.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.313/10
between
Complainant:- Opposite Parties:-
Sri. Chellappan 1. SNDP Sakha Yogam No.363 Santhalayam, Thirumala Ward Kakkazhom, Neerkkunnam
Mullackal, Alappuzha Ambalappuzha Taluk
New Address:- Vandanam P.O. Vishnu Bhavanam Represented by its Secretary
Avalookkunnu Ward 2. P.G. Babu, President
P.O. Thathampally, Alappuzha SNDP Sakha Yogam No.363
Kakkazhom, Neerkkunnam
Vandanam P.O.
Resi. Address:- Thayankari
Veedu, Ambalappuzha
Alappuzha Dt.
3. Sri. Bhaskaran, Secretary
SNDP Sakha Yogam No.363
Kakkazhom, Neerkkunnam
Vandanam P.O.
Resi. Address:- Anaveli Veedu
Neerkkunnam, Vandanam P.O.
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. Chellappan 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, 2nd and 3rd opposite parties are its President and Secretary. 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.15,000/- on 28.07.2005 before the Sakha Yogam for the interest of 18% and opposite parties had released a sum of Rs. 5000/- on 28.10.2005. Further he had deposited a sum of Rs.1,21,000/- and opposite parties had issued pass books to him. They had paid interest also till 19.9.2006, 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 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 and A2 marked. Ext. A1 is the original pass book issued by the opposite parties to the complainant at the time of depositing the first amount of Rs.15,000/-. It shows the deposited amount, interest paid etc. Ext.A2 also the original pass book issued to the complainant at the time of the deposit of the 2nd amount of Rs.1,21,000/-.
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 to 3. The pass book shows that – for the deposit amount, opposite parties had paid some interest to the complainant for a certain period. From the deposited amount of Rs.15,000/-, the opposite parties released a sum of Rs.5,000/- on 28.10.2005. Further the complainant had deposited a sum of Rs.1,21,000/- before the opposite parties. From the said amount of Rs.1,21,000/- the opposite parties had released a sum of Rs.50,000/- to the complainant on 19.01.2007. So the complainant have to get a balance amount from the two deposits. (Rs.10,000/- and Rs.71,000/- - the total amount comes to Rs.81,000/-). 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 amounts with interest. 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 complainant. 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 denial of repayment to the complainant in time, 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, 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 balance deposited amount of Rs.81,000/- (Rupees eighty one thousand only) to the complainant along with 12% interest per annum from 19.01.2007, 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 and culpable negligence on the part of the opposite parties by way of purposeful refusal to return back the balance 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.
Complaint allowed.
Pronounced in open Forum on this the 30th day of April, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext. A1 & A2 - Original Pass Books (2 Nos.)
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
