IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of January, 2010
Filed on 28.02.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.86/09
between
Complainant:- Opposite Parties:-
Sri. D. Yesudas 1. Sreepadam Funds
Bungalow Parambu Kanjiramchira, Alappuzha Canal Ward, Alappuzha
(By Adv. Santhosh Das) 2. Sri.V.E. Viswan, Chairman
Sreepadam Funds
Kanjiramchira Ward
Alappuzha
3. Sri. K.N. Pavithra
Meetheen Parambu
Near Sree Raja Rajeswari
L.P.S., Pattukalam
Pathirappally P.O., Alappuzha
4. Sree Khandakarna Kshethram
Kanjiramchira, Alappuzha
Represented by Sree Khandakarna
Yogam through its President & Secretary
5. Sri.P.Rajeevan, President
Sree Khandakarna Kshethra
Yogam, Kanjiramchira
Alappuzha
6. Sri. Shaji, Secretary
Sree Khandakarna Kshethra
Yogam, Kanjiramchira Alappuzha
ORDER
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. D. Yesudas has filed this complaint before the Forum on 28/02/2009 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegation of the complainant are as follows:- He was a customer of the opposite party’s firm “M/s Sreepadam Funds” from the year 2002 onwards. On the basis of the assurance given by the opposite parties, he had deposited a sum of Rs.3,23,000/-. The opposite parties given interest for the said amount regularly up to 19.01.2006. The said deposit was for the expenses to be incurred in connection with the marriage of his daughter. The opposite parties have agreed to repay the said amount in April, 2006. But the opposite parties have repaid the said amount not so far. When contacted the opposite parties it was seen that they were left the place after locking the institution. In spite of several repeated request the opposite parties have not repay the principal amount or interest so far. Hence this complaint seeking relief.
2. Notices were issued to the opposite parties. 5th opposite party alone appeared before the Forum and filed version. Others are absent. Considering their absence, they were set exparte. In the version of 5th opposite party, it is stated that Sree Khandakarna Kshethra Yogam has no nexus, what so ever with Sreepadam funds where in the alleged funds sum was deposited. Sreepadam fund is not an association established controlled or administered by the Sree Khandakarna Kshethra Yogam. Both Kshethra Yogam and funds are having separate by-laws and they are being functioned controlled or administered on the basis of the respective by-laws. The rights and liability of both Sreepadam funds and Kshethrayogam are mutually different. It is further stated that consequent to the mal administration and misappropriation happened in the Sreepadam funds deposits have formed an action council, after electing of certain persons for the control administration management to the Kshethrayogam. And they are doing the control administration and management in the Kshethrayogam. It is further stated that the petition filed by the complainant is without impleading in the present Kshethrayogam Committee members and the aforesaid board members of the Sreepadam funds is factually and illegally unsustainable. It is further stated that interest calculated and claimed by the complainant is exorbitant and not acceptable, and that there is no deficiency in service on their part. It is further stated that there is no transaction between the complainant and the opposite parties, and complainant is not entitled to processes against the movable and immovable property of the opposite parties. It is further stated that opposite parties have not compelled and canvassed the complainant to make any deposit and denied the balance amount of Rs.3,23,000/- within interest. It is stated that the complaint is barred by limitation and cannot be relied on. Hence the petition is to be dismissed.
3. Considering the contentions of the complainant, this forum has raised the following issues:-
1) Whether the complainant is entitled to get the repayment of the amounts alleged?
2) Whether the complainant is entitled to get the compensation and cost?
4. Issues 1 and 2:- On the part of the Complainant he has filed proof affidavit along with the document in evidence.- Ext. A1 – original pass book issued by the opposite parties in favour of the complainant. It shows that details of the transaction including the payment of interest and the outstanding balance of Rs.3,23,000/- .
5. On a careful readings of entire matter of the case it can be seen that the complainant has deposited the amount on the assurance given by the opposite parties regarding the payment of principal amount and interest. For a certain period the opposite parties paid interest to the complainant and later defaulted the payment of interest. The complainant requested the opposite parties to return the principal amount with the interest. But the opposite parties willfully default the payment. The entire action of the opposite parties will come within the purview of deficiency of service and culpable negligence. The opposite parties acted illegally and without any authority and there is no justification on the part of the opposite parties to retain the amounts deposited by the complainant. The complainant is fully entitled to get the deposited amount together with its interest from the opposite parties. The entire action on the part of the opposite parties will come within the purview of dereliction of duty, and it will amounts to cheating. In this context, we are of the view that, since there is deficiency in service and culpable negligence by way of denial of repayment of amount to the complainant the opposite parties are bound to pay compensation and costs to the complainant. All the issues are found in favour of the complainant.
Hence, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs.3,23,000/- (Rupees three lakhs and twenty three thousand only) to the complainant, together with interest at the rate of 12% from 19.01.2006 till the date of repayment of the entire amount and pay a compensation of Rs. 10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, sufferings, physical strain and inconvenience due to the deficiency in service and culpable negligence on the part of the opposite parties by way of denial of the return of deposited amounts and its interest in time and pay a cost of Rs.2,000/- (Rupees two thousand only) as costs for this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant, within 30 days from the date of receipt of this order.
Pronounced in open Forum, on this the 29th day of January, 2010.
Sd/- Smt. N. Shajitha Beevi :
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original 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:-
