Kerala

Alappuzha

CC/430/2011

C.K.Janardhanan - Complainant(s)

Versus

Sree Munnodi Devaswom Manavaseva Trust - Opp.Party(s)

31 Mar 2012

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
 
Complaint Case No. CC/430/2011
 
1. C.K.Janardhanan
Chiraikupurathu Veedu,Kalavoor.P.O,Alappuzha
2. Shanmughan
Kuttickal,Kalavoor,Kattoor,Alappuzha
...........Complainant(s)
Versus
1. Sree Munnodi Devaswom Manavaseva Trust
Kanjiramchira,Alappuzha,Rep.by its President,T.G.Shaji
2. T.G.Shaji
President,Sree Munnodi Devaswom Manavaseva Trust,Kanjiramchira,Alappuzha
3. P.B.Gireesh
Secretary,Sree Munnodi Devaswom Manavaseva Trust,Kanjiramchira,Alappuzha
4. P.C.Jyothi
Treasurer,Sree Munnodi Devaswom Manavaseva Trust,Kanjiramchira,Alappuzha
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. JIMMY KORAH PRESIDENT
 HON'ABLE MR. K.Anirudhan Member
 
PRESENT:
 
ORDER

 

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st    day of  March, 2012
Filed on 31.12.2011
Present
  1. Sri. Jimmy Korah (President)
  2. Sri. K. Anirudhan (Member)
  3. Smt. Shajitha Beevi (Member)
in
C.C.No.430/2011
between
Complainants:-                                                                 Opposite Parties:-
 
1.  Sri.C.K.Janardhanan                                  1.         Sree Munnodi Devaswom Chiraikupurath Veedu                                                                                        Manavaseva Trust,   Kanjiramchira 
   Kalvoor P.O., Alappuzha                                       Alappuzha, Represented by its
                                                                                 President, T.G. Shaji                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
 2. Shammughan, Kuttickal
   Kalavoor, Kattoor, Alappuzha                    2.         Sri. T.G. Shaji, President 
(By Adv. S.Sulfikar)                                               Sree Munnodi Devaswom   Manavaseva Trust  
Kanjiramchira, Alappuzha
 
3.         Sri.P.B.Gireesh, Secretary
Sree Munnodi Manavaseva Trust
Kanjiramchira, Alappuzha
 
                                                                        4.         Sri. P.C. Jyothi, Treasurer
Sree Munnodi Devaswom Manavaseva Trust, Kanjiramchira, Alappuzha
 
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
 
   The complainants have filed this complaint before the Forum on 31.12.2011.  The brief facts of the allegations of the complainants are as follows:-  The first opposite party is a registered Trust and 2nd , 3rd and 4th opposite parties are the President, Secretary and Treasurer respectively.   As per the assurance given by the opposite parties, the first complainant had deposited a sum of Rs.1,00,000/- on different dates and the 2nd complainant had deposited a sum of Rs.1,00,000/- on 20.11.2005.  At the time of the deposit of said amounts the opposite parties issued Pass Books to the complainants and the opposite parties had given interest on the deposited amounts to the complainants  till April, 2007 and thereafter no payment was given by the opposite parties towards interest as agreed.   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.    Since the opposite parties had 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 exparte by this Forum on 15.03.2012.
            3. Considering the allegations of the complainants, this Forum has raised the following issues:-
1)      Whether the complainants are entitled to get back the deposited amounts with 
       interest?
            2)  Cost and compensations?
            4. Issues 1 and 2:- The first complainant  has filed proof affidavit for and on behalf of the 2nd complainant also, in support of their case and produced documents – Exts.A1 to A3 – marked.  Ext. A1 to A3 are the original Pass Books  at the time of deposit.  The original pass books show the details of deposit amounts  and interest paid to the complainants  etc..
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 total sum of Rs.2,00,000/- and they had paid interest till April, 2007 to the complainant.   Since the complainants had in urgent need of money they had requested the opposite parties to return the deposited amounts 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 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 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 amount 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 total deposited amount of  Rs.2,00,000/- 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 complainants 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 complainants.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amounts  of Rs.1,00,000/- (Rupees one lakh only) each to the complainants along with 14% interest from April, 2007 till  the date of repayment of the entire amount, together with the compensation of Rs.10,000/-  (Rupees ten thousand only) each for their mental agony, sufferings, loss, inconvenience and physical strain of the complainants 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.1,000/-  (Rupees one thousand only) each as cost of this proceedings. We further direct the opposite parties to pay the said amounts tot the complainants within 30 days from the date of receipt of this order.
            Pronounced in open Forum on this the 31st  day of  March,  2012.
                                                                                    Sd/- Smt. N. Shajitha Beevi:
                                                                                                                          
  Sd/- Sri. Jimmy Korah:
                                                                                                     
  Sd/- Sri. K. Anirudhan:
 
 
Appendix:-
Evidence of the complainant:- 
 
Exts. A1  to A3            -           Original pass books (3 Nos.)   
  
Evidence of the opposite parties:- Nil
 
// True Copy //
                                                                                                                        By Order
 
 
                                                                                                           Senior Superintendent
To
         Complainant/Opposite parties/S.F.
 
Typed by:- pr/-
Compared by:-
 
 
 
 
 
 
[HON'ABLE MR. JIMMY KORAH]
PRESIDENT
 
[HON'ABLE MR. K.Anirudhan]
Member

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