ORDER SRI. K. ANIRUDHAN (MEMBER) Smt. Sindu Das, D/o C.G. Das, has filed this complaint before the Forum on 07.11.08 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd and 3rd opposite parties are the Secretary and President of the first opposite party – SNDP Sakha No. 363, Kakkazham. The opposite parties has assured the depositors that they will invest the funds in different ventures and make profits thereof will be distributed among the investors @ 18% per annum payable on monthly basis. As such the opposite parties paid the return to her till September 2006. The entire operation of the Trust is being carried out by the Secretary and President. She had deposited a total sum of Rs. 2,54,750/- (Rupees Two lakh fifty four thousand seven hundred and fifty only) before the Trust on different dates. The opposite parties had paid interest @ 18% per annum for the amount deposited till September 2006. Therefore the opposite parties failed to pay the interest or deposited amount till date, even though she had requested to return the amount. Since there was no positive steps to return the amount, she filed this complaint seeking relief. 2. Notices were issued to the opposite parties. 1st and 2nd opposite parties had not appeared before this Forum. Considering their absence, they were set ex parte by this Forum, 3rd opposite party entered appearance and filed versions, stating the positions. 3. In the version of the 3rd opposite party it is stated that he has no interest in the subject matter of this complaint, and he has no financial transaction with the complainant. It is stated that the financial transaction of the said Sakhayogan goes only through the Secretary as per bye laws of the said Sakhayogam, and that the Secretary shall have the right to repayment for and on behalf of the said Sakhayogams. It is further stated that the issuance of Pass book to the complainant will not come within his personal capacity or nothing else. It is further stated that the complainant cannot demand any amount or interest from him and that the complaint is not entitled to recover any amount or any relief from him. 4. Considering the contentions of the 3rd opposite party, this Forum has raised the following issues. 1. Whether there is any deficiently 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 have filed proof affidavit in the support of her case and produced documents in evidence – Ext.A1 and A2 – marked. Ext. A1 is the Power of Attorney of Smt. Sindu Das, the complainant authorising Sri. Binu Das, to represent before the Forum and to give evidence. Ext. A2 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 and the balance outstanding amount,. The Book shows that an amount of Rs. 2,54,750/- ( Rupees Two lakh fifty four thousand seven hundred and fifty only) is the balance outstanding amount to be released. 6. The 3rd opposite party has represented that he has no oral evidences. 7. 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 trust administered by the opposite parties 2 and 3. The opposite parties had paid interest to the complainant for a certain period, for the said deposited amounts. Since the opposite parties had defaulted payment of interest, the complainant requested the opposite party 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. 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 complainant, 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 have fully convinced that the allegations put forward by the complainant 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 amount of Rs. 2,54,750/- (Rupees Two lakh fifty four thousand seven hundred and fifty only) to the complainant with 18% interest per annum 20.09.06 till the date of repayment of the entire amount, and pay a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant for her 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. 2,000/- (Rupees Two 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. Pronounced in open Forum on this the 30th day of June 2009. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext. A1 - Power of Attorney Ext. A2 - Pass Book Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Parties/S.F. Typed by:- vo/- Compared by:-
| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | | 
