IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 25th day of September, 2009
Filed on 04/03/2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 115/2009
between
Complainant:- Opposite parties:-
Sri.Sebastian Jose 1. Sree Munnodi Devaswom
Palluruthil Manava Seva Trust, Reg. No.
Thumpoly P.O. A-491/2001, Kanjiramchira P.O.
Alappuzha Alappuzha
(By Adv. C. Parameswaran)
2. Sri. T.G. Shaji, President, Munnodi Devaswom Manava Seva Trust, Reg. No.A-491/2001, Thaiparampil
Canal Ward, Kanjiramchira P.O., Alappuzha
3. Sri. K.S. Girish, Secretary
Munnodi Devaswom Manava
Seva Trust No.A-491/2001
Pandyalackal, Kanjiramchira
P.O., Alappuzha
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBR)
Sri. Sebastian Jose has filed this complaint before the Forum on 04.03.09. The brief facts of the allegations of the complainant are as follows:- The first opposite party is a Registered Trust vide Registration No. A. 491/01 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 trust (opposite parties) she had deposited a sum of Rs. 1,00,000/- on 04.07.2006 under deposit No. B. 1249 and the opposite parties have agreed to credit, the monthly interest at the rate of 24% per annum in her account. At the time of the deposit of said amount the opposite parties issued Pass Book to her after endorsing the receipt of the said deposit. He had requested the opposite parties on 01.01.09 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 him. 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 party has denied the repayment of the deposited amount together with interest, she 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 ex-parte by this Forum 22.07.09 and 13.08.2009.
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 compensations?
4. Issues 1 and 2:- The complainant has filed proof affidavit in support of her case and produced documents– Ext.A1 to A2 – marked. Ext. A1 is the original Pass Book issued to the complainant at the time of deposit ( No. B-1249). The original pass book shows the details of deposit of 1,00,000/- on 04.07.2006 and the part payment of Rs. 10,000/- to the complainant and payment of interest. It further shows that the sum of Rs. 90,000/- is the outstanding balance amount payable to the complainant by the opposite parties. Ext. A2 is the original Fixed Deposit Receipt – A/c No. B/1729, for a sum of Rs. 1,00,000/- - its duration was for one year from 05.02.07.
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/-. To a certain period, the opposite parties had paid interest to the complainant and returned a sum of Rs. 10,000/- from the total amount. 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 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 the allegations put forward by the complainant 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 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 24% interest from 01.10.2008 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 on the part of the opposite parties by way of denial of the release of the balance 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.
Pronounced in open Forum on this the 25th day of September 2009.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Pass book
Ext. A2 - Fixed Deposit Receipt
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
