Sri. k.anirudhan (member)

                        Sri. Chacko has filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties.  The brief facts of the contentions of the complainant are as follows: - He has deposited a sum of rupees one lakh with the opposite parties, after opened an account as No. 201 in the Sreepadam Funds on 25-11-2005 and the opposite parties issued passbook for the said amount.  At the time of depositing the said amount, the opposite parties agreed that the deposited amount with interest would be repaid to the complainant as and when he demands.  The amount was deposited for the medical treatment of the complainant.  On 24-03-2006, the complainant demanded the return of the said deposited amount. Out of the total amount, the opposite parties returned only a sum of Rs. 10,000/-.  As per the passbook issued to the complainant, a sum of Rs. 90,000/- was outstanding as on 24-03-2006.  Since there were no positive steps on the part of the opposite parties in releasing the deposited amount, the complainant filed this complaint seeking relief.

1.      Notices were issued to the opposite parties.  Opposite parties 1^st, 3^rd, 4^th, 5^th, and 6^th are entered appearance.  1^st, 3^rd and 4^th opposite parties filed version.  6^th opposite party also filed version.  5^th opposite party has not filed any version, even though he has entered appearance through counsel.  In the version of the 1^st, 3^rd and 4^th opposite parties, it is contended that the complainant had not deposited the amount of Rupees one lakh before the Sreepadam Trust and denied the repayment of amount.  It is further contended that they have no connection with the said transaction and that the statement of withdrawal of Rs. 10,00/- is false and that the complainant is not entitled to get any relief from them.  In the version of the 6^th opposite party he has stated that he is not the member of the Sreepadam Trust and has no transaction with complainant and no connection with the said money transaction.  It is contended that the passbook issued to the complainant is a forged document and that he has no dealings with the complainant and have no personal liability.

2.      Considering the rival contentions of the parties, this Forum has raised the following issues:-

1)      Whether there is any deficiency in service on the part of the opposite parties?

2)      Compensation and costs

3.      Issues 1 and 2: - On the side of the complainant he has produced the original passbook No. 195/26 issued to the complainant (Ext. A1 A/c No. 201/Folio No. 195/26).  It was signed by the Chairman on 25-11-2005.  The passbook shows that it was in the name of Sreepadam Funds, Kanjiramchira.  The Ext, A1 document further shows that on 25-11-2005, a sum of Rupees One Lakh was deposited by the complainant and on 24-03-2006 a sum of Rs. 10,000/- was taken back vide receipt No. 16/2, balance as per Ext. A1 comes to Rs. 90,000/-

4.      On a careful readings of the document (Ext. A1) produced by the complainant in evidence, it can be seen that the complainant had deposited a sum of Rupees One Lakh before the opposite parties.  Out of the said deposited amount, the opposite parties released a sum of Rs. 10,000/- balance amount comes to Rs. 90,000/-.  The Ext. A1 document was signed by the Chairman of the Sreepadam Funds.  The opposite parties, being the responsible parties of the said Sreepadam Trust board, they are fully bound to repay the balance deposited amount to the complainant in time.  Any kind of deviation from that will amount to deficiency of service.  By the denial of the release of the balance deposited amount to the complainant, the opposite parties have committed deficiency of service and they are jointly and severally liable for the said amount payable to the complainant.  The action on the part of the opposite parties are highly illegal arbitrary and unauthorized.  The complainant is entitled to get compensation from the opposite parties for his loss mental agony, physical strain.  There is gross negligence on the part of the opposite parties by way of denial of the release of the balance deposited amount to the complainant in time.  The issues are found in favour of the complainant.  Hence after a verification of the documents in evidence, deposition of the complainant all the facts and circumstances of the matter and after a detailed hearing, we are of the strong view that the complaint is to be allowed.

5.      In the result, we hereby direct the opposite parties to return the balance deposited amount of Rs. 90,000/- (Rupees Ninety Thousand only) with 18% interest to the complainant and a compensation of Rs. 10,000/- (Rupees Ten Thousand only) for his mental agony and loss, together with a cost of Rs. 2,000/- (Rupees Two Thousand only) for this proceedings.  We further direct the opposite parties to pay the above said amounts to the complainant within one month from the date of receipt of this order.

Complaint allowed.

Pronounced in Open Forum on this the 26^th day of September, 2008

                                                                        Sd/-     Sri. K.Anirudhan

                                                                        Sd/-     Sri. Jimmy Korah

                                                                        Sd/-     Smt. N.Shajitha Beevi

APPENDIX

Evidence of the complainant:-

PW1                -           Chacko Augustine

Ext. A1            -           Original passbook of A/c. No. 201, folio 195/26 issued by

                                    Sreepadam Funds

Evidence of the Opposite parties: -                    NIL

// True Copy //

                                                                                                By Order

                                                                                    Senior Superintendent

To

            Complainant/Opposite parties/SF

Typed by: Sh/-

Compd by: