IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 29th day of February, 2012
Filed on 02.12.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.392/2011
between
Complainant:- Opposite Parties:-
Sri. P.K. Michael 1. Secretary, NSS Karayogam Branch Puthanpurackal No.1365, Neerkkunnam,
Vandanam P.O., Alappuzha
2. President, NSS Karayogam No.1365, Neerkkunnam
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Complainant has filed this complaint before the Forum on 02.12.2011 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 depositors that they will invest the funds in different ventures and make profits thereof will be distributed among the investors reasonable ratifications payable on monthly basis. The entire operation of the Karayogam is being carried out by the opposite parties. Complainant deposited a total sum of Rs.50,000/- before the NSS Karayogam on different dates. The opposite parties had issued pass book showing the deposit of the same and they had paid interest till 7.6.2006. Thereafter, the opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount, he filed this complaint seeking relief.
2. Notices issued to the opposite parties, they had not appeared before this Forum. So, they were set exparte by this Forum on 23.1.2012.
3. Considering the contentions 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 deposit to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties?
5. Issues 1 and 2:- Complainant has filed proof affidavit in the support of his case and produced document in evidence – Ext.A1 marked. Ext. A1 is the original pass book issued by the opposite parties to the complainant at the time of depositing the amount. It shows the deposited amount, interest paid etc.
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 the amount of Rs.50,000/- before the NSS Karayogam administered by the opposite parties. The opposite parties had paid interest till 7.6.2006 to the complainant for the said deposited amount. 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 in repayment of deposited amount with interest to the complainant in time. 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 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 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.50,000/- (Rupees fifty thousand only) with 14% interest per annum from 7.6.2006 till the date of payment to the complainant and pay a compensation of Rs.5,000/- (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 by way of refusal to return back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs.1,000/- (Rupees one thousand only) as costs of this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant within 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 29th day of February, 2012.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass Book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
To Senior Superintendent
Complainant/Opposite parties/ S.F.
Typed by:-pr/-
Compared by:-
