IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of January , 2012
Filed on 08-11-2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.358/2011
Between
Complainant :- | Opposite party:- |
Sri. T.P. Prathap, Thymattom House, Muhamma P.O, Alappuzha. | - Sree Munnodi Devaswom Mananvaseva Trust, and Others.
- President, T.G. Shaji, S/o Gangadharan , Sree Munnodi Devaswom Mananvaseva Trust, Thyparambil, Canal Ward, Alappuzha.
- Secretary, K.S.Gireesh, S/o Sheerapani, Sree Munnodi Devaswom Mananvaseva Trust, Kodiveetil, Kanjiramchira , Alappuzha.
|
O R D E R
SMT. N.SHAJITHA BEEVI (MEMBER)
Sri. T.P.Prathap has filed this complaint before the Forum on 08.11.2011. 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 has engaged in the business of receiving deposits from the local people. As per the assurance given by the President and Secretary of the said trust (opposite parties) he had deposited a total sum of Rs.100000/- on 27.09.2006. At the time of the deposit of said amount the opposite parties issued Pass Book to him and the opposite parties had given interest agreed on the deposits to the complainant up to 30/03/2007 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 him. The opposite parties had utilized the deposited amounts for commercial purposes, and now the opposite parties are taking hasty steps for alienating the assets, so as to defeat the recovery steps. 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 ex parte by this Forum on 30.12.2011
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 A2 – marked. Ext. A1 is the original fixed deposit receipt, and A2 is the original Pass Book issued to the complainant at the time of deposit. The original pass book show the details of deposit of 100000/- on different dates.
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. 100000/- and opposite parties had paid interest till March 2007 to the complainant. Since the complainant had in urgent need of money he 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 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 deposited amount of Rs. 100000/- 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. 100000/- (Rupees One lakh only) to the complainant along with 24% interest from March 2007 till the date of repayment of the entire amount, together with the compensation of Rs. 10000/- (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. 1,000/- (Rupees one 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 31st day of January , 2012.
Sd/-Smt. N. Shajitha Beevi
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Appendix:-
Evidence of the complainant:-
Ext. A1 - Fixed deposit Receipt
Ext. A2 - Original Pass book
Evidence of the opposite party : - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- sh/-
Compared by-
