Sri. K.G.Muraleedharan has filed this complaint before the Forum on 22.4.2008, against the opposite parties alleging deficiency in service in repayment of the deposited amounts. The brief facts of the allegations of the complainant are as follows:- The opposite parties had jointly contacted him and persuaded to deposit amounts in the first opposite party Trust administered by them. On the basis of the assurance of the opposite parties. He had deposited an amount of Rs.2,40,000/- on 28.4.2004. Thereafter he further deposited an amount of Rs.1,06,066 /- on different dates. Opposite parties paid interest till 31.5.2006. But after 31.5.2006, he had not obtained any interest from the opposite parties. He had to get the amount of Rs.3,46,066/-. On several occasions, he had requested the opposite parties to return the amounts with interest. But the opposite parties had not taken any steps to release the deposited amount to him. The first opposite party has sufficient assets and that the opposite parties have diverted the funds for their personal gains. Hence this complaint seeking an order to get back the deposited amount with other reliefs. 2. Notices were issued to the parties. Opposite parties 2 and 5, entered appearance and filed their objection. Considering the absence of opposite parties 1, 3 and 4, they were set exparte by this Forum. 3. In the version filed by the opposite parties 2 and 5, they have stated that the adhoc committee is discharging and administering the whole affairs of the Samithi with effect from 27.5.2007. So, without impleading the whole committee members, the complaint is not maintainable. It is stated that the 2nd opposite party had no role, exempt a participation in the meeting of the said Trust and that the entire day to day affairs of the Trust had been done by the 3rd opposite party alone. It is stated that the 5th opposite party was only a clerk of the said Trust and she was neither an office bearer nor a representative of the Trust. More over, the 2nd opposite party being only a former President, is also an unnecessary party. It is stated that a huge amount under various heads is due from the 3rd opposite party towards the funds of the Trust and he had acknowledged the same and agreed to pay off the said amount and due to the irresponsibility of the 3rd opposite party, so many loss was caused to the Trust and steps are being taken. It is further stated that they unaware of the alleged interest received by the complainant and they are not liable to pay any amount to the complainant, and denied the deposit amount of Rs.3,46,066/- in the Trust at their instances. 4. Considering the contentions of the parties; this Forum has raised the issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Compensation and costs. 5. Issues 1 and 2:- On the side of the complainant, he has filed proof affidavit and produced documents in evidence. Exts.A1 to A6 marked and he has been examined as PW1 and cross examined by the opposite parties 2 and 5. Ext.A1 is the copy of Pass book issued in favour of the complainant. It shows that Rs.3,46,066/- was deposited on 31.5.2006. The pass book further shows that an amount of Rs.3,46,066/- is the outstanding amount. Ext.A2 is the original receipts on different dates issued to the complainant showing the total amount of Rs.3,46,066/-. The receipt was signed by the Secretary of the said Trust. 7. On the side of the opposite parties 2 to 5, they have filed proof affidavit and 2nd opposite party examined as RW1 and documents marked as Exts.B1 and B2. On a detailed verification of the entire matter of this case, and the perusal of the documents given, in evidence, it can be seen that on the basis of the assurance of the opposite parties, the complainant deposited a total sum of Rs.3,46,066/- before the trust administered by the opposite parties. The opposite parties after accepting the said deposits, issued original receipts for the said amount after signed by the Secretary of the Trust together with the Pass book showing the said deposit. In spite of the repeated requests of the complainant, the opposite parties had not any earnest steps to release the amount outstanding in the name of the complainant. He is fully entitled to get back the amounts from the opposite parties. The opposite parties cannot escape from the liability by stating that they are not liable, since the entire assets of the said Trust is administered by the opposite parties now. The contentions raised by the opposite parties against the repayment of amounts to the complainant cannot be accepted, since the entire assets of the said Trust is administered by the opposite parties. The contentions raised by the opposite parties against the repayment of amount to the complainant cannot be accepted, since it has no bona fides and have no substance. The denial of repayment of the said deposit to the complainant with interest by the opposite parties will amounts to grossest deficiency in service, culpable negligence and cheating. The action of the opposite parties are wholly illegal, arbitrary and unauthorized. There is no justification on the part of the opposite parties in retaining the deposited amounts of the complainant with them indefinitely. The opposite parties are jointly and severally liable for this repayment to the complainant and they are equally answerable to the complainant. The contentions raised by the opposite parties have no locus standi and it cannot be accepted as valid ground for denial of the said amounts. Since there is grossest deficiency in service, culpable negligence and cheating on the part of the opposite parties by way of denial of repayment of the deposited amounts with interest to the complainant in time, the complainant is entitled to get compensation and costs from the opposite parties. Hence we are of the strong view that the complaint is to be allowed. All the issues are in favour of the complainant. In the result, we hereby direct the opposite parties to repay the deposit amount of Rs.3,46,066/- to the complainant with the interest at the rate of 12% from 31.05.2006 up to the date of repayment of the entire amount, and pay a compensation of Rs.10,000/ (Rupees ten thousand only) to the complainant for his mental agony, sufferings, loss, physical strain and inconvenience; due to the grossest deficiency in service, culpable negligence and cheating by way of denial of repayment of the deposit amount in time by the opposite parties to the complainant, and pay a sum of Rs.2,000/- (Rupees two thousand only) as costs of this proceedings. We further direct the opposite parties to pay the said amounts within 30 days from the date of receipt of this order. Pronounced in open Forum on this the 24th day of March, 2009. Sd/- Smt. N. Shajitha Beevi Sd/- Sri. Jimmy Korah: Sd/- Sri. K. Anirudhan : Appendix:- Evidence of the complainant:- PW1 : Muraleedharan (Witness) Ext.A1 : Copy of Pass book Ext.A2 : Original Receipts Ext.A3 : Time of wedding dated 2.7.2006 Ext.A4 : Photo copy of the complaint before the Alappuzha Chief Judicial Magistrate’s Court Ext.A5 : Photo copy of the FIR Ext.A6 : Final Report of Kerala Police (Photo copy)
Evidence of the opposite parties:- RW1 : T.A. Damodaran (Witness) Ext.B1 : Notice of Sree Narayana Jayanthi dated 5.9.2008 Ext.B2 : Notice dated 27.5.2008 // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/S.F. Typed by:- pr/- Compared by:- | 
