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 businessman. The 1st and 4th opposite parties are Directors and 2nd and 3rd 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. The complainant joined the scheme and paid Rs.1,000/- per month. He paid a total amount of Rs.28,000/- in 28 monthly instalments for the scheme. Thereafter the complainant has got some information about the opposite parties that the firm is not functioning as per the norms of the Govt. So the complainant decided to stop the subscription. The complainant approached the opposite parties for getting back the money before maturity. But the opposite parties did not return 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.28,000/- as per the subscription amount along with compensation of Rs.25,000/- 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 allowed or not?
(2) Regarding relief and cost?
5. The evidence of this complaint consists of the proof affidavit filed by the power of attorney holder on behalf of the complainant and Exts.A1 to A3. 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 . The said amount has not been refunded so far. The opposite parties are liable to pay the said amount of Rs.28,000/- to the complainant.
7. In order to prove the case of the complainant, the complainant’s Power of attorney holder Sri. Antony Abraham filed a proof affidavit in lieu of his chief examination along with 3 documents. On the basis of the proof affidavit, he was examined as PW1 and the documents produced are marked as Exts.A1 to A3. Ext.A1 is the original of the power of attorney executed by the complainant. Ext.A2 is the copy of the FIR dated 02.02.2015. Ext.A3 series (10 numbers) are the photocopies of the pay in slips issued by the opposite parties.
8. On the basis of the evidence adduced by PW1, it is seen that the complainant had paid a total amount of Rs.28,000/- to the opposite parties and it is evident from Ext.A3 series pay in slips. Since the opposite parties are exparte, we find no reason to disbelieve the case 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 are a clear deficiency in service. PW1 further deposed that he had undergone several mental agony and financial loss due to the act of the opposite parties. Hence this complaint is allowable.
9. In the result, this complaint is allowed, thereby the opposite parties are directed to return the subscription amount of Rs.28,000/- (Rupees Twenty Eight Thousand only) (as per the ‘Sourakshika’ Deposit Scheme as per Ext.A3 series pay in slips) with 12% interest per annum from the date of filing of this complaint along with Rs.7,500/- (Rupees Seven Thousand five hundred 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 28th 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 : Original of the power of attorney executed by the complainant.
A2 : Copy of the FIR dated 02.02.2015.
A3 series (10 numbers) : Photocopies of the pay in slips issued by the
opposite parties.
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant: Nil.
(By Order)
Copy to:- (1) T.C. Cherian, Thanagalathil House, Kadamankulam. P.O.,
Kallooppara Village, Mallappally Taluk,
Pathanamthitta Dist.,
(2) Vrinda Rajesh, Kulangara House,
Thirunakkara. P.O., Kottayam – 686 001.
- Rajeev. K.N, Kulangara House, Thirunakkara.P.O.,
Kottayam – 686 001.
- Sandhya K.V, Kunnathuparambu,
Chakkaraparampu, Thammanam. P.O.,
Kochi – 682 032.
- George Vazhappally Thomas, Vazhappally House,
Vasantha Nagar, Elthuruth. P.O.,
Trissur – 680 611.
- The stock File.
