IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of March, 2012
Filed on 05.11.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.355/2011
between
Complainant:- Opposite Parties:-
Sri.Prakasan 1. SNDP Sakha Yogam No.363
Nadakkalparambu Vishnu Nivas Kakkazhom, Neerkkunnam
Near Kidangamparambu Temple Alappuzha, Represented by
Mullackal Village, Alappuzha its Secretary
(By Adv. Laly Joseph)
2. Sri.K.Bhaskaran, Secretary
SNDP Sakha Yogam No.363
Kakkazhom, S/o Kesavan
Anavelil House
Neerkkunnam, Alappuzha
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. Prakasan has filed this complaint before the Forum on 05.11.2011 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 1st and 2nd opposite parties are the SNDP Sakha Yogam, represented by its Secretary, SNDP Sakha Yogam No. 363, Kakkazhom. The entire operation of the Sakha Yogam is being carried out by one Sri. Bhaskaran, the Secretary. The specific assurance of the opposite parties he had deposited a sum of Rs.1,30,000/- before the Sakha Yogam on different dates and opposite parties issued pass book to the complainant. They had paid interest till 26.9.2006 and thereafter 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. It shows that the deposited amount, interest paid etc.
6. On a careful study of the entire matter of this case and verification of the documents, 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 and 2. The pass book issued by the opposite parties shows that opposite parties had paid some 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 earnest effort to take proper steps 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 with interest which is payable to the complainant. The action of the opposite parties are highly illegal and arbitrary and without any bona fides. The complainant is fully entitled to get back the deposited amounts with interest from the opposite parties. Since there is deficiency in service and negligence on the part of the opposite parties by way of purposeful denial of repayment of amounts to the complainant, 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 and after verification of the documents, 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.1,30,000/- (Rupees one lakh and thirty thousand only) to the complainant along with 18% interest per annum from 26.09.2006 till the date of repayment of the entire amount 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, culpable negligence and unfair trade practice of the opposite parties by way of purposeful refusal to return back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs.2000/- (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 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of March, 2012.
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:-
