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IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Saturday, the 29^th day of March, 2014

Filed on 28..01..2013

Present

1)         Smt. Elizabeth George (President)

2)         Sri. Antony Xavier (Member)

3)         Smt. Jasmine D (Member)                      in

 CC/No.51/2013

       Between

 Complainant:                                                                                       Opposite parties:

Â

Sri.Arun Antony                                                           1.         SNDP Sakha Yogum

Kanduvilayil                                                                              Branch No.363          

Naduvattom P.O. Pallippadu                                                    Kakkazham, Neerkunnam

Karthikappally Taluk                                                             TDMC, Alappuzha-5 Rep. by its  Alappuzha by his natural guardian                                        Receiver

Mr.K.F.Antony    -do-

(Adv.C.Parameswaran)                                                2.         Sri.P.G.Babu

                                                                                                (President, SNDP Br. No.363)

Thayankary Veedu

Kopparakkadavu

Kakkazham

            Neerkunnam, Alappuzha-05.

Â

3.         Sri.Bhaskaran

                                                                                                (Secretary, SNDP Br. No.363)

Anavelil House,

Neerkunnam, Alappuzha-05.

 

4.          K.N.Premanandan

Secretary, Ambalappuzha

Taluk SNDP Union

Kidangamparambu

Alappuzha

 

5.         Sri.V.K.Natesan

General Secretary,

Arivipuram, SNDP No.02,

Kollam-01.

                                                                                                (Adv.V.S.Karthikeyan)

 

 

 

O  R  D  E  R

SRI.ANTONY XAVIER (MEMBER)

 

Complainant has filed this complaint before the Forum on 28.01.2013 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:-

   2, The specific assurance of the opposite parties, the complainant had deposited a total sum of Rs.1,00,000/- (Rupees one lakh only)  before the Sakha Yogam on 25.04.2006. The opposite parties issued passbook to the complainant and they had paid interest till 28.08.2006.   Thereafter the opposite parties failed to pay the interest or deposited amount till date, even though he had requested to return the amount.   Since there were no positive steps to return the amount, he filed this complaint seeking relief.

2.  Notices were issued to the opposite parties. But opposite parties 1 to 3 were absent in

the subsequent proceedings of this case. Considering their absence, the opposite parties 1 to 3 were declared as ex parte on 04.04.2013.   4^th and 5^th opposite parties represented. 4^th opposite party filed version.

            3. In the version, the 4^th opposite party had stated that they never entered into any transaction with the complainant.  The 4^th opposite party has never given any consent to any other opposite parties to do money business. More over the SNDP Sakhas have separate assets and liabilities and further contended that 4^st opposite party is not at all liable for the liability incurred by the other opposite parties.    Hence no relief can be sought against the 4^th opposite party.

            4.  Considering all the allegations of the complainant, and contentions of the first opposite party, this Forum has raised the following issues:-

1. Whether there is any deficiency in service and negligence on the part of

the opposite parties in repayment of fixed deposit to the complainant?

1. Whether the complainant is entitled to get compensation and cost from the

            opposite parties?

 

5.  Issues 1 & 2:-

            Complainant has filed proof affidavit in  support of her case and  produced  document in evidence Ext. A1.  Ext. A1 is the original pass book issued by the opposite parties to the complainant at the time of depositing the amount.  It shows that the deposited amount,   interest paid etc.

             6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties,   the complainant had deposited the amount in the Sakha Yogam administered by the opposite parties 1 to 3. The opposite parties had paid interest to the depositor for a certain period, for the said deposited amount.  Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the deposited amount with interest. But the opposite parties have not shown any effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence by way of refusal to repay the deposited amount with interest to the complainant in time. There is no justification on the part of the opposite parties in retaining the amount with them which is payable to the complainant. The entire action of the opposite parties shows their irresponsible attitude towards this transaction.  The complainant is fully entitled to get back the deposited amounts with interest from the opposite parties. On a perusal of the documents and other details, the first opposite party had no role in this transaction and cannot insist the 4th opposite party to pay the amounts to the complainant.  Since there is deficiency in service and negligence on the part of the opposite parties 1 to 3 by way purposeful denial of repayment of deposit amount and its interest to the complainant in time, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties 1 to 3  are jointly and severely liable for that.  Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant against the opposite parties are highly genuine. So the complaint is to be allowed.   All the issues are found in favour of the complainant.         

 In the result for the interest of justice we may direct the opposite parties 1 to 3 to return the deposited amount of Rs.1,00,000/- (Rupees one lakh only) to the complainant along with 14% interest per annum from 28.09.2006 to till the date of repayment of the entire amount to the complainant and pay a total compensation of Rs.5,000/- (Rupees five thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and unfair trade practice of the opposite parties by way of purposeful refusal to return back the deposited amount and its interest in time to the complainant and further pay a sum of Rs.2,000/- (Rupees two thousand only) as cost of this proceedings .  We further directed the opposite parties 1 to 3 to pay the above said amount to the complainant within 30 days from the date of receipt of this order.

            Pronounced in the Open Forum in this the 29^th day of March, 2014.

Sd/- Smt. Elizabeth George (President)

Sd/- Sri. Antony Xavier (Member)

Sd/- Smt. Jasmine D (Member)

Appendix:

 

Evidence of the complainant:                                                   

Ext. A1  -   Original passbook issued by the opposite party.

Evidence of the opposite parties:  Nil   

-//True Copy//-

By Order,

 

To                                                                                                                   Senior Superintendent.

            Complainant/Opposite parties /SF

 

Typed by: Pg/-

Compd by :