IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of July, 2009
Filed on 04.09.2008
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.199/2008
between
Complainants:- Opposite Parties:-
1. Smt. Sudharma 1. SNDP Yogam, Kollam Krishnasudha Represented by its Secretary,
Near Oil Testing Lab SNDP Yogam, Kollam
Sanathanapuram, Kalarcode (By Adv. C. Vidhu)
Alappuzha
2. SNDP Union Ambalappuzha
Represented by its Secretary
2. Sri. Jayakrishanan SNDP Union Ambalappuzha
S/o Sudharma Near Kidangamparambu Temple
-do- -do- Thondankulangara P.O.
Alappuzha
3. Gowtham Krishna (By Adv. P.V. Satheesh)
S/o Sudharma
-do- -do- 3. SDNDP Branch 363, Kakkazhom (By Adv. R.Hemalatha) Ambalappuzha represented by its
Secretary
4. Sri. Bhaskaran, Secretary, SNDP
Sakha No.363, Kakkazhom
Residing at Anavelil House
Vandanam P.O., Alappuzha
5. Sri. R.Babu, Thayamkeril House
Vandanam P.O., Alappuzha
President, SNDP Sakha No.363
Kakkazhom, Alappuzha
(By Adv. Devi.R.Raj)
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Complainants have filed this complaint before the Forum on 04.09.2008 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 General Secretary, SNDP Yogam, Kollam, 2nd opposite party is the Secretary of the SNDP Union Ambalappuzha, 3rd opposite party is the SNDP Sakha Yogam, represented by its Secretary and 4th and 5th opposite parties are the Secretary and President, SNDP Sakha Yogam No. 363, Kakkazhom. The opposite parties have assured the depositor that they will invest the funds in different ventures and make profits thereof will be distributed among the investors @ 24% per annum payable on monthly basis. The entire operation of the Sakha Yogam is being carried out by the Secretary. The first complainant had deposited a sum of Rs.1,00,000/- before the Sakha Yogam on 9.1.2004, Rs.1,06,750/- in the name of the 2nd complainant on different dates, and she had further deposited an amount of Rs.50,000/- in the name of the third complainant on 7.4.2003, ie. total sum of Rs.2,56,750/-. The opposite parties issued separate pass books and they were paid interest till 26.9.2006. Thereafter the opposite parties failed to pay interest or deposited amount till date, even though they had requested to return the deposit amount. Since there was no positive steps to return the amount, they filed this complaint seeking relief.
2. Notices were issued to the opposite parties, opposite parties 1, 2 and 5 filed version. Opposite parties 3 and 4 had not appeared before this Forum. Considering their absence, they were set exparte by this Forum.
3. In the version of the 1st opposite party, it is stated that 1st opposite party has no interest in the subject matter of this complaint, and 1st opposite party has no financial transaction with the complainant. It is stated that the financial transaction of the said Sakha Yogam goes only through the Secretary as per bye laws of the said Sakha Yogam, and that the Secretary shall have the right to repayment for and on behalf of the said Sakha Yogams. It is further stated that the complainant cannot demand any amount or interest from the 1st opposite party and that the complaint is not entitled to recover any amount or any relief from the 1st opposite party.
4. In the version of the 2nd opposite party, the 2nd opposite party is having only administrative control over the 2nd opposite party. There is no agreement entered between the complainant and 2nd opposite party. Hence 2nd opposite party is not liable for any damages if any caused in the transaction between the complainant and 3rd opposite party. 5th opposite party is also filed version with untenable contentions. 5. Considering the allegations of the 1st opposite party, this Forum has raised the following issues:-
1) Whether there is any deficiency in service and negligence on the part of the
opposite parties in repayment of deposit amount to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties?
6. Issues 1 and 2:- Complainant has filed proof affidavit and she was examined as PW1and produced three documents in evidence – Ext.A1 to A3 – marked. Ext. A1 to A3 are the pass books. The pass books show that the deposited amount, interest paid etc. and an amount of Rs.2,56,750/- (Rupees two lakhs fifty six thousand seven hundred and fifty only) is the balance outstanding amount to be released.
7. 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 3 to 5. 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 complainants are 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 complainants are 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 complainants 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 3 to 5 to return the amount of Rs. 2,56,750/- (Rupees two lakhs fifty six thousand seven hundred and fifty six only) to the complainants 1 to 3 along with 18% interest per annum from September 2006 till the date of repayment of the entire amount, and pay a compensation of Rs. 15,000/- (Rupees two thousand only) to the complainants for their 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 complainants, 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 complainants within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 30th day of July, 2009.
Sd/- Smt. N. Shajitha Beevi
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
PW1 - K.S. Sudharma (Witness)
Ext.A1 to 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:-
