IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of October, 2011
Filed on 07.02.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.38/2011
between
Complainant:- Opposite Parties:-
Sri.R.K. Krishnan 1. Sree Shanmukha Vilasam Trust
Ramanathan Parambu Res. No.A-1106/2005
Krishnalayam Vadackal, Alappuzha – 2
ESI Ward, Alappuzha
(By Adv. T.T.Sudheesh) 2. Sri. T.S. Vijayappan, Secretary
Sree Shanmukha Vilasam Trust
Vadackal, Alappuzha – 2
3. Sri. Santhosh Jithendran, President -do- -do-
4. Sri.P.U.Shajimon, Treasurer
-do- -do-
5. Sri.D.K. Viswanathan
Former President, -do-
(By Adv. Legitha D’Cruz)
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. R.K. Krishnan has filed this complaint before the Forum on 07.02.2011 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The opposite parties have received an amount of Rs.1,50,000/- from the complainant on different dates and they had paid interest till August, 2007. Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount, since there was no positive steps to return the amount, he filed this complaint seeking relief.
2. Notices issued to the opposite parties, they were not appeared before this Forum. Considering their absence, they were set exparte by this Forum. But 5th opposite party filed a petition to set aside the exparte order. The petition allowed and he filed version.
3. In the version of the 5th opposite party with untenable contentions. It is submitted that he was the former President of the said Trust, and further submitted that debt is time barred. Further submitted that he has no direct knowledge and any responsibility in present conduct of business and has no liability for the same.
4. Considering the allegations of the parties, this Forum has raised the following issues:-
1) Whether there is any deficiently in service and negligence on the part of the
opposite parties in repayment of deposit to the complainant?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties?
5. Issues 1 and 2:- Complainant has filed proof affidavit in the support of his case and produced 3 documents in evidence – Ext.A1 to A3 were marked. Ext. A1 and A2 are the original pass books issued by the opposite parties to the complainant at the time of depositing the amount. It shows the deposited amount, interest paid etc. Ext.A3 is the advocate notice.
6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties, the complainant had deposited the amount before the Trust administered by the opposite parties. The pass books show that opposite parties had paid some interest to the complainant for a certain period, for the said deposited amount. Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the amount with interest. But the opposite parties have not shown any effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence in repayment of deposited amount with interest to the complainant in time. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is fully entitled to get back the deposited amounts with interest from the opposite parties. Since there is deficiency in service and negligence on the part of the opposite parties by way denial of repayment to the complainant, he is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that. Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant against the opposite parties are highly genuine. So the complaint is to be allowed. 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.1,50,000/- (Rupees one lakh and fifty thousand only) to the complainant along with 14% interest per annum from August, .2007 to till the date of repayment of the entire amount to the complainant and pay a compensation of Rs. 10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence on the part of the opposite parties by way of refusal to return back the deposited amounts and its interest in time to the complainant, and further 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 above said amounts to the complainant within the 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of October, 2011.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K. Anidudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 & A2 - Original Pass Books
Ext.A3 - Advocate notice
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
