IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 31st day of January, 2012
Filed on 08.11.2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member) in
CC/No.359/2011
between
Complainant:- Opposite parties:-
Sri. V.R. Udayabhanu 1. Sree Munnodi Devaswom
Udaya Nivas, Pathirappally P.O. Manava Seva Trust
Alappuzha Alappuzha
2. President, Sree Munnodi Devaswom, Manava Seva Trust, T.G.Shaji, S/o Gangadharan, Thaiparambil Veedu, Canal Ward, Alappuzha
3. Secretary, Sree Munnodi
Devaswom Manave Seva Trust
K.S.Gireesh, S/o Ksheera Pani
Kodiveettil, Kanjiramchira
Alappuzha
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainant’s case in a nutshell is as follows: - The complainant on 2nd March 2006 deposited an amount of Rs.50,000/- with the opposite parties on their assurance of reasonable interest and prompt repayment of the deposit on demand. The opposite parties issued a pass book to that effect to the complainant. The opposite parties paid to the complainant interest till 3rd April 2007. Subsequent to the said date, the complainant was never paid any amount of interest or the deposit amount. Notwithstanding the complainant's relentless request and recurring demands, the opposite parties were absolutely reluctant to make any payment. The complainant is entitled to Rs.57000/- so far on the head of interest. In the said fashion, the opposite party is liable to pay to the complainant an amount of Rs.l,07,000/-. The opposite parties inflicted mental agony and harassment to the complainant. Got aggrieved on this, the complainant approached this Forum for compensation and relief.
2. Though notice being served to the opposite parties, the opposite parties did not make it a point to turn up before this Forum nor challenged the complainant case. With the result, the opposite parties were set ex-parte and proceeded with the case as per law.
3. The evidence of the complainant consists of the testimony of the complainant himself, and the documents Exts. Al and A2 were marked. As have been already observed, the opposite parties neither turned up nor contend the complainant’s case.
4. Taking into account the complainant’s contention the issues that arise before us for consideration are:-
(a) Whether the complainant deposited any amount with the opposite parties?
(b) Whether the complainant is entitled to any relief?
5. Bearing lively in mind the complainant's case, we carefully perused the pleadings, proof affidavit and other documents available on record. We meticulously went through Exts. Al and A2. Exts. Al to A2 bears out markedly that the complainant has deposited an amount of Rs.50,000/- with the opposite parties. We are of the strong view that the complainant case stands well established. In the context of the complainant’s consistent case and in the absence of the said case being challenged, we are least hesitant to hold that the case of the complainant merit acceptance. We need hardly say, the complainant is entitled to relief.
5. In the light of the facts and circumstances discussed herein above the opposite parties are directed to pay an amount of Rs.50,000/- (Rupees fifty thousand only) with 12% interest from the date of institution of the instant complaint to the complainant till the recovery of the same. We hereby observe that the 1st opposite party's assets alone shall be liable for the said amount.
In the result, the complaint is allowed accordingly. No order as to compensation or cost.
Pronounced in open Forum on this the 31st day of January, 2012.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original pass book
Ext.A2 - Original receipt for Rs.50,000/-
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
