IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of August, 2009
Filed on 10.07.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)
in
C.C.No.245/09
between
Complainant:- Opposite Parties:-
Sri. Shaji, Puthuval 1. SNDP Branch No.3715 Komana
Neerkkunnam, Alappuzha Ambalappuzha, Alappuzha
(By Adv. R. Rajendra Prasad) Represented by its Secretary
2. The President, SNDP Branch
No.3715 Komana, -do-
3. The Secretary, SNDP Branch No.
3715 -do- -do-
O R D E R
SRI. N. SHAJITHA BEEVI (MEMBER)
Sri. Shaji has filed this complaint before the Forum on 10.07.2009 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 Branch No.3715, Komana, represented by its Secretary, 2nd and 3rd opposite parties are its President and Secretary. 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.5000/- on 13.04.2006 before the Sakha Yogam and opposite parties had issued pass book to him. The opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount. Since there was no positive steps to return the amount, he filed this complaint seeking relief.
2. Notices were issued to the opposite parties. They had not appeared before this Forum. Considering their absence, they were set exparte by this Forum.
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 was marked. Ext. A1 is the original pass book issued by the opposite parties to the complainant at the time of depositing the amount of Rs.50,000/-.
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 in the Sakha Yogam administered by the opposite parties 1 to 3. The pass book shows that the complainant had deposited Rs.50,000/- on 13.04.2006. 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 amount with interest. 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 fully entitled to get back the deposited amount with interest from the opposite parties. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment to the complainant in time, he 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 one thousand only) to the complainant along with 18% interest per annum from 13.04.2006, till the date of repayment of the entire amount 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 purposeful refusal to return back the balance deposited amounts and its interest in time to the complainant, and further pay a sum of Rs.1,000/- (Rupees one thousand only) as cost of this proceedings. 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 31st day of August, 2009.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass Book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by :-pr/-
Compared by:-
