IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA

Dated this the 16^th day of October, 2009.

Present : Sri. Jacob Stephen (President)

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C. No.1/09

Between:

Mr. Shine. K. Thomas,

Kizhakkedathu, Aranmula.P.O.,

Mallappuzhassery,

Kozhencherry, rep. by

Power of Attorney holder:

Abraham. K. Thomas,

            -do.  –do.

(By Adv. Peelipose Thomas)                                                            …..      Complainant

And:

1. Shri.T.A. Koshy,

Elirath House, Vanchathara,

Kozhencherry.P.O.

2. Shri. K.G. Thomas,

Nampamkuttiyil,

Kanjiraveli, Aranmula.P.O.,

Pathanamthitta.

(By Adv. Suhas. M. Haneef)                                                          

      3.  Smt. Rosamma Daniel,

Valuthundiyil,

Vakayar.P.O., Konni.                                                          …..      Opposite parties.

O R D E R

Smt. C. Lathika Bhai (Member):

                        The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                        2. The facts of the complaint on the basis of the complaint, proof affidavit and the deposition is as follows:  On 1.2.2007, the complainant had deposited an amount of Rs.1,00,000/- and on 1.6.2007 an amount of Rs.50,000/- with the Valuthundil Financiers at Kozhencherry Branch.  The 1^st opposite party is the Branch Manager of Valuthundil Financiers at Kozhencherry.  2^nd opposite party is the Cashier-cum-accountant of this financiers and the 3^rd opposite party is the Managing Partner of the Valuthundil Financiers.  The opposite parties have issued receipts for the above said deposits by agreeing that the amount will be paid after twelve month with 8% interest per annum.  All the opposite parties have signed in the deposit receipt.  On 2.6.2008, the complainant approached the opposite parties to return her money with interest.  But they did not return the money as agreed.  Thereafter the complainant has approached the opposite parties several time to return her money deposited there.  But they refused to return the amount.  Now it is reliably learned that the Valuthundil Financiers closed their business and misappropriated the amounts collected from the depositors.

                        3. The complainant had sent an advocate notice on 4.6.2008 to all the opposite parties, the 1^st and 2^nd opposite parties have received the same.  The non-payment of the deposit amount with interest as agreed as a deficiency in service from the part of opposite parties, which caused mental agony and other hardships to the complainant.  Therefore, the complainant filed this complaint for getting an order for directing the opposite parties to pay the deposited amount with interest as agreed along with compensation and cost.  The complainant prays for granting the relief.

                        4. The opposite parties 1 and 3 have not appeared or filed version.  Hence they were declared as exparte.

                        5. The 2^nd opposite party has filed a version stating the following contentions:  The 2^nd opposite party is a temporary staff of the 3^rd opposite party’s financial institution and he is dealing with only the gold loan transactions of opposite party’s bank.  He never worked as a cashier in this bank and he did not sign any fixed deposit receipt issued to the complainant.  2^nd opposite party is not aware of the money transaction between the complainant and the financiers and he is not liable to pay any amount to the complainant.  Hence he prayed for the dismissal of the complaint.

                         6. The points for consideration in this complaint are:-

(1)   Whether the complaint is maintainable before the Forum?

(2)   Whether the complainant is entitled to get a relief as prayed

for in the complaint?

(3)   Relief & Cost?

          7.  The evidence of this case consists from the side of the complainant, the proof affidavit filed by the power of attorney holder of the complainant and the documents filed by the complainant.  On the basis of the proof affidavit filed by the complainant’s power of attorney holder, the power of attorney holder has been examined as PW1 and Exts.A1 to A8 were marked.  There is no oral or documentary evidence from the part of the opposite parties.

            8. Points 1 to 3:-  In order to prove the complainant’s case, the complainant’s power of attorney holder has adduced oral evidence as PW1 and Exts.A1 to A8 were marked.  Ext.A1 is the power of attorney issued by the complainant in favour of PW1.  Ext.A2 is the Fixed Deposit Receipt No.10659 dated 1.2.2007 for an amount of Rs.1,00,000/- issued by the Valuthundil Financiers.  Ext.A3 is the Fixed Deposit Receipt No.10691 dated 1.6.2007 for an amount of Rs.50,000/- issued by the Valuthundil Financiers.  Ext.A4 is the copy of advocate notice issued to the opposite parties.  Ext.A5 series is the postal receipts (2 Nos.) of the Ext.A4 notice.  Ext.A6 series is the acknowledgment card (2 Nos.) of Ext.A4 notice by 1^st and 2^nd opposite party.  Ext.A7 is the returned notice of 3^rd opposite party issued from the Forum.  Ext.A8 is the paper publication against the 3^rd opposite party published in Southern Star Daily.  2^nd opposite party’s counsel has been cross-examined PW1.  There is no oral or documentary evidence from the opposite parties.  After closure of the evidence, both sides heard.

