IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday, the 29th day of October, 2009
Filed on 27/07/2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 254/2009
between
Complainant:- Opposite parties:-
Sri.S. Sreenivasan 1. Sree Munnodi Devaswom
Kongappallil Veedu Manava Seva Trust
Arattuvazhi Ward, Alappuzha Kanjiramchira, Alappuzha
Represented by its Secretary
2. The Secretary, Sree Munnodi
Devaswom Manava Seva Trust
Kanjiramchira, Alappuzha
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBR)
Sri. S. Sreenivasan has filed this complaint before the Forum on 27.07.2009. The brief facts of the allegations of the complainant are as follows:- The first opposite party is a Registered Trust 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.50,000/- on 19.04.2006 under deposit number 381 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 to his after endorsing the receipt of the said deposit. 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 in 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 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. 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 30.09.2009.
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 documents– Ext.A1 and A2 – marked. Ext. A1 is the original Fixed Deposit Receipt A/c. No.381 issued to the complainant at the time of deposit. Ext.A2 is the original pass book shows the details of deposit of 50,000/- on 19.04.2006 and the part payment of Rs. 2,000/- to the complainant and payment of interest. It further shows that the sum of Rs. 48,000/- is the outstanding balance 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. 50,000/-. To a certain period, the opposite parties had paid interest to the complainant and returned a sum of Rs. 2,000/- on 20.04.2007 from the total amount. 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. 48,000/- 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 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. 48,000/- (Rupees forty eight thousand only) to the complainant along with 24% interest from 20.11.2007 up to the date of repayment of the entire amount, together with the compensation of Rs. 5,000/- (Rupees five 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 balance deposited amount together with interest to the complainant in time and pay a sum of Rs.1000/- (Rupees one thousand only as costs 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 October, 2009.
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 - Pass Book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by :-pr/-
Compared by:-
