IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday, the 25th day of February, 2010
Filed on 04.02.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member) in
CC/No.42/2009
between
Complainant:- Opposite parties:-
Sri. Sreekumar 1. SNDP Sakha Yogam Branch
Munduparambil No. 4073, Kalathil Palam
Pazhaveedu P.O. Karumady – Represented by its
Alappuzha Secretary, G.Venu, Residing at
Pattaniparambil House
Kalathilpalam, Karumady P.O.,
Alappuzha
AND
its President, Sri.K.Thankappan
Nedumtharayil Thekkethil
Kalathilpalam, Karumady P.O.
Alappuzha
2. Sri.G.Venu, Secretary, SNDP Sakha Yogam Branch No.4073, Kalathilpalam
Karumady P.O., Alappuzha –
Residing at Pattaniparambil House
Kalathilpalam, Karumady P.O.,
Alappuzha
3. Sri.K.Thankappan, President, SNDP Sakha Yogam Branch No.4073, Kalathipalam, Karumady –
Residing at Nedumtharayil Thekkethil Kalathil Palam, Karumady P.O., Alappuzha
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainants' case in a nutshell is as follows: - The complainant, yielding to the allurements of the opposite parties, on 2nd February 2006 deposited an amount of Rs.50,000/ -(Rupees fifty thousand only) with the opposite parties. The opposite parties issued a pass book to the complainant to the said effect. The opposite parties had offered to the complainant an interest at the rate of 18% per annum. The complainant was induced by the opposite parties by tempting assurances. Subsequent to the deposit of the amount, the complainant was provided interest only until 6th January 2007. Thereafter, notwithstanding repeated requests and demand, the opposite parties have so far not paid neither the interest nor the deposit amount to the complaints. Got aggrieved on this, the complainant approached this Forum for repayment of required amount, compensation and costs.
2. On notice being served, the opposite parties the opposite parties turned up and filed joint version. The contention of the opposite parties' is that the deposit was effected by the complainant not on any allurement by the opposite parties. That apart, the deposit amount was accepted for the construction of the school building in the premise of the 1st opposite party. The opposite parties never offered to the complainant any amount of interest. The opposite parties already paid back the substantial amount by monthly installments. But the complainant adjusted the amounts so handed back by the opposite parties in the account of interest. The complainant is not entitled to any relief. The complaint is without any bonafides. The same is to be dismissed with cost to the opposite parties. The opposite parties vehemently contend.
3. The evidence of the complainant consists of the testimony of the complainant himself, and the documents Ext. Al was marked. On the side of the opposite parties, save filing version no specific evidence has been adduced .
4. Taking into account the complainant’s contention the issues that arise before us for consideration are:-
(a) Whether the complainant deposited any amount with the opposite parties?
(b) Whether the complainant is entitled to any relief?
5. Bearing lively in mind the complainants' case, we carefully perused the pleadings, proof affidavit and other documents available on record. We meticulously went through Ext. A1. Ext. Al bears out markedly that the complainant has deposited an amount of Rs.50,000/- with the opposite parties. The opposite parties seemingly contend that substantial portion of the amount has been repaid by way of installments. It is crucial to notice that the opposite parties have not specifically stated the exact amount the opposite parties paid. More over except making statements, the opposite parties took no further steps to prove the complainant's case. In this backdrop, we are of the strong view that the complainant case stands well established. In the context of the complainant's consistent case and in the absence of the said case being unassailed, we are least hesitant to hold that the case of the complainants inspires confidence in the mind of this Forum. Needless to say, the complainant is entitled to relief.
6. In the light of the facts and circumstances discussed herein above, the opposite parties are directed to pay an amount of Rs.50,000/- (Rupees fifty thousand only) with 18% interest from the date of institution of the deposit viz. 02.02.2006 to the complainant till the recovery of the same. We hereby observe that the 1st opposite party and its assets alone shall be liable for the said amount.
In the result, the complaint is allowed accordingly. No order as to compensation
or cost.
Pronounced in open Forum on this the 25th day of February, 2010.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Evidence of the complainant:-
Ext.A1 - Receipt dated 2.2.2006 for Rs.50000/-
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by :-pr/-
Compared by:-
