ORDER SMT. N. SHAJITHA BEEVI (MEMBER) Sri. V.M. Rocky has filed this complaint before the Forum on 22.04.09. The brief facts of the allegations of the complainant are as follows:- The first opposite party is a Registered Trust vide Registration No. A. 491/01 represented by its Secretary and has engaged in the business of receiving deposits from the local people. As per the assurance given by the Secretary and President of the said trust (opposite parties) he had deposited a sum of Rs. 55,000/- (Rupees Fifty five thousand only) on 14.06.08. For a certain period, the opposite parties had paid interest to him. At the time of the deposit of said amount the opposite parties issued Pass Book and Fixed Deposit Receipt to him. He had requested the opposite parties to return the deposited amount together with interest, in order to meet the urgent needs. But the opposite parties have not returned the deposit amount. On enquiry he had learned that the opposite parties have cheated the depositors by way of denial of the return of the deposited amount. Since the opposite party has denied the repayment of the deposited amount together with interest, he has filed this complaint seeking relief. 2. Notices were issued to the opposite parties. The 1st & 3rd opposite parties have accepted the notice. The notice of 2nd opposite party returned with endorsement “addressee left”. Considering the absence of the opposite parties they were declared as ex parte by this Forum on 15.06.09. 3. Considering the allegations of the complainant, this Forum has raised the following issues. 1. Whether the complainant is entitled to get back the deposited amounts with interest? 2. Cost and compensations? 4. Issues 1 and 2:- The complainant has filed proof affidavit in the support of his case and produced documents– Ext.A1 to A2 – marked. Ext. A1 is the copy of the Pass Book issued to the complainant at the time of deposit (No. B-1191). The pass book issued shows the details of deposit of 55,000/- on 14.06.08 and it further shows that the payment of interest up to 15.03.07. It further shows that the sum of Rs. 55,000/- is the outstanding amount payable to the complainant by the opposite parties. 5. On a perusal of the complaint, proof affidavit and documents produced by complainant, it can be seen that on the basis of the assurance given by the opposite parties, the complainant had deposited a sum of Rs. 55,000/-. To a certain period, the opposite parties had paid interest to the complainant. Since the complainant had in urgent need of money he had requested the opposite party to return the deposited amount with interest. But the opposite parties have not cared to return the amount. The opposite parties have not shown any interest to return the deposited amount in time. The complainant had deposited the said amounts, on the basis of the assurance given by the opposite parties to return the amount in time. But the opposite parties evaded from the assurance and cheated the complainant. It shows the grossest deficiency in service and culpable negligence on the part of the opposite parties. It is to be noticed that the opposite parties have not appeared before this Forum to explain the reasons for denial of the deposited amount to the complainant. It shows the irresponsible attitude of the opposite parties in this financial matter. Since there is grossest deficiency in service and culpable negligence on the part of the opposite parties, the complainant is fully entitled to get compensation and cost, along with the return of the deposited amount with interest. The action on the part of the opposite parties is highly illegal and arbitrary. We have fully convinced the allegations put forward by the complainant against the opposite parties and it is to be treated as genuine. So the complaint is to be allowed as prayed for. All the issues are found in favour of the complainant. In the result, for the ends of justice, we hereby direct the opposite parties 1and 3 to return the deposited amount of Rs. 55,000/- (Rupees Fifty five thousand only) to the complainant along with 24% interest from 15.03.07 till the date of repayment of the entire amount, together with the compensation of Rs. 10,000/- (Rupees Ten thousand only) for the mental agony, sufferings, loss, inconvenience and physical strain of the complainant due to the dereliction of duty, grossest deficiency in service and culpable negligence on the part of the opposite parties by way of denial of the deposited amount together with interest to the complainant in time, and 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 said amounts within the 30 days from the date of receipt of this order. Pronounced in open Forum on this the 28th day of August 2009. Sd/- Smt. N. Shajitha Beevi Sd/- Sri. Jimmy Korah Sd/- Sri. K. Anirudhan Appendix:- Evidence of the complainant:- Ext. A1 - Copy of the Pass book Ext. A2 - Fixed Deposit Receipt Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Parties/S.F. Typed by:- vo/- Compared by:-
| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | | 
