IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of March, 2012
Filed on 28.11.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.387/2011
between
Complainant:- Opposite Parties:-
Smt. Mini Reghunath 1. Sree Munnodi Manavaseva
W/o Reghunath Trust Reg. No. A S-91 2011 Tharath, Thumpoli, Alappuzha Kanjiramchira, Alappuzha
Represented by its President
T.G.Shaji, Thaiparambil Veedu
Canal Ward, Alappuzha
.
2. Sri.K.S.Girish @ Ksheerapani
Kodiveettil, Kanjiramchira
Alappuzha, Secretary, Sree Munnodi Devaswom Manavaseva Trust Reg. No. A S-91/2011, Kanjiramchira, Alappuzha
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
The complainant has filed this complaint before the Forum on 28.11.2011. The brief facts of the allegations of the complainant are as follows:- The first opposite party is President of Sree Munnodi Manavaseva Trust Reg.No. AS-91/2011 and the 2nd opposite party is the Secretary of the Trust have 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, they had deposited a sum of Rs. 1,00,000/- on 25.2.2006. At the time of the deposit of said amount the opposite parties issued Pass Book to her and the opposite parties had given interest on the deposited amount to the complainant till 2.4.2007 and on 4.10.08 she had withdrawn an amount of Rs.10,000/- from the opposite parties. Thereafter she had requested the opposite parties to return the balance deposited amount of Rs.90,000/- together with interest, in order to meet the urgent needs, the opposite parties have not returned the deposit amount with interest to the complainant, she had 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 18.1.2012.
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 amount with interest?
2) Compensation and costs.
4. Issues 1 and 2:- The complainant has filed proof affidavit in support of her case and produced document– Ext.A1 – marked. Ext. A1 is the photo copy of the pass book to the complainant at the time of deposit. The pass book shows the details of deposit amount and interest paid to the complainant.
5. On a perusal of the complaint, proof affidavit and document 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 2.4.2007 to her and on 4.10.2008 an amount of Rs.10,000/- to the complainant as part payment. Since the complainant had in urgent need of money she had requested the opposite parties to return the balance deposited amount of Rs.90,000/- 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 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.90,000/- 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 balance deposited amount of Rs.90,000/- (Rupees ninety thousand only) to the complainant along with 14% interest from 4.10.2008 till the date of repayment of the entire amount, together with the compensation amount of Rs.10,000/- (Rupees ten thousand only) for her 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 March, 2012.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Exts. A1 - Photo copy of the 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:-
