IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015
Filed on 23.04.2015
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier, Member
3. Smt. Jasmine D, Member
in
C.C.No.125/2015
between
Complainant: - Opposite Parties:-
Sri. Visweswaran, 1. Sree Munnodi Devaswom
Saritha Nivas, Manaveseva Trust, Reg.No.A-491/2001
Sanathanpuram P.O. Kanjiramchira
Kalarcodu Alappuzha
Alappuzha. Represented by its President
Now residing at Saritha Nivas,
Vattyal Ward,
Railway Station Road,
Thiruvampady P.O.
Alappuzha 2. Sree Munnodi
Manavaseva Trust,
Reg. No.A-491/2001, Kanjiramchira
Alappuzha,
Represented by its
Secretary
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The brief facts of the allegations of the complainant are as follows: -
As per the assurance given by the opposite parties, the complainant had deposited a sum of Rs.1,80,000/- before the opposite parties on 24.04.2015. At the time of the deposit of said amount the opposite parties issued Passbook to him and the opposite parties had given interest on the deposited amount to the complainant till 23.04.2007. Thereafter he had requested the opposite parties to return the deposited amount together with interest, in order to meet the urgent needs, the opposite parties have not returned the deposit amount with interest to the complainant, and he filed this complaint seeking relief.
2. Notices were issued to the opposite parties returned as unclaimed. Hence the opposite parties were set ex-parte.
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 amount with interest?
2) Compensation and costs.
4. Issues 1 and 2:- The complainant has filed proof affidavit in support of his case and produced four documents marked as Ext.A1 to A4.
5. On a perusal of the complaint, proof affidavit and documents produced by the complainant, it can be seen that on the basis of the assurance given by the opposite parties, the complainant had deposited a total amount of Rs.1,80,000/- and they had paid interest till 23.03.2007 for the amount of Rs. 1,00,00/- and paid interest till 04.04.2007 for the amount of Rs. 80,000/- in Ext A2 Passbook shows that on 28.11.2008 the remaining balance amount in the account of the complainant Rs. 78,000/- Hence the complainant is entitled to get a total sum of Rs. 1,78,000/- from the opposite parties. Since the complainant was in urgent need of money he requested the opposite parties to return the deposited amount of Rs.1,80,000/- with interest. But the opposite parties have not cared to return the amount. The complainant had deposited the said amount, 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 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 and it is 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 12% interest from 24.03.2007 to till the date of repayment of the entire amount, and Rs. 78,000/- (Rupees Seventy Eight thousand Only) to the complainant along with 12% interest from 29.11.2008 to till the date of repayment of the entire amount together with the compensation amount of Rs.2,000/- (Rupees Two thousand only) for his 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 deposited amount together with interest to the complainant in time and 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 said amounts within 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 30th day of September, 2015
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine D (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original Passbook of Savings Account
Ext.A2 - Original Fixed Deposit Receipt of Rs.80,000/-
Ext.A3 - Original fixed Deposit Receipt of Rs. 1,00,000/-
Ext.A4 - original Passbook of Savings Account
Evidence of the opposite parties: - Nil
// True Copy //
By Order,
Senior Superintendent.
To
Complainant/Opposite parties/S.F.
Typed by: - pr/-
Compared by:-
