O R D E R

Smt. Sheela Jacob (Member):

                   The complainant has filed the complaint against the opposite parties for getting a relief from the Forum.

                   2. The grievance of the complainant in brief is as follows:  The complainant is a teacher at St. Mary’s H.S. Anicad.  The opposite parties assured that if she pay Rs.250/- each per month for 3 years, the complainant would get Rs.10,000/- at the time of maturity.  The complainant believed the assurance and joined the scheme on 26.09.2011.  Its maturity date was September 2014.  She paid Rs.250/- per month for 3 years.  The complainant paid a total amount of Rs.9,000/- in 36 monthly instalments to opposite parties.  The complainant approached the opposite party for getting back the maturity amount Rs.10,000/-.   1^st and 4^th opposite parties are Directors and 2^nd and 3^rd opposite parties are Executive Directors of the opposite party’s firm.  The opposite parties had various deposit schemes such as chitty fund, loan scheme, F.D, Doubling non-cumulative scheme, Sastha Samurthi, Sourakshika etc.  The opposite parties approached the complainant and explained about this scheme and compelled the complainant to join the scheme.  But the opposite parties did not returned the amount so far in spite of the opposite parties assurance to pay the same.  The non-payment of the amount caused financial loss and mental agony to the complainant and the opposite parties are liable to the complainant for the same.  The above said act of the opposite parties is a clear deficiency in service.  Hence this complaint for the realization of Rs.10,000/- as per the maturity amount along with compensation of Rs.15,000/- for the mental agony, financial loss etc.

                   3. This Forum entertained the complaint and issued notice to opposite parties for appearance.  All the opposite parties are not appeared hence this Forum set exparte against the opposite parties on 18.01.2017.

                   4. On the basis of the pleadings of the complainant, the Points to be considered are:

(1) whether the complaint can be allowable?

(2) Regarding relief and cost?

                   5. The evidence of this complaint consists of the proof affidavit of the complainant and Exts.A1 to A5.  After closure of evidence, complainant was heard.

                   6. Point Nos. 1 & 2:-  For the sake of convenience, we would like to consider Point No.1 and 2 together.  The complainant’s case is that the amount deposited by the complainant with the opposite parties as under the ‘Sourakshika’ deposit scheme is not refunded so far.  The opposite parties are liable to pay the said amount Rs.15,000/- to the complainant.

                   7. In order to prove the case of the complainant, the complainant’s power of attorney holder had filed a proof affidavit in lieu of his chief examination along with 5 documents.  On the basis of the proof affidavit, he was examined as PW1 and the documents produced are marked as Exts.A1 to A4.  Ext.A1 is the power of attorney in favour of PW1.  Ext.A2 is the copy of FIR dated 02.02.2015.  Ext.A3 series (19 numbers) are the photocopies of the pay in slips issued by the opposite parties.  Ext.A4 is the copy of the receipt dated 26.09.2014 issued by the opposite party showing the remittance of 36^th instalment. 

                   8. On the basis of the evidence adduced by the complainant, it is seen that the complainant had paid a total amount of Rs.9,000/- to the opposite parties and it is evident from Ext.A2 series pay in slips.  Since the opposite parties are exparte, we find no reason to disbelieve the allegations of the complainant.  Hence the complainant’s case stands proved as unchallenged.  Therefore, we find that the opposite parties are liable to the complainant in this transaction and the non-payment of the amounts due to the complainant by the opposite parties is a clear deficiency in service.  The complainant has stated his complaint that he had undergone several mental agony and financial loss.  Hence this complaint is allowable.

                   9. In the result, this complaint is allowed, thereby the opposite parties are directed to return the maturity amount of Rs.10,000/- (Rupees Ten Thousand only) with 12% interest per annum from the date of filing of this complaint along with Rs.5,000/- (Rupees Five Thousand only) as compensation and cost to the complainant within 30 days of receipt of a copy of this order, failing which the complainant is allowed to realize the whole amount ordered herein above with 12% interest per annum from today till the realization of the whole amount.

                   Declared in the Open Forum on this the 28^th day of April, 2017.                                                                                                               

                                                                                                  (Sd/-)

                                                                                          Sheela Jacob,

                                                                                             (Member)

Sri. P. Satheesh Chandran Nair (President)    :    (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Antony Abraham

Exhibits marked on the side of the complainant:

A1 :  Copy of Power of attorney. 

A2 : Copy of FIR dated 02.02.2015. 

A3 series (19 numbers) :  Photocopies of the pay in slips issued

                                       by the opposite parties. 

A4 :  Copy of the receipt dated 26.09.2014 issued by the opposite party. 

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:  Nil.

                                                                                               (By Order)

Copy to:- (1) Mini John, Kozhiyadiyil House, Thukalaserry.P.O.,

                    Thiruvalla.P.O.

               (2) Vrinda Rajesh, Kulangara House,

          Thirunakkara. P.O., Kottayam – 686 001.

3. Rajeev. K.N, Kulangara House, Thirunakkara.P.O.,

          Kottayam – 686 001.

4. Sandhya K.V,  Kunnathuparambu,

         Chakkaraparampu, Thammanam. P.O.,

         Kochi – 682 032. 

5. George Vazhappally Thomas, Vazhappally House,

          Vasantha Nagar, Elthuruth. P.O.,

          Trissur – 680 611.

6. The stock File.