IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 29th day of July, 2011
Filed on 18/03/2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 93/2011
between
Complainant:- Opposite parties:-
Sri.N. Sasidharan 1. Sree Munnodi Devaswom
M.M. Nivas Manava Seva Trust Reg. No. Edagramam, Pappanamcode P.O. A-491/01, Kanjiramchira,
Thiruvananthapuram – 695 018 Alappuzha, Pin – 688 007
Now residing at Vadakkepurayil Represented by its President
Vattayal Ward, Alappuzha – 688 002 Sri.T.G.Shaji, Thaiparambil
(By Adv. K. Krishnan) Veedu, Canal Ward, Alappuzha
2. Sri.K.S. Girish @ Ksheerapani
Kodiveettil, Kanjiramchira
Alappuzha, Secretary of Sree Munnodi Devaswom Manava Seva Trust Reg. No.A-491/01
Kanjiramchira, Alappuzha Pin – 688 007
SRI. K. ANIRUDHAN (MEMBR)
Sri. N. Sasidharan has filed this complaint before the Forum on 18.03.11. The brief facts of the allegations of the complainant are as follows:- The first opposite party is a Registered Society vide Registration No.A-491/01 represented by its President and 2nd opposite party 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 society he had deposited a sum of Rs. 1,00,000/- on 23.03.2006 vide A/c No.256 and the opposite parties have agreed to pay interest at the rate of 30% per annum on his account. At the time of the deposit of said amount the opposite parties issued Pass Book to him 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 time. The opposite parties had paid interest up to 23.2.2007. The opposite parties had utilized the deposited amounts for commercial purposes and now the opposite parties are taking hasty steps for alienating the assets, in order to defeat the recovery steps. Since the opposite parties have 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 exparte by this Forum on 10.6.2011.
3. Considering the allegations of the complainant, this Forum has raised the following issues.
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get back the deposited amounts with
interest?
3) Cost and compensations?
4. Issues 1 and 3:- The complainant has filed proof affidavit in support of his case and produced documents– Ext.A1 and A2 – marked. Ext. A1 is the original Pass Book issued to the complainant at the time of deposit A/c No.256. The original pass book shows the details of deposit of 1,00,000/- on 23.03.2006 and the part payment of interest to the complainant up to 23.2.2007. Ext.A2 is the Advocate notice dt. 14.2.11 sent by the complainant to 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. 1,00,000/- with them. To a certain period, the opposite parties had paid interest to the complainant. Since the complainant had in urgent need of money he 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 purposeful 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 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, 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 deposited amount of Rs. 1,00,000/- (Rupees one lakh only) to the complainant along with 18% interest from 24.02.2007 up to the date of repayment of the entire amount, together with the compensation of Rs. 10,000/- (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 and cheating on the part of the opposite parties by way of purposeful denial of the release of the deposited amount together with interest to the complainant in time and pay a sum of Rs. 2,000/- (Rupees Two thousand only) as cost of this proceedings. We further direct the opposite parties to pay the said amounts within the 30 days from the date of receipt of this order. We ordered that the complainant is free to proceed against the assets of the opposite parties, in case any default to pay the amount as ordered. We further ordered that the interim order of attachment of the schedule assets of the opposite parties vide order dt. 25.03.2011 IA No.61/2011 is stands absolute.
Pronounced in open Forum on this the 29th day of July, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Pass book
Ext. A2 - Advocate notice dt. 14.02.2011
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by :-pr/-
Compared by:-
