IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of April, 2010
Filed on 26.11.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.401/2009
between
Complainant:- Opposite Parties:-
Sri. Ramesan 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)
Sri. Ramesan 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, Neerkkunnam, 3rd and 4th opposite parties are the President and Receiver of the above SNDP Sakha Yogam. The 2nd opposite party has assured him that he 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. He had deposited a total sum of Rs.8,00,000/- (Rupees eight lakhs only) before the Trust on different dates. The opposite parties had issued Pass book showing the deposit of the same. Thereafter in the month of September, 2007 the opposite parties refund Rs.6,50,000/- to the complainant. The opposite parties then promised to pay the balance amount of Rs.1,50,000/- (Rupees one lakh and fifty thousand only). The opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount, he 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 to A6 were marked. Ext. A1 to A3 receipts and A4 to A6 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.1,50,000/- (Rupees one lakh and fifty 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.1,50,000/- (Rupees one lakh and fifty thousand only) with 12% interest from 11/2007 till the date of payment 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 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 to A3 - Receipts
Exts.A4 and A6 - 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:-
