IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of November, 2015
Filed on 10.03.2015
Present
1. Smt. Elizabeth George, President
- Sri. Antony Xavier, Member
- Smt. Jasmine.D. (Member)
in
C.C.No.77/2015
Between
Complainants:- Opposite Parties:-
1. Smt. Kamthai 1. Sree Munnodi Devaswom
Kochuputhan Kattungal Manava Seva Trust
Valiyamaram Ward Represented by its President
Alappuzha Municipality Kanjiramchira, Alappuzha
Alappuzha Pin – 688 007
2.Sri. Selvaraj, Mattathilparambu 2. Sree Munnodi Devaswom
-do- -do- Manava Seva Trust
Represented by its Secretary
3. Sri. Alakar Swami -do- -do- -do-
4. Sri. Vijayajraj -do-
5.Sri. Ganesan, -do-
(By Adv. P.V. Thomas)
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainants’ case succinctly is as follows:-
The first complainant deposited a total amount of Rs.65,000/- with the opposite parties by two different occasions. The complainant so deposited an amount of Rs.50,000/- on 14th September 2006 and Rs.15,000/- on 22nd February 2007 taking the total to the aforesaid Rs.65,000/-. The 2nd, 4th and 5th complainants are the legal heirs of one Ms. Rajeswari who had deposited on 14th September 2006 deposited an amount of Rs.50,000/- and Rs.48,000/- on 25th February 2007. The third complainant on 30th March 2007 the 4th complainant himself had deposited an amount of Rs.4,000/- with the opposite parties. The opposite parties issued pass books and receipts as to the respective amounts to each complainant to the said effect. The complainants deposited the said amounts with the opposite parties on being induced by the alluring offers as to prompt refunding and attractive interest for the aforesaid amounts. Notwithstanding the opposite parties’ said tempting persuasion, the opposite parties paid interest for the deposit amount only up to February 2008. The complainants’ repeated requests and demands for the interest and the deposit amounts all yielded no results. Contrary to their assurances and promises, the opposite parties refused to disburse any interest or the principal amount to the complainants. Got aggrieved on this, the complainant approached this Forum for compensation and relief.
2. Though the notices were served the opposite parties were not keen on appearing before this Forum or challenging the complainants’ case. With the result, the opposite party was set ex-parte.
3. The complainants’ evidence consists of the affidavit of the 4th complainant who has sworn in for the other complainants as well, and the documents Exts.A1 to A6(a) were marked. As have been already observed, the opposite parties neither did turn u nor contend the complainants’ case.
4. Taking into account the complainant’s contention the issues that come up before us for consideration are:-
1)Whether the complainants deposited the amounts a claimed by them with the opposite parties?
2)Whether the amounts so deposited if any by the complainants have been refunded to them?
3)Whether the complainants are entitled to any relief?
5. Bearing lively in mind the complainants’ case we carefully perused the pleadings, proof affidavit and other documents placed on record before us by the complainants. We meticulously went through Exts.A1 to A6(a) all of which markedly evince that the first complainant had deposited a total amount of Rs.63,000/- (Rs.50,000/- + Rs.13000/-), one Ms. Rajeswari who was the legal predecessor of the 2nd, 4th and 5th complainants had deposited a total amount of Rs.92,000/- (Rs.47,500/- + Rs.44,500/-) vide a couple of occasions, the third complainant deposited an amount of Rs.45,000/- and the 4th complainant himself had deposited an amount of Rs.3,500/- with the opposite parties. However, the opposite parties did not make it a point to disburse neither the interest nor refunded the deposit amounts as promised by them. As a matter of fact, the complainants deposited the aforesaid amounts on the opposite parties’ alluring assurances and promises. Thereafter, the opposite parties not only disbursed the interest and the deposit amounts, but caused the complainants run from pillar to post to get their grievances resolved. As we have already observed, the opposite parties neither turned up nor let in any evidence to challenge the complainants’ case. In the context of the complainants’ convincing case and in the premise of not disputing the same by the opposite parties, we are of the strong view that the complainants’ case stands well established and merit acceptance. It goes without saying that the service of the opposite party is deficient. We need hardly say, the complainants are entitled to relief.
6. It appears that during the pendency of the petition, the first complainant expired and her legal heirs have been impleaded.
7. In the light of the facts and circumstances discussed herein above the opposite parties are directed to pay the legal heirs of the first complainant a total amount of Rs.63,000/- (Rupees sixty three thousand only), pay the 2nd, 4th and 5th complainants a total amount of Rs.92,000/-(Rupees ninety two thousand only), the third complainant an amount of Rs.45,000/- (Rupees forty five thousand only) and 4th complainant again an amount of Rs.3,500/- (Rupees three thousand and five hundred only) with 9% interest from the date of institution of the instant complaint till the recovery of the same to the complainants. We hereby observe that the opposite parties’ assets shall be liable for the aforesaid amounts.
In the result, the complaint is allowed accordingly. No order as to compensation or costs.
Pronounced in open Forum on this the 30th day of November, 2015.
Sd/- Sri.Antony Xavier (Member) :
Sd/- Smt.Elizabeth George (President) :
Sd/- Smt. Jasmine. D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext. A1 - Fixed deposit receipt for Rs.50,000/- in the name of Kamthai
Ext.A1(a) - Pass book in the name of Kamthai
Ext.A2 - Fixed deposit receipt for Rs.15,000/- in the name of Kamthai
Ext.A2(a) - Pass book in the name of Kamthai
Ext.A3 - Fixed deposit receipt for Rs.50,000/- in the name of Alakar Swami
Ext.A3(a) - Pass book in the name of Alakar Swami
Ext.A4 - Fixed deposit receipt for Rs.4000/- in the name of Vijayraj. A.
Ext.A4(a) - Pass book in the name of Vijayraj. A.
Ext.A5 - Fixed deposit receipt for Rs.50,000/- in the name of Rajeswari
Ext.A5(a) - Pass book in the name of Rajeswari
Ext.A6 - Fixed deposit receipt for Rs.48,000/- in the name of Rajeswari
Ext.A6(a) - Pass book in the name of Rajeswari
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
