DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Civil Station, Palakkad 678001, Kerala
Dated this the 27th day of August, 2011
Present: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K. Member
Date of filing: 24/03/2011
CC/51/2011
K.Rajamani,
S/o. Krishnan,
Chozhiyampack Kalam, -Complainant
Elapully Post,
Palakkad – 678 622.
(Party in person)
Vs
1. The Manager,
Vivekananda Travels,
PB No.23, Razi Palace,
Opp. MES School,
Olavakkode, Palakkad.
(Adv. V. Krishnadas)
-Opposite parties
2. C.Narendran,
Managing Director,
Vivekananda Travels,
All India Pilgrim &
Picnic Package Tour Operators,
17/483B, Srikandeswara Complex,
SK Temple Road, Kozhikode – 4.
(Adv. V. Krishnadas)
O R D E R
BY SMT. PREETHA G NAIR, MEMBER
Complainant is a senior citizen and he entered into an agreement with opposite parties to deposit an amount of Rs.1,00,000/- with them on condition that return the amount after 1 year without interest. As per the Tour Package the opposite parties agreed that complainant and his wife will be eligible for a free tour with the opposite parties to Rajasthan. The entire tour expenses was agreed to met by the opposite parties as per the tour shedule. Then the complainant deposited an amount of Rs.1,00,000/- on 28/07/2009. 1st opposite party is the Manager and 2nd opposite party is the Managing Director of Vivekananda travels. The complainant and his wife went to tour on 03/10/2009. But the opposite parties failed to return Rs.1,00,000/- as on the due date ie on 26/07/2010. The complainant approached the opposite parties on several times and demanded the deposited amount. But the opposite parties not returned the amount. Hence the complainant prays an order directing the opposite parties to return Rs.1,00,000/- and pay Rs.40,000/- as compensation for mental agony. Opposite parties filed version stating the following contentions. Opposite parties admitted that the complainant was a member in the Golden Card Scheme arranged by the opposite parties. Deposit of Rs.1,00,000/- is also admitted by opposite parties. The deposited amount was returned after 1 year and executed an agreement between the complainant and opposite parties also admitted. As per the agreement the complainant and his wife went to Rajasthan trip and the entire tour expenses will be met by the opposite parties. But the complainant came to the office on 25/06/2010 before the due date and demanded to return Rs.1,00,000. The opposite parties stated that the deposited amount will be returned after 1 year from the date of deposited amount. Thereafter the complainant came to the office of opposite parties before two days from the due date and demanded the deposited amount. The opposite parties stated that the cheque for the deposited amount will be issued after two days. But the complainant not accepted the cheque for the deposited amount and demanded the total amount of Rs.1,00,000/- on that day. But the opposite parties not ready to pay the deposited amount. Thereafter the complainant has not came to opposite parties for the deposited amount. The opposite parties ready to pay Rs.1,00,000/- to the complainant. They are not liable to pay any amount as claimed in the complaint.
The complainant filed affidavit and documents. Ext.A1 to A4 marked. The opposite parties not filed affidavit. No documentary evidence was produced by the opposite parties. Matter was heard from the complainant.
Issues to be considered are,
1. Whether there is any deficiency in service on the part of the opposite parties?
2. If so, what is the relief and cost entitled to the complainant?
Issue No: I & II
We perused relevant documents on record. Agreement between the parties and deposited of Rs.1,00,000/- is admitted by opposite parties. In Ext.A1 the complainant has deposited an amount of Rs.1,00,000/- to the opposite parties. As per the terms of the agreement the complainant and his wife went to Rajasthan trip. The entire tour expenses met by the opposite parties. In Ext.A2 the complainant has deposited Rs.1,00,000/- on 28/07/2009. In Ext.A1, 2nd opposite party agreed that deposit an amount of Rs.1,00,000/- for a period of one year from 26/07/2009 and the invest period will end on 26/07/2010. Now the opposite parties ready to pay Rs.1,00,000/- to the complainant. No affidavit filed by opposite parties. Complainant stated that the opposite parties not paid the deposited amount on the due date. No evidence was produced by the opposite parties to prove that deposited amount was ready on the due date. In Ext.A1 the deposited amount was return after one year without interest on the amount as invest. In the present case the opposite parties not paid the deposited amount on the due date. In Ext.A3 the opposite parties sent a letter dated 23/12/2010 to the complainant that the cheque for the deposited amount will be paid on January 2011. The complaint was filed on 24/03/2011. Opposite parties stated that they were always ready to issue the cheque for the deposited amount and the complainant demanded the deposited amount before the due date. Supporting evidence was not produced by the opposite parties. In Ext.A3 we find the opposite parties failed to pay the deposited amount on the date of maturity.
In the above discussions we are of the view that there is deficiency in service on the part of opposite parties to non payment of the deposited amount. In the result complaint allowed. We direct the opposite parties jointly and severally liable to pay the deposited amount of Rs.1,00,000/- with 12% from the date of maturity to date of order and pay Rs.1,000/- as cost of the proceedings to the complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 27th day of August, 2011.
Sd/-
Smt. Preetha G Nair
Member
Sd/-
Smt. Bhanumathi A K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
Ext.A1- Agreement letter between complainant and opposite parties regarding the investment.
Ext.A2- Receipt of Golden Card Special Scheme No.363 issued by the opposite parties.
Ext.A3- Letter from opposite party to complainant dated 23/12/2010
Ext.A4- Letter issued complainant to the opposite parties dated 25/01/2011
Exhibits marked on the side of the opposite parties
Nil.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the opposite parties
Nil.
Cost allowed
Rs.1,000/-(Rupees One Thousand Only) allowed as cost of proceedings.
