Kerala

Alappuzha

CC/09/400

Mullamma - Complainant(s)

Versus

SNDP Sakha Yogam Branch No.363 & 3 others - Opp.Party(s)

25 Feb 2010

ORDER

 
Complaint Case No. CC/09/400
 
1. Mullamma
Alisseri Veli, Punnapra P.O., Alappuzha
 
BEFORE: 
 HONORABLE JIMMY KORAH PRESIDENT
 HONORABLE K.Anirudhan Member
 HONORABLE Smt;Shajitha Beevi Member
 
PRESENT:
 
ORDER

 

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 30th day of  April, 2010

Filed  on 26.11.2009

 

Present

  1. Sri. Jimmy Korah (President)
  2. Sri. K. Anirudhan (Member)
  3. Smt. Shajitha Beevi (Member)

 

in

C.C.No.400/2009

between

Complainant:-                                                         Opposite Parties:-

 

Smt. Mullamma                                                      1.         SNDP Sakha Yogam No.363
Alisseri Veli, Punnapra P.O.                                                Kakkazhom, Neerkkunnam

Alappuzha                                                                          Represented by its Secretary

(By Adv. M.G.Reshu)                                                        K. Bhaskaran, Anavelil

                                                                                          Neerkkunnam,  Alappuzha

                                                                                                             And

                                                                                          its President,  Sri.P.G. Babu

                                                                                          Thayamkari, Kakkazhom

                                                                                          Alappuzha

 

2.         Sri.K.Bhaskaran, S/o Kesavan

Anavelil House, Neerkkunnam, Alappuzha (Secretary, SNDP

            Sakha Yogam No.363

                                                            Kakkazhom, Neerkkunnam

                                                            Alappuzha Dt.)

 

3.         Sri.P.G. Babu, Thayamkari, Kakkazhom, Alappuzha

(President, SNDP Sakha Yogam No.363, Kakkazhom, Neerkkunnam, Alappuzha Dt.)

 

4.         Sri. C.P. Augustin, Receiver     

SNDP Branch No.363, Kakkazhom, Neerkkunnam,

Alappuzha (Office at Chief Manager, Federal Bank, Regional Office, Alappuzha)     

 

 

 

 

 

 

O R D E R

SMT. N.SHAJITHA BEEVI (MEMBER)

          

Smt. Mullamma has filed this complaint before the Forum on 26.11.2009 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  of the first opposite party – SNDP Sakha Yogam No. 363, Kakkazhom. The 2nd opposite party has assured her that she 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 amount of the Trust is being carried out by the Secretary.  She had deposited a total sum of Rs.3,25,000/- before the Trust on different dates.  The opposite parties had issued Pass book showing the deposit of the same. The opposite parties failed to pay the interest or deposited amount till date, even though she had requested to return the amount,  she 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 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 had filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 marked. Ext. A1 is the deposit receipt, Exts.A2 and A3 are the pass books  issued by the opposite parties to the complainant at the time of depositing the amount   It shows the deposited amount, interest paid and the balance outstanding amount.  The books show that an amount of Rs.3,25,000/-  (Rupees  three lakhs and twenty five thousand only) is the balance outstanding amount to be released.   

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.3,25,000/- (Rupees three lakhs and twenty five thousand only) with 12% interest from 17.08.2006 till the date of payment to the complainant  and pay a compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant for her 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. 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 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                        -                       Deposit receipt

Exts.A2 and A3            -                       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:-

 
 
[HONORABLE JIMMY KORAH]
PRESIDENT
 
[HONORABLE K.Anirudhan]
Member
 
[HONORABLE Smt;Shajitha Beevi]
Member

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