IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of March, 2011
Filed on 24.11.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.315/10
between
Complainants:- Opposite Parties:-
1. Sri.Shamsudheen 1. SNDP Sakha Yogam No.363
Nilayam Parambu House Rep. its Secretary,
Kuthiyathodu P.O. Kakkazhom, Neerkkunnam Cherthala, Alappuzha Alappuzha
2. Smt.Jaleema, W/o Shamsudheen 2. Sri. K.Bhaskaran, Secretary -do- -do- SNDP Sakha Yogam No.363
Kakkazhom, S/o Kesavan
3. Aishamol, D/o Shamsudheen Anavelil House
-do- -do- Neerkkunnam, Alappuzha
Represented by legal guardian
Jeeleema, The mother of Aishamol
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. Shamsudheen and his wife and their daughter have filed this complaint before the Forum on 24.11.2010 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 and Secretary, SNDP Sakha Yogam No. 363, Kakkazhom. 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 @ 18% per annum payable on monthly basis. The entire operation of the Sakha Yogam is being carried out by the Secretary. Believing the assurance of the opposite parties the complainants had deposited a total sum of Rs.5,66,000/- before the Sakha Yogam on different dates. The opposite parties had paid interest @ 18% per annum for the amount deposited till 25.09.2006. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though they had requested to return the amount, since there was no positive steps to return the amount, they filed this complaint seeking relief.
2. Notices issued to the opposite parties, they were 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 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:- Complainants have filed proof affidavit in the support of their case and produced documents in evidence – Ext.A1 to A5 were marked. Exts. A1 to A5 are the pass books issued by the opposite parties to the complainants at the time of depositing the amount It shows the deposited amount, interest paid etc.
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 complainants had deposited the amount in the Sakha Yogam administered by the opposite parties 1 and 2. The pass books show 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 complainants 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 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 complainants. The complainants are 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 denial of repayment to the complainant, they are 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 complainants against the opposite parties are highly genuine. So the complaint is to be allowed. All the issues are found in favour of the complainants.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs. 5,66,000/- (Rupees five lakhs and sixty six thousand only) to the complainants along with 18% interest per annum from 25.09.2006 to 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 complainants for their 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 complainants, 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 complainants within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of March, 2011.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 to A5 - Pass Books
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