            9. On a perusal of Ext.A2, the complainant had deposited an amount of Rs.1,00,000/- on 1.2.2007 for a term of twelve month with an interest at the rate of 8%.  As per Ext.A3, the complainant had deposited an amount of Rs.50,000/- on  1.6.2007 for a term of twelve months with 8% interest.  After the expiry of the term on 2.6.2008 the complainant had approached the opposite parties for getting the deposited amount along with interest.  But they refused to pay the deposited amount with interest.  The non-payment of the deposit amount with interest is a clear deficiency in service from the part of the opposite parties.  The complainant is entitled to get the fixed deposit amount along with interest from opposite parties. 

            10. According to the second opposite party, he was the staff of the 3^rd opposite party.  The complainant has not been produced any evidence to shows that the second opposite party has misappropriated the money deposited by the complainant with the 3^rd opposite party’s bank.  Hence the second opposite party is not liable to pay any amount to the complainant. In the absence of any evidence to disprove the complainant’s case, as the Managing Partner of Valuthundil Financiers the 3^rd opposite party is responsible to repay the deposited amount with interest to the complainant.  The complainant is entitled to get interest to the deposited amount so separate compensation is not required.  In the circumstances, the complainant’s prayer can be allowed partly.

            11. In the result, this complaint is allowed partly, thereby the complainant is allowed to realize an amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) as per Ext.A2 and Ext.A3 deposit receipts with interest at the rate of 9% per annum from the date of deposit of the amounts till this date along with a cost of Rs.1,000/- (Rupees One Thousand only) from the 3^rd opposite party.  The 3^rd opposite party is directed to pay the amount within 30 days from the date of receipt of this order, failing which the interest of the allowed amount will be followed at 10% per annum till the whole realization of the amount from today.

            Declared in the Open Forum on this the 16th day of October, 2009.

                                                                                                                   (Sd/-)

                                                                                                            C. Lathika Bhai,

                                                                                                                 (Member)

Sri. Jacob Stephen (President)                    :           (Sd/-)

Sri. N. Premkumar (Member)                    :           (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1    :  Abraham. K. Thomas.

Exhibits marked on the side of the complainant:

A1       :  Power of attorney. 

A2       :  Fixed Deposit Receipt No.10659 dated 1.2.2007 for an amount of Rs.1,00,000/-    

               issued by Valuthundil Financiers to the complainant. 

A3       :  Fixed Deposit Receipt No.10691 dated 1.6.2007 for an amount of Rs.50,000/-        

               issued by Valuthundil Financiers to the complainant. 

A4       :  Photocopy of advocate notice issued by the complainants to the opposite  

               parties. 

A5 & A5(a)     :  Postal receipts (2 Nos.) of Ext.A4 notice. 

A6 & A6(a)     :  Postal acknowledgment card (2 Nos) of Ext.A4 notice.

A7       :  Returned notice of 3^rd opposite party issued from the Forum. 

A8       :  Paper publication against the 3^rd opposite party published in Southern Star  

                Daily. 

Witness examined on the side of the opposite parties:  Nil

Exhibits marked on the side of the opposite parties:  Nil.  

                                                                                                                        (By Order)

                                                                                                            Senior Superintendent.

Copy to:- (1) Abraham. K. Thomas, Kizhakkedathu, Aranmula.P.O.,

                       Mallappuzhassery, Kozhencherry,

(2)   Shri.T.A. Koshy, Elirath House, Vanchathara, Kozhencherry.P.O.

(3)   Shri. K.G. Thomas, Nampamkuttiyil, Kanjiraveli, Aranmula.P.O.,

     Pathanamthitta.

(4)   Smt. Rosamma Daniel, Valuthundiyil, Vakayar.P.O., Konni.

(5)   The Stock File.