IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of August, 2011
Filed on 10.03.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.78/2011
between
Complainant:- Opposite Parties:-
Sri. Ajithkumar 1. SNDP Sakha Yogam Br. No.13 Anandamandiram, Thakazhy P.O. Karumadi, Represented by its
Thakazhy, Alappuzha District Secretary, Sri. Ratheesan
(By Adv. M.G.Reshu) Residing at Padmapuram
Karumady P.O., Alappuzha
And
its President, Sri.Kumaran
Residing at Nedumparambu
Amayida, Ambalappuzha P.O.
Alappuzha District
2. Sri.Ratheesan.P.
Residing at Padmapuram
Karumady P.O., Alappuzha
(Secretary, SNDP Sakha Yogam
Br. N.13, Karumady, Alappuzha)
3. Sri. Kumaran, Resident at
Nedumparambu, Amayida
Ambalappuzha P.O., Alappuzha
(President, SNDP Sakha Yogam
Br. No.13, Karumady Alappuzha)
O R D E R
SMT. N.SHAJITHA BEEVI (MEMBER)
Sri. Ajithkumar has filed this complaint before the Forum on 10.03.2011 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd opposite party is the Secretary and 3rd opposite party is the President of the first opposite party – SNDP Sakha Yogam Branch No.13, Karumady. On the assurance of the 2nd and 3rd opposite parties, the complainant had deposited a total sum of Rs.2,50,000/- before the Trust on 15.04.2004. The opposite parties had issued Pass book at the time of the deposit and paid interest till 15.09.2006. 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 were issued to the opposite parties, and 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 deficiently in service and negligence on the part of the
opposite parties in repayment of the deposit amount to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties?
5. Issues 1 and 2:- Complainant had filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 marked. Ext. A1 is original the pass book issued by the opposite parties at the time of the deposit.
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 Trust administered by the opposite parties. The opposite parties had paid interest to the complainant for a certain period, 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. 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 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.2,50,000/- (Rupees two lakhs and fifty thousand only) with 18% interest from 15.09.2006 till the date of payment to the complainant and pay a compensation of Rs. 10,000/- (Rupees Ten 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 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 April, 2010.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Pass book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/F
Typed by:-pr/- Compared by:-
