IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 31st day of August, 2009
Filed on 22/04/2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 164/2009
between
Complainant:- Opposite parties:-
Smt.Annamma Devasia 1. Sree Munnodi Devaswom
Nediyampackal House Manava Seva Trust Reg. No.A-
P.O. Pulinkunnu 491/2001 Kanjiramchira, Alappuzha
Kuttanadu Taluk Pin – 688 007 Represented by its Alappuzha District President, T.G. Shaji, Thaiparambil
(By Adv. K.B.Viswanadhan Pillai) Veedu, Canal Ward, Alappuzha
2. Sri.T.G. Shaji, Thaiparambil Veedu
Canal Ward, Alappuzha, President
Sree Munnodi Devaswom Manava
Seva Trust Reg. No.A-491/2001
Kanjiramchira, Alappuzha – 688 007
3. Sri.K.S.Girish @ Ksheera Pani
From Pandyalakkal, Canal Ward
Alappuzha and Residing at Kodiveettil
Kanjiramchira, Alappuzha, Secretary
Sree Munnodi Devaswom Manava
Seva Trust Reg. No.A-491/2001
Kanjiramchira, Alappuzha – 688 007
SRI. K. ANIRUDHAN (MEMBR)
Smt. Annamma Devasia through her Power of Attorney Holder has filed this complaint before the Forum on 22.04.2009. The brief facts of the allegations of the complainant are as follows:- The first opposite party is a society registered XII of 1955 , and 2nd and 3rd opposite parties represented by its Secretary and the President of the said society and have 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) she had deposited a sum of Rs. 1,00,000/- on 31.05.2006 and the opposite parties have agreed to credit, the monthly interest at the rate of 24% per annum in her account. At the time of the deposit of said amount the opposite parties issued Pass Book to her after endorsing the receipt of the said deposit. She had requested the opposite parties to return the deposited amount together with interest. The opposite parties had paid interest up to 9.3.2007. Since there was refusal to return the amounts, she had sent Advocate notice to the opposite parties. But they have not turned up. Since the opposite parties have denied the repayment of the deposited amount together with interest in time, she has filed this complaint seeking relief.
2. Notices were issued to the opposite parties. They have not entered appearance before the Forum. Considering the absence of the opposite parties they were declared as ex-parte by this Forum on 10.07.2009.
3. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get back the deposited amounts with
interest?
3) Cost and compensations?
4. Issues 1 and 3:- The complainant has filed proof affidavit in support of her case and produced documents – Ext.A1 to A4 – marked. Ext. A1 is the original Fixed Deposit Receipt No.3167 issued to the complainant at the time of deposit ( No. B-571). The original said receipt shows the details of deposit of 1,00,000/- on 31.5.2006. Ext.A2 is the original pass book issued by the opposite parties to the complainant. It shows the deposited amount of Rs.1 lakh and payment of interest up to 3.4.2007. Ext.A3 is the Advocate notice to the opposite parties by the complainant. Ext.A4 is the Power of Attorney Deed.
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.1,00,000/- before the concern administered by the opposite parties. To a certain period, the opposite parties had paid interest to the complainant. Since the complainant had in urgent need of money she 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 by way of denial of repayment of the said amount. 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 balance deposited amount of Rs.1 lakh with interest. The action on the part of the opposite parties is highly illegal and arbitrary. After verifying the entire matter of this case, we have fully convinced that the allegations put forward by the complainant against the opposite parties 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 to return the balance deposited amount of Rs.1 lakh (Rupees one lakh only) to the complainant along with 24% interest from 01.04.2007 up to 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, unfair trade practice and culpable negligence on the part of the opposite parties by way of purposeful denial of the release of the deposited amount together with interest to the complainant in time and pay a sum of Rs. 2,000/- (Rupees Two thousand only) as cost of this proceedings. We further ordered that in case any default to pay the said amount by the opposite parties, the complainant is free to proceed against the assets of the opposite parties for the realization of the said amounts. 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 31st day of August, 2009.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Fixed Deposit Receipt
Ext. A2 - Original Pass book
Ext.A3 - Advocate notice
Ext.A4 - Power of Attorney deed
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
