1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SMT. N. SHAJITHA BEEVI (MEMBER) Sri. K.R. Baby Jacob has filed the complaint before this forum alleging deficiency in service on the part of the opposite parties. The brief fact of the case of the complainant is as follows: - The complainant had deposit an initial payment of Rs. 25,000/- on 31-7-02 before the opposite parties, M/s. Sreepadam Trust Board, Kanjiaram Chira, Alappuzha. It is further stated that the complainant had deposited a total sum of Rs. 1,75,000/- in different dates up to 2-12-2005. But the opposite parties have not returned the deposited amount to the complainant in spite of repeat request. Since the complainant has no received a positive response to release the amount from the opposite parties, she has filed this complaint alleging deficiency in service on the part of the opposite parties. 2. Notice was issued to the opposite parties. Only the 2nd opposite party entered appearance. Others were not appeared before this Forum, even though they have accepted notice. The opposite parties have not filed any version. So they were set exparte on 23-4-08. 3. Considering the contentions of the complainant this Forum has raised the issue whether there is any deficiency in service on the part of the opposite parties? 4. On the side of the complainant she has produced the original pass book issued by the Sreepadam Funds Kanjiaram Chira, Alappuzha, showing the account No. 634, Folio No. 31/2000. Pass Book shows the details of remittance made by the complainant from 31/7/2002 up to 2/12/2005. The pass book further states that there is an amount of Rs. 1,75,000/- is the outstanding amount. In the chief examination complainant stated that on different dates she has deposited amounts before the opposite parties and present outstanding amount is Rs. 1,75,000/- is to be repaid. She further stated that she has to get the said amount together with interest from 31-7-2002. 5. On a perusal of the complainant and documents given in evidence we are of the view that the contention of complainant is genuine and it is to be allowed, since there is deficiency in service on the part of the opposite parties. The issue is found in favour of the complainant. Hence we hereby direct the opposite parties to repay the deposited amount of Rs. 1,75,000/- to the complainant with agreed rate of interest from 31-07-2002 with a compensation of Rs. 10,000/- for gross negligence in the part of the opposite parties and a cost of Rs. 2,000/- to the complainant. We further direct the opposite parties to pay the said amount to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 30th day of June, 2008. Sd/- SMT. N. SHAJITHA BEEVI: Sd/- SRI.K. ANIRUDHAN: Sd/- SRI. JIMMY KORAH: APPENDIX Evidence of the Complainant: PW1 - K.R. Baby Jacob Ext.A1 - Original Pass book A/c No. 634 Evidence of the Opposite Parties: NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
