1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) Sri. C.R. Eapen has filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties. Brief facts of the contentions of the complainant is as follows:- The complainant had deposited a sum of Rs.1,50,000/- before the opposite parties concern namely M/s. Sreepadam Funds, Kanjiramachira, Alappuzha during period of June and July 2002. It is contended that the complainant had received interest up to February 2006 at the rate of Rs.2138/- per month. But after that the complainant had not received any amount by way of interest or deposited amount. On enquiry, it was learnt that 7th opposite party who is the trustees of the Kalappura temple along with others are left the place without payments to the depositors. Since the complainant has not obtained the deposited amount, he has filed the complaint seeking relief. 2. Notices were issued to the opposite parties and they entered appearance. Opposite parties 1, 2, 3, 4 and 6th are filed version. On the side of the complainant he has filed 9 documents in evidence. In the version of 1, 3 and 4th opposite parties, it is stated that, the complainant had not deposited the amount in the Trust and denied the release of interest at the rate of Rs.2138/-. It is further stated that the 7th opposite party has absconded with the amount which was collected from the depositors and a case is now pending before the police. The version further reveals that the above opposite parties have not obtained any deposited amount. The version of the 2nd opposite party shows that he has no connection with the alleged deposited amount. The version further reveals that the 2nd opposite party is the President of the Kshethra Yogam and it has no nexus whatsoever with the Sreepadam Funds and he has no connection with the alleged incident stated by the complainant. In version of the 6th opposite party, it is stated that there is no deficiency on his part and he is unaware of the deposit amount of the complainant and he is not the elected member of the committee. The documents given by the complainant in evidence is marked as Exts.A1 to A9. Ext.A1 is the copy of the Pass Book issued by the Chairman. Sreepadam funds in favour of the complainant A/c No.403. It shows that the deposited amount of Rs.1,50,000/- . Ext A2 is the Registers of the Sreekanda Karna Kshethra Yogam. Item No.1 of the byelaws shows the name of the funds and item No.3 (d) shows that details of deposit. Ext.A3 is the copy of the petition submitted to the Police Superintendent, Alappuzha in connection with the misappropriation of funds, by the President. Ext.A4 is the copy of the petition to the Police Superintendent. Ext.A5 is the minutes of the Board. Ext.A6 is the receipt dt. 7.1.06. Ext.A7 is the consent deed of Sri. Sidhardhan. Ext.A8 is the undertaking of Sri. V.E. Viswan and Ext. A9 is the undertaking of Sri.K.S.Sajeev. 3. Considering the contentions of the parties, this Forum has raised the issues:- (1) Whether there is any deficiency in service on the part of the opposite parties? (2) Relief and costs. 4. The documents produced by the complainant clearly shows that he has deposited the amount, before the opposite parties. In spite of repeated requests of the complainant opposite parties have not taken any earnest steps to return the deposited amounts. The contentions raised by the opposite parties have no locus standi and it cannot taken into account for the denial of the amount to the complainant. The contentions of the complainant are genuine and denial of the release of the deposited amount will come under the purview of deficiency of service and gross negligence on the part of the opposite parties. The opposite parties are jointly and severally liable for the amount payable to the complainant. On a perusal of the complaint and all other documents given in evidence and depositions of the parties and after a detailed hearing, we are of the view that there is deficiency in service on the part of the opposite parties. The issues are found in favour of the complainant. In the result, we direct the opposite parties to pay the deposited amount of Rs.1,50,000/- (Rupees one lakh and fifty thousand only) together with 12% interest with a compensation amount of Rs.25,000/- (Rupees twenty five thousand only) for mental agony and inconvenience of the complainant and a cost of Rs.2000/- (Rupees two thousand only) to the complainant. We further direct the opposite parties to pay the said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounce in open Forum on this the 30th day of June, 2008. Sd/- SRI. K. ANIRUDHAN: Sd/- SRI. JIMMY KORAH: Sd/- SMT. N. SHAJITHA BEEVI: APPENDIX:- Evidence of the complainant:- PW1 - C. R. Eapen (Witness) Ext.A1 - Photo copy of the Pass Book Ext.A2 - Photo copy of the conditions of Kshethra Yogam Ext.A3 - Photo copy of the petition before the Police Supdt. Ext.A4 - Photo copy of the complaint before the Zilla Police Supdt. Ext.A5 - Photo copy of the minutes of the Board Ext.A6 - Photo copy of the receipt dt.7.1.06 Ext.A7 - Photo copy of the consent deed of Sri. Sidhardhan Ext.A8 - Photo copy of the undertaking of V.E.Viswan Ext.A9 - Photo copy of the undertaking of Sri.K.S.Sajeev Evidence of the opposite parties:- Nil // True Copy // By order Senior Superintendent To Complainant/Oppo.parties/S.F. Typed by:-pr/- Compared by:-
