IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of January, 2010
Filed on 04.11.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.364/2009
between
Complainant:- Opposite Parties:-
Sri.T.V. Babu 1. Sree Munnodi Devaswom Manavaseva Trust
Thoppil House No.A- 491/2001, Kanjiramchira, Alappuzha Thumpoly P.O., Alappuzha Pin – 688 007 Represented by its President
(By Adv. K.Krishnan) T.G.Shaji, S/o Gangadharan
Thaiparambil Veedu, Canal Ward
Former President of Sree Munnodi Devaswom
Manavaseva Trust Reg. No.491/2001
Kanjiramchira, Alappuzha – 688 007
2. Sri. V.R.N. Babu, President of
Sree Munnodi Devaswom Manavaseva Trust
No.A - 491/2001, Kanjiramchira, Alappuzha
Pin – 688 007
3. Sri.K.S. Girish @ Ksheerapani, Kodiveettil
Kanjiramchira, Alappuzha, Secretary of Sree Munnodi Devaswom Manavaseva Trust No.
A - 491/2001, Kanjiramchira, Alappuzha
Pin – 688 007
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
The complainant has filed this complaint before the Forum on 04.11.2009. The brief facts of the allegations of the complainant are as follows:- As per the assurance given by the opposite parties, he had deposited a sum of Rs.1,00,000/- on 21.12.2006. At the time of the deposit of said amount the opposite parties issued Pass Book to the complainant and the opposite parties had given interest on the deposited amounts to the complainant till 21.03.2007 and thereafter no payment was given by the opposite parties towards interest as agreed. 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 to the complainant. Since the opposite parties had 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. They have not entered appearance before the Forum. Considering the absence of the opposite parties they were declared as exparte by this Forum on 11.12.2009.
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 her case and produced document – Exts.A1 series and A2 – marked. Ext. A1 series are the original Pass Books at the time of deposit and A2 is the Advocate notice. The original pass book shows that the details of deposit amount of Rs.1,00,000/- and interest paid to the complainant till 21.3.2007.
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/- and they had paid interest till March, 2007 to the complainant. Since the complainant had in urgent need of money they had requested the opposite parties 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 amount, 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 deposited amount of Rs.1,00,000/- with interest. The action on the part of the opposite parties is highly illegal and arbitrary. We have fully convinced that 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 to return the deposited amount of Rs.1,00,000/- (Rupees one lakh only) to the complainant along with 24% interest from 21.03.2007 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 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 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 29th day of January, 2010.
Sd/- N. Shajitha Beevi:
Sd/-Jimmy Korah:
Sd/- K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 series - Original pass books (2 Nos.)
Ext. A2 - Advocate notice
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
