IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday, the 25th day of February, 2010
Filed on 29.11.2008
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No. 295/2008
between
Complainant:- Opposite parties:-
Sri. C.K. Babujan 1. Sree Khanda Karna Kshethra
Janisait Purayidom Yogam, Kanjiramchira
Kampivalappu Alappuzha, Rep. by its President
Alappuzha
(By Adv. Kalavoor Vijayakumar) 2. Sri.Rajeevan, President
Sree Khanda Karna Kshethra
Yogam, Kanjiramchira
Alappuzha, Residing at Pulickal
Arattuvazhy P.O., Alappuzha
3. Sri. S.N.Thyaarajan, Secretary
Sree Khanda Karna Kshethra
Yogam, Kanjiramchira
Alappuzha, Residing at Veliyil
Arattuvazhy P.O., Alappuzha
4. Sri.P.E.Viswan, Chairman
Sreepadam Funds, Kanjiramchira
Alappuzha -do- -do-
5. Sri. Pavithran, Secretary -do- -do-
Residing at Moideenparambu
Kalappura Ward, Arattuvazhy P.O.
Alappuzha
ORDER
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. C.K. Babujan has filed this complaint before the Forum on 29.11.2008 alleging deficiency in service on the part of the opposite party. The brief facts of the allegation of the complainant are as follows:- He was a customer of the opposite party’s from “M/s Sreepadam Funds” from the year 2002 onwards. On the basis of the assurance given by the opposite party, he had deposited a sum of Rs. 1,50,543/- in the year March, 2002 onwards on different dates before the opposite parties. The opposite parties given interest for the said amount regularly up to 30.10.2002. But the opposite parties have repaid the said amount not so far. Complainant further submitted that, he received an amount of Rs.6,600/- from the action council on 14.9.2007 in out of total amount already deposit. When contacted the opposite parties it was seen that they have left the place after locking the institution. In spite of several repeated request the opposite parties have not repay the principal amount or interest so far. Hence this complaint seeking relief.
2. Notices were issued to the opposite parties. But they were not turned up before the Forum, hence they were set exparte.
3. Considering the contentions of the complainant, this forum has raised the following issues:-
1) Whether the complainant is entitled to get the repayment of the amounts alleged?
2) Whether the complainant is entitled to get the compensation and cost?
4. Issues 1 and 2:- On the part of the Complainant he has filed proof affidavit along with the document in evidence.- Ext. A1 – original fixed deposit receipt and certificate issued by the opposite parties in favour of the complainant. It shows that details of the transaction including the payment of interest and the outstanding balance of Rs.1,50,543/-.
5. On a careful readings of entire matter of the case it can be seen that the complainant has deposited the amount on the assurance given by the opposite party regarding the payment of principal amount and interest. For a cretin period the opposite parties paid interest to the complainant and later defaulted the payment of interest. The complainant requested the opposite party to return the principal amount with the interest. But the opposite party willfully default the payment. The entire action of the opposite parties will come within the purview of deficiency of service and culpable negligence. The opposite party acted illegally and without any authority and there is no justification on the part of the opposite parties to retain the amounts deposited by the complainant. The complainant is fully entitled to get the deposited amount together with its interest from the opposite parties. The entire action on the part of the opposite parties will come within the purview of dereliction of duty, and it will amounts to cheating. The contentions raised by the opposite parties cannot be accepted sine it lacks any merit, and it has no locus standi. In this context, we are of the view that, since there is deficiency in service and culpable negligence by way of denial of repayment of amount to the complainant the opposite party is bound to pay compensation and costs to the complainant. All the issues are found in favour of the complainant.
Hence, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs. 1,43,943/- (Rupees One lakh forty three thousand nine hundred and forty three only) to the complainant, together with interest at the rate of 12% from 3.12.2002 till 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, pain, sufferings, physical strain and inconvenience due to the deficiency in service and culpable negligence on the part of the opposite parties by way of denial of the return of deposited amounts and its interest in time and pay a cost of Rs.2,000/- (Rupees Two thousand only) as costs for this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant, within 30 days from the date of receipt of this order.
Pronounced in open Forum, on this the 25th day of February, 2010.
Sd/- Smt. N. Shajitha Beevi :
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original fixed deposit receipt and certificate
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
