.IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 28th day of January, 2010
Filed on 06.10.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.325/09
between
Complainant:- Opposite Parties:-
Smt. Subhashini 1. SNDP Sakha Yogam No.363
Puthuval, Kakkazhom Rep. its Secretary,
Ambalappuzha Kakkazhom, Neerkkunnam
Alappuzha Ambalappuzha, Alappuzha
(By Adv. K.V. Subha Kumar)
2. P.C. Babu, President
SNDP Sakha Yogam No.363
-do- -do-
3. Sri. Bhaskaran, Secretary
SNDP Sakha Yogam No.363
-do- -do-
O R D E R
SMT. N. SHAJIHA BEEVI (MEMBER)
Smt.Subhashini has filed this complaint before the Forum on 06.10.2009 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 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 opposite parties have assured the depositors that they 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 operation of the Sakha Yogam is being carried out by the Secretary. The specific assurance of the opposite parties, the complainant had deposited a total sum of Rs.76,900/- (Rupees seventy six thousand and nine hundred only) before the Sakha Yogam on different dates, and opposite parties issued pass book. They had paid interest till 24.9.2009, 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, she 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 her case and produced documents in evidence – Ext.A1 to A4 marked. Ext. A1 is the original Pass book issued by the opposite parties to the complainant at the time of depositing the amount. It shows the deposited amount, interest paid etc. Ext.A2 is the Advocate notices return with endorsement, Ext.A3 is the Postal receipts and Ext.A4 is the copy of the Advocate notice.
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 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 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 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, she 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 deposited amount of Rs. 76,900/- (Rupees seventy six thousand and nine hundred rty only) to the complainant along with 18% interest per annum from 18.8.2006, 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 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. 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.
Pronounced in open Forum on this the 28th day of January, 2010.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Pass Book
Ext.A2 - Advocate notices return with endorsement
Ext.A3 - Postal receipts
Ext.A4 - Copy of the Advocate notice
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
