IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

            Dated this the   26^th  day of March  2018

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

        Sri. M.Praveen Kumar,Bsc, LLB ,Member

       CC.No.74/2016

1. Smt.Geetha Kumari                                 :                            Complainants

         W/o Sasidhara Kurup

        Vattakkattu House, Peringadu P.O

         Adoor

2. Sasidhara Kurup

         S/o Ramakrishna Kurup

         Vattakkattu House, Peringadu P.O

         Adoor

         [By Adv. G.Govinda pillai, Kollam]

V/s

          1.      The Janakalayan   Education and     :                  Opposite parties 

       Charitable   Trust, Kadappakkada

       represented by the Trustee and

       Executive Secretary Sri.Sathya Narayan

      S/o Maniyan Pillai, Sreesadanam Palamukku

       Pavithreswaram Village , Puthoor

       Kottarakkara

2.          Sathya Narayan 

S/o  Maniyan Pillai

Sreesadanam Palamukku

Pavithreswaram Village, Puthoor

Kottarakkara

[By Adv. G.Subha, Kollam]

3.       Dr.T.N.Jayakrishnan

          Chairman , Janakalayan   Education and Charitable Trust

           No.11, Leyland Auto Centre

           Kadappakkada

          Kollam – 8

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ORDER

SRI. M. PRAVEEN KUMAR, MEMBER

          This case is based on a complaint filed by the 1^st and 2^nd complainants seeking repayment of maturity amount of Rs.50,000/-, bonus amount of Rs.30,000/- compensation to the tune of Rs.15,000/- and cost of Rs.4000/- due to the deficiency in service on the part of opposite parties .

          Complainants case is that the agents of 2^nd and 3^rd opposite parties persuaded the complainants to deposit Rs.25,000/- in the trust and that amount would doubled with bonus benefits after 5  years. Complainants went to 1^st opposite party’s office at Kadappakkada and the 2^nd and 3^rd opposite parties were present in the office. They told the complainants to deposit Rs.25,000/- (Rupees Twenty Five Thousand  Only).  Accordingly the complainants deposited  a sum of Rs.25,000/- on 28/10/2010 in the name of 1^st complainant and the 2^nd and 3^rd opposite parties  personally assured that double the amount plus bonus would be given to the 1^st complainant at the end of the 5^th year ie on 28.10.2015. The 2^nd and 3^rd opposite parties pressed and perused the complainant’s to deposit the amount.      

Complainant’s approached the 2^nd and 3^rd opposite parties on 1/11/2015 seeking  payment of Rs.50,000/- and bonus and they told complainants that they would pay the amount within 10 days , to the 1^st complainant. But not paid the amount of bonus as agreed till date. There is deficiency in service on the part of the

opposite parties. 2^nd and 3^rd opposite parties. The complainants caused to send an advocate notice to the opposite parties,  but the same returned un served as the opposite parties refused to accept  the notice .  Hence the complainants approached the forum seeking the above relief.

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Though notice was served on opposite party 3 he has neither appeared before the forum nor contested the matter.  Hence he was set exparte on 03.06.2016.

          Opposite parties 1 and 2 filed a joint version contending that opposite parties1 and 2 issued membership of the Janakalayan   Education and         Charitable   Trust which is formed under the Indian Trust Act  to complainant in the name of 1^st complainant on 28/10/10. The member who paid subscription on the consecutive three years and after the completion of 5 years, said member shall get full principal amount and insurance coverage the 1^st complainant is not eligible for the claim . On the basis of the complaint of the members of the trust Kollam East  Police has registered crime numbered 1778/13 and documents related to the trust are taken by the police and the opposite parties will produced the relevant records before the Forum at the evidence stage. There is no deficiency in service and no unfair trade practice on the part of said  opposite parties. Opposite party No.1&2 further pray to dismiss with costs. 

Even though  opposite party 1&2 filed version they have not co-operated in the trial and hence they were also set  exparte on 27.01.2018.

Points for consideration:-

1. Whether there is any deficiency in service or unfair trade practice on the side of opposite party1 to opposite party 3 as alleged?
2. Whether the 1^st complainant is entitled to get the amount claimed in the complaint with interest as prayed for in the complaint?
3. Reliefs and costs.

The complainant filed proof affidavit and got marked 3 documents as Ext.P1 to p3.

          Heard the complainant counsel who has also filed notes of argument.

Point No.1 &2

          For avoiding repetition of discussion of materials these two points are considered together.  The 2^nd complainant filed proof affidavit by reiterating the averments in the complaint and got martked Ext.P1 to P3 documents.  The unchallenged averments in the affidavit coupled with Ext.P1 to P3 documents would establish primafascie that the 1^st complainant has deposited an amount of  Rs.25,000/- for a term of 5 years, date of commencement 28.10.2010 and date of maturity 28.10.2015.  The Executive secretary has also seen issued Ext.P1 receipt evidencing the receipt of Rs.25000/- as membership subscription from the 1^st complainant.  It is clear  from condition No.5(i) that  the membership subscription amount can be withdrawn after minimum period of 5 years with bonus.  The amount or percentage of bonus has not been mentioned in the condition.  however as the maturity  date is shown in the column No.7 coupled with condition 5  would clearly indicate that the amount has been received  as  fixed  deposit as claimed by

 the complainants and refundable after 5 years along with bonus.  It is further to be pointed out that though lawyer notice alleging that Rs.25000/- has been deposited

as fixed deposit in the trust.  Opposite party No.1 to 3 have not sent any reply notice denying or disputing the same.  But there is no mention in Ext.P1 receipt that opposite parties have undertaken to pay double the amount with bonus as claimed by the complainant.  The complainants would claim  Rs.30,000/- as bonus from the opposite parties.  But complainant has not produced any material to prove the amount or rate of bonus agreed.  But it is clearly stated in Ext.P1 receipt that the subscriber is entitled to get bonus.  in the circumstance we are inclined to consider  that the 1^st complainant is entitled to get 12% bonus for Rs.25,000/- for 5 years and no such case the amount of Rs.25,000/- will be double by 5 years.

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It is pertinent to note that even after the maturity period   opposite parties have not taken any steps to return the deposited amount with interest and not even returned the deposited amount at least till date.  In view of the materials discussed above it is clear that there is deficiency in service and unfair trade practice on the side of opposite party 1 to 3 and therefore the complainant is entitled to get compensation also apart from the amount deposited and its bonus along with  costs of the proceedings.  The points answered accordingly.

Point No.3

          In the result the complaint stands allowed directing the opposite party No.1 to 3 jointly and severally to return the deposited amount Rs.25,000/- with interest @ 12% per annum from the date of deposit ie, 28.10.2010 till realization to the 1^st complainant Rs.10,000/- as compensation and Rs.3000/- as costs of the proceedings  with in 45 days from today failing which the complainant is allowed to realize the same from opposite party No.1 to 3 and the assets of the trust.

Dictated to the  Confidential Assistant Smt.Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the   26^th day of March 2018.                                                                                                       

INDEX

Documents marked for the  complainant

Ext.P1                  :         Original receipt of  FD

Ext.P2                  :         Copy of Advocate notice

Ext.P3                  :         Postal receipt

                                                                                                E.M .MUHAMMED IBRAHIM:Sd/                                                                                                                                                                     M.PRAVEENKUMAR:Sd/-                                                                                                                                                                                 Forwarded/by Order

                                                                                                Senior Superintendent