IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday, the 30th day of June, 2011
Filed on 31/12/2010
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 380/2010
between
Complainants:- Opposite parties:-
1. Smt. Thankamma Johny 1. Sree Munnodi Devaswom
Charankattu, Kalavoor P.O. Manava Seva Trust Reg. No.
Alappuzha A-491/2001, Kanjiramchira, Alappuzha, Represented by its 2. Smt.Suseela K.N. President Sri. T.G. Shaji
Souparnika, Kalavoor P.O.
Alappuzha 2. Sri. T.G. Shaji, President
Sree Munnodi Devaswom
3. Smt.Sugandhamani. S. Manava Seva Trust Reg. No.
Saubhagya, Kalavoor P.O. A-491/2001, Kanjiramchira,
Alappuzha Alappuzha
4. Sri.C.A. Johny, Charankattu 3. Sri.P.B.Gireesh, Secretary
Korthassery, Kalavoor P.O. -do- -do-
Alappuzha
(By Adv. K.S.Hariharaputhran – for the 4. Sri.P.C.Jyothi, Treasurer
Complainants) -do- -do-
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBR)
The complainants Smt.Thankamma Johny, Suseela K.N., Sugandhamani.S. and Sri.C.A.Johny have filed this complaint before the Forum on 31.12.2010. The brief facts of the allegations of the complainants are as follows:- The first opposite party is a Registered Trust and has engaged in the business of receiving deposits from the local people. As per the assurance given by the opposite parties the first and 4th complainants had deposited an amount of Rs.1,00,000/- each on 20.3.2006 and 2nd and 3rd complainants had deposited an amount of Rs.1,00,000/- each on 2.10.2006 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 Books to the complainants after endorsing the receipt of the said deposit. They 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 complainants. 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 have denied the repayment of the deposited amount together with interest, they have 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 16.05.2011.
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 compensation?
4. Issues 1 and 2:- The 4th complainant has filed proof affidavit in support of her case and on behalf of the others and produced documents– Exts.A1 to A4 – marked. Exts. A1 to A4 are the original pass books issued to the complainants at the time of deposit.
5. On a perusal of the complaint, proof affidavit and documents produced by complainants, it can be seen that on the basis of the assurance given by the opposite parties, the complainants had deposited a sum of Rs. 4,00,000/-. To a certain period, the opposite parties had paid interest to the complainants till April 2007. Since the complainants had in urgent needs 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 complainants 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 complainants 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 amounts to the complainants. 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 complainants are fully entitled to get compensation and cost, along with the return of the deposited amount of Rs. 4,00,000/- 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 complainants 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 complainants.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs. 4,00,000/- (Rupees four lakhs only) to the complainants along with 24% interest from April 2007 up to the date of repayment of the entire amount, together with the compensation of Rs.10,000/- (Rupees thousand only) each 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 complainants in time and pay a sum of Rs.1000/- (Rupees one thousand only) each 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 30 day of June, 2011. Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext.A1 to A4 - Original pass books
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
