IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of October, 2011
Filed on 06.06.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No. 192/2011
between
Complainants:- Opposite Parties:-
1. Smt. Mercyamma.K.J. 1. Sri. T.N. Vijayan
(Retd. Sub Post Mistress) Anamika, P.O. Sanadanapuram
W/o Rajan Jacob, Ebenezer Kalarcode – 688 003
Ponga P.O., Kuttanad Taluk Ambalappuzha Taluk, Alappuzha
Pin – 688 512 (By Adv. S. Sreekanthan)
2. Sri. Rajan Jacob 2. Smt. Sumanki Vijayan
(Retd. Dt. Treasury Officer) W/o T.N. Vijayan
-do- -do- -do- -do-
3. Smt. Mamatha C. Rajan
W/o Shobhith Koshi Zen
-do- -do-
4. Sri. Ashish R. Jacob
S/o Rajan Jacob
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Smt. Mercyamma, Sri. Rajan Jacob, Smt.Mamatha C. Rajan and Sri.Ashish R. Jacob have filed this complaint on 06.06.2011 alleging deficiency in service on the part of the opposite parties. The main allegations of the complainants are as follows:- The opposite parties are engaged in the business under title M/s. Zig Zag Group and engaged in the field of Zig Zag Bankers, Zig Zag English Medium School, Zig Zag Press, Zig Zag Note Books, Kuttanad English Medium School etc. and engaged in accepting deposits and returning the same with interest. Believing the assurance of the opposite parties, the first complainant had deposited 3 times at the rate of Rs.65,000/-, 2nd complainant had deposited a sum of Rs.25,000/-, 3rd complainant had deposited a sum of Rs.45,000/-, 4th complainant had deposited a sum of Rs.25,000/- and first and third complainant jointly deposited a sum of Rs.40,000/- before the opposite parties. The total deposited amount comes to Rs.2 lakhs and that the opposite parties had paid interest for the said amount up to 9.10.2006. Opposite parties had issued fixed deposit receipts to the complainants. For the fixed deposit for a sum of Rs.20,000/- of the first complainant, the opposite parties issued Pass book. Opposite parties had issued documents for the said amounts to the complainants, Since there was no positive steps to return the amount, complainants contacted the opposite parties several times. But no response from the opposite parties. Hence this complaint.
2. Notices were issued to the opposite parties. They have accepted the notices. But 2nd opposite party has not appeared before the Forum. First opposite party entered appearance through counsel and filed version. Considering the absence of the 2nd opposite party she was set exparte by this Forum on 23.9.2011.
3. Considering the allegations of the complainants, this Forum, has raised the following issues:-
1) Whether there is deficiency in service and negligence on the part of the opposite parties in return the amounts?
2) Whether the complainants are entitled to get back the amounts from the opposite parties with interest?
3) Whether the complainants are entitled to get compensation and cots and punitive damages from the opposite parties?
4. Issues 1 to 3:- Complainants have filed proof affidavit in support of their case and produced the documents in evidence along with the proof affidavit. Exts.A1 to A8 marked. Exts.A1 to A7 are the Fixed Deposit Receipt issued to the complainants by the opposite parties at the time of receiving the amounts from them by way deposits. The Receipts were signed by the first opposite prty and sealed. The Receipts shows the deposit amounts of Rs.20,000/-, Rs.25,000/-, Rs.40,000/-, Rs.25,000/-, Rs.25,000/- Rs.20,000/- and Rs.25,000/-. The opposite parties had received the said amounts in connection with their firm M/s. Zig Zag Bankers. All the receipts shows the maturity period and the rate of interest. Ext.A8 is the original Pass book issued by the opposite parties to the first complainant in connection with the deposit of Rs.20,000/- in the said Bank of the opposite parties.
5. First opposite party has filed version. In the version, it is stated that the complaint is time barred and denied the nature of the business conducted by the opposite parties. It is stated that from the allegations of the complainants itself shows the cause of action occurred by years back, and that due to the above facts, the complaint is to be dismissed. Opposite parties had not filed any proof affidavit and not filed any documents before the Forum. The opposite parties were absent at the time of hearing the matter.
6. On a careful readings of the facts and circumstances of this matter and a perusal of the documents, given by the complainant in evidence, it can be seen that the complainants had deposited the amounts with the opposite parties, vide Exts.A1 to A9, on the basis of the assurance of the opposite parties. After accepting the amounts, and its further renewal, the opposite parties had denied to return of the said deposited amounts with agreed rate of interest to the complainants in time. The entire action of the opposite parties shows the nature of cheating. The opposite parties have no right to retain the amounts and its interest without repayment to the complainants. There is no justification on the side of the opposite parties about this financial issue. The amounts is to be returned to the complainants in time, since the complainants had deposited the said amount with the opposite parties only on the assurance given by them in repayment with interest in time. But the opposite parties are evaded from the assurance and denied the repayment to the complainants purposefully. Those actions of the opposite parties shows the grossest deficiency in service, culpable negligence, cheating and unfair trade practice. The whole action of the opposite parties are highly illegal and unauthorized, and for this opposite parties are answerable to the complainants. Even though the 2nd opposite party has accepted the notice of this Forum, in connection with this matter, she was not appeared before this Forum to state the reasons for denial of the repayments of the amounts to the complainants, since she is also responsible for this transaction. This shows the irresponsible attitude of the 2nd opposite party in this financial dealings. Since there is grossest deficiency in service, culpable negligence, unfair trade practice and cheating on the side of the opposite parties by way of purposeful denial of repayments of the deposited amounts to the complainants in time with agreed rate of interest, the complainants are fully entitled to get compensation, costs and punitive damages from the opposite parties. The opposite parties are jointly and severally liable for that. So, considering the entire facts and circumstances of this matter, we are of the strong view that the complainants’ allegations against the opposite parties are highly genuine and that the complaint is to be allowed as prayed for. All the issues are found in favour of the complainant.
In the result, the complaint is allowed. Hence we hereby direct the opposite parties to return the total amounts of Rs.2,00,000/- (Rupees two lakhs only) to the complainants with agreed rate of interest as per the Fixed Deposit Receipts (Exts.A1 to A8) from 09.10.2006 till the date of realization of the entire amount. We further directed the opposite parties to pay a sum of Rs.10,000/- (Rupees ten thousand only) to the complainants for their mental agony, pain, sufferings, physical strain and loss due to the grossest deficiency in service, culpable negligence, unfair trade practice and cheating of the opposite parties by way of purposeful denial of return of the deposited amounts and its interest to the complainants in time. Considering the facts and circumstances of this case, we direct the opposite parties to further pay a sum of Rs.10,000/- (Rupees ten thousand only) as punitive damages to the complainants and pay an amount of Rs.2000/- (Rupees two thousand only) as costs of this proceedings. We ordered that the complainants are free to proceed against the assets of the opposite parties for the realization of the above said amounts in case any violation of this order by the opposite parties. We further direct the opposite parties to pay the above said amounts to the complainants within 30 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 31st day of October, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainants:-
Ext.A1 to A7 - Original fixed deposit receipts
Ext.A8 - Original Pass book of the 1st complainant
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
