IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 28th 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. 165/2009
between
Complainant:- Opposite parties:-
Sri.Sebastian Sebastian 1. Sree Munnodi Devaswom
Nediyampackal House Manava Seva Trust, Reg. No.
Pulinkunnu P.O., Pulinkunnu A-491/2001, Kanjiramchira
Kuttanadu Taluk, Alappuzha Dt. Alappuzha – 688 007
(By Adv. K.B.Viswanadha Pillai) Represented by its President
Sri.T.G.Shaji, Thaiparambil
Canal Ward, Alappuzha
2. Sri. T.G. Shaji, Thaiparampil
Veedu, Canal Ward, Alappuzha
President, Munnodi Devaswom Manava Seva Trust, Reg. No.A-491/2001, Kanjiramchira
Alappuzha – 688 007
3. Sri. K.S. Girish @ Ksheera Pani
From Pandyalackal, Canal Ward Alappuzha and residing at
Kodiveettil, Kanjiramchira
Alappuzha, Secretary, Sree
Munnodi Devaswom Manava
Seva Trust No.A-491/2001
Kanjiramchira, Alappuzha
O R D E R
SRI. K.ANIRUDHAN (MEMBR)
Sri. Sebastian Sebastian 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 Registered Trust vide Registration No. A. 491/01 represented by its President 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. 1,00,000/- on 08.01.2007 and the opposite parties have agreed to credit, the monthly interest at the rate of 24% per annum in his account. At the time of the deposit of said amount the opposite parties issued Pass Book and deposit receipt after endorsing the receipt of the said deposit. He had requested the opposite parties to return the deposited amount together with interest. Opposite parties had paid interest up to 9.3.2007 only. But the opposite parties have not returned the deposit amount and interest in time. Since the opposite parties have 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. Notices were returned back with endorsement “unclaimed”. Considering the absence of the opposite parties, they were declared as ex-parte by this Forum on 4.7.2009.
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 support of his case and produced documents– Ext.A1 to A4 – marked. Ext. A1 is the original fixed deposit receipt dt. 8.1.2007 issued by the opposite parties at the time of deposit (No.B-1614). The original of this document shows the details of deposit of 1,00,000/- on 08.07.2007 and the part payment of interest to the complainant. Ext.A2 is the original pass book – A/c No.1614 regarding the said deposit of Rs.1,00,000/- and the matured date of the said deposit was 8.1.2008. Ext.A3 is the advocate notice dt. 19.3.2009 issued by the complainant to the opposite parties requesting to return the amount. Ext.A4 is the Power of attorney of the complainant authorizing Sri.M.D.Devasia, the father of the complainant to represent the case before the Forum.
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 said Trust. 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 with interest in time. But the opposite parties evaded from that assurance and cheated the complainant by way of denial of repayment of the said amount. It shows the grossest deficiency in service, culpable negligence and unfair trade practice 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, culpable negligence, unfair trade practice and cheating 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 and its interest. The entire action on the part of the opposite parties is highly illegal and arbitrary. After verifying the entire facts of this case, we have fully convinced that the allegations put forward by the complainant against the opposite parties are 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 deposited amount of Rs. 1,00,000/- (Rupees one lakh only) to the complainant along with 24% interest from the date of deposit 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, culpable negligence, unfair trade practice and cheating on the part of the opposite parties by way of purposeful denial of the release of the balance 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 ordered that the complainant is free to proceed against the assets of the opposite parties for the realization of the amounts in case any default to pay the above said amounts by the opposite parties. 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/- 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 passbook
Ext.A3 - Advocate notice dt. 19.3.09
Ext.A4 - Power of attorney
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
