEVI: APPENDIX:- Evidence of the complainant:- PW1 - Balakrishna Kurup (Witness) Ext.A1 - Auction Notice of Cheppad Grama Panchayat Ext.A2 - Copy of the Receipt dt.27.4.98 Ext.A3 - Copy of the Receipt dt.6.2.99 Ext.A4 - Letter dated 20.10.2006 Ext.A5 - Receipt dated 3.11.2006 Ext.A6 - Postal Receipt Ext.A7 - Letter dated 25.11.2006 Evidence of the opposite party:- Ext.B1 - Statement of the opposite party // True Copy // By Order Senior Superintendent To Complainant/Oppo.party/S.F. Typed by:-pr/- Compared by:-
