IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2011
Filed on 24.11.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.316/10
between
Complainant:- Opposite Parties:-
Sri. Bharathan Pillai 1. SNDP Sakha Yogam No.363
Thekkemorackal Rep. its Secretary,
Karalakam Ward Kakkazhom, Neerkkunnam
Thathampally P.O., Alappuzha Alappuzha
(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
SRI. K. ANIRUDHAN (MEMBER)
Sri.V.C.Bharathan Pillai has 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 opposite party is the SNDP Sakha Yogam No.363, Kakkazhom represented by its Secretary. The opposite parties have offered 18% interest per annum for the deposit. 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.3 laks before the Sakha Yogam on different dates and opposite parties issued pass books showing the said deposits. The opposite parties are failed to pay interest or deposited amount till date, even though he had requested to return the amount. The said deposit was for 5 years. 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 on 18.01.2011.
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:- Complainant has filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 to A6 marked. Ext. A1 to A6 are the original Pass books issued by the opposite parties to the complainant at the time of depositing the amounts. It shows the deposited amounts on different dates and interest paid to the complainant by the opposite parties.
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 and 2. The pass book 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 return the same. This will amounts to cheating. The entire actions on the part of the opposite parties by way of purposeful denial of repayment of the amount shows the deficiency in service and negligence, cheating and unfair trade practice in this matter. 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 entire deposited amounts with interest from the opposite parties. Since there is deficiency in service, negligence and cheating on the part of the opposite parties by way of purposeful denial of repayment 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. The action of the opposite parties are highly arbitrary and illegal. 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. 3,00,000/- (Rupees three lakhs only) to the complainant along with 18% interest per annum from the date of deposit of the said amounts, till the date of repayment of the entire amount to the complainant and further 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 cheating on the part 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.500/- (Rupees five hundred 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, 2011.
Sd/- Sri.K. Anidudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 to A6 - Copy of the 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:-
