IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of January, 2010
Filed on 20.11.2008
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.277/08
between
Complainant:- Opposite Parties:-
Sri. K.K. Thampi 1. SNDP Branch No.371,
Kuruvikadu, (Asha Bhavan) Kalarcode, Sanathanapuram P.O.
Vadackal P.O., Alappuzha Alappuzha – 688 003
(By Adv. P.V. Thomas) Represented by its Secretary
2. Sri.S.Sugunan, Secretary, SNDP
Branch No.371, Kalarcode
Sanathanapuram P.O., Alappuzha
Residing at Veluthedathuparambu
Kalarcode, Alappuzha
3. Sri. Babu, President, SNDP Branch No.371, Kalarcode, Sanathanapuram
P.O., Alappuzha, Residing at
Azhiyakathu House, Kalarcode
Alappuzha
4. Sri. Prasannan @ Prasho
Velamparambu House
Kalarcode, Alappuzha
5. Smt.Saraswathi, Velamparambu
Kalarcode, Alappuzha
(By Adv. V.S.Vinod Kumar)
O R D E R
SMT. N. SHAJIHA BEEVI (MEMBER)
Sri. K.K. Thampi has filed this complaint before the Forum on 20.11.2008 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 1st opposite party is the SNDP Sakha Yogam No.371, Kalarcode represented by its Secretary, 2nd and 3rd opposite parties are its President and Secretary. 4 & 5 are the committee members. 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 @ 21% interest per annum payable on monthly basis. The entire operation of the Sakha Yogam is being carried out by the Secretary. On the specific assurance of the opposite parties, the complainant had deposited a total sum of Rs.1,00,000/- on different dates. Then the complainant further deposited Rs.4500/- as the Gurudevan Funds. And further deposited Rs.4000/- to the daily deposit scheme. The opposite parties issued pass books. They had paid interest up to 14.5.2007. Thereafter the complainant had personally met the opposite parties and requested them to disburse the principal sum. On 21.12.2007 the opposite parties had given back the amount of Rs.50,000/- to the complainant. But the opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount in time. Hence he filed this complaint seeking relief.
2. Notices were issued to the opposite parties. They had appeared before this Forum and filed version. In the version of opposite parties, they had admitted the transaction, but the complainant received the full deposited amount of Rs.1,00,000/- and Gurudevan fund on the way of cheque and cash. And further contended that that the complainant will be entitled only Rs.1,600/- as per the Gurudeva deposit scheme. And further contended that the complainant get back the amount on 20.8.2007 as per daily deposit scheme.
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?
5. Issues 1 and 2:- Complainant has filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 to A4 were 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. Ext.A2 is the Pass book savings a/c statement, Ext.A3 is the pass book of Gurudeva Fund and Ext.A4 is the pass book of daily collection. The complainant cross examined by the opposite parties. On the side of the opposite parties filed proof affidavit and produced document in evidence – Ext.B1 was marked. Ext. B1 is the copy of the receipt dated 21.12.2007 executed by the complainant – in evidence of the opposite parties. It shows that he has accepted an amount of Rs.50,000/- from the opposite parties and further shows that he has already received an amount of Rs.50,000/- also by way of cheque No.210999. In the cross examination, the complainant has admitted that he only the acceptance of Rs.50,000/- by cheque.
In the result, we hereby direct the opposite parties to pay an amount of Rs.4,000/- (Rupees four thousand only) as per daily collection and Rs.1600/- (Rupees one thousand and sixty only) to the complainant. Considering the facts and circumstance of this case, we are not ordering any compensation or cots to the complainant 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.
Complaint allowed.
Pronounced in open Forum on this the 29th day of January, 2010.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
PW1 - K.K.Thampi (Witness)
Ext. A1 - Original Pass Book
Ext.A2 - Pass book – savings a/c statement
Ext.A3 - Pass book of Gurudeva fund
Ext.A4 - Pass book of daily collection
Evidence of the opposite parties:-
Ext.B1 - Copy of the receipt
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
