DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 25th day of August 2023.
Filed on: 05/06/2018
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C.C. No 238/ 2018
Complainant
T.G.Ambross, S/o.George, Thottunkkara House, Ezhikkara, Pin-683 513
(By Adv.Bama G.Nair)
Vs.
Opposite parties
- President, Donbosco Marana Sahaya Sangham, Donbosco Church, Rep. by President Donbosco Church, Perumbadanna, North Paravur, Pin 683 513
- Secretary, Donbosco Marana Sahaya Sangham, Donbosco Church, Perumbadanna, North Paravur, Pin 683 513
- Fr.Jackson Valiyaparambil, Donbosco Church, Perumbadanna, North Paravur-683 513
F I N A L O R D E R
D.B.Binu, President
- A brief statement of facts of this complaint is as stated below:
The complaint was filed under section 12 (1) of the Consumer Protection Act,1986. The brief facts, as averred in the complaint, are that the complainant's father, Ousephkutty George, was a member of the 1st opposite party Sangham with membership number 72/183. He passed away on October 17, 2015, at the age of 84. Over a period of 15 years, the complainant had made payments to the 1st opposite party. According to Rule 14 of the Sangham's bylaws, members are required to make payments for 15 years, and after their death, the amount is to be given to the member's next of kin.
Following the complainant's father's death, the complainant sought to claim the money invested in the 1st opposite party. The complainant submitted an application to the 1st opposite party, but the 1st and 2nd opposite parties refused to accept the application. The complainant then directly submitted letters to the 2nd opposite party and the Chancellor at Bishop House, detailing the situation and requesting the release of the invested amount. However, these letters were rejected, and the complainant faced insults from the authorities. These actions by the opposite parties inflicted significant mental distress and suffering upon the complainant.
Despite sending a legal notice to the 1st opposite party, no response was received. The complainant also sent a letter to the 3rd opposite party, again explaining the circumstances and requesting the owed money.
Consequently, the complainant has approached this commission seeking the amount of Rs. 750/- and a compensation of Rs. 25,000/- for the emotional anguish caused by the actions of the opposite parties.
2). Notice
The Commission issued notice to the opposite parties and the opposite parties filed their version.
3). THE VERSION OF THE OPPOSITE PARTY
The complaint alleges that a group known as "Don Bosco Death Relief Society" is not operating within the Paravoor Don Bosco Church as claimed, and the individuals mentioned in the complaint are not associated with this group. The complainant’s claim lacks good faith and a genuine consumer relationship. The complaint is deemed legally barred and falls outside the jurisdiction of the commission for consideration.
The opposite parties refute the statements made in the complaint. They contest the assertion that the complainant’s father, George, was a member of the Sangham and highlight that the current Group has been operational since April 1, 1990, with different leadership. The opposing parties stress that the complainant’s allegations are based on misinformed claims and lack factual accuracy.
The complainant's intention is to cause harm to their reputation and organization deliberately. They claim that the complaint has led to hardships, financial losses, and damage to their well-functioning organization's reputation. Consequently, they seek the dismissal of the complaint and compensatory costs to address the damage caused.
Ultimately, the complaint is dismissed by the commission with compensatory costs awarded to the opposite parties due to the unsubstantiated and damaging nature of the complainant’s claims.
4) . Evidence
The complainant, in this case, has submitted six documents marked as Exhibits A-1 to A-6. The complainant has filed a proof affidavit.
Exhibit A1- passbook issued by the 1st opposite party.
Exhibit A2- The complainant submitted an application to the 1st opposite party.
Exhibit A3- The complainant submitted a letter to the 2nd opposite party.
Exhibit A4- The complainant submitted letter to the Chancellor at Bishop House.
Exhibit A5- The complainant Sent a legal notice to the 1st opposite party.
Exhibit A6-The complainant sent a letter to the 3rd opposite party.
5) The main points to be analysed in this case are as follows:
i) Whether the complaint is maintainable or not?
ii) Whether there is any deficiency in service or unfair trade practice from the side of the opposite party to the complainant?
iii) If so, whether the complainant is entitled to get any relief from the side of the opposite party?
iv) Costs of the proceedings if any?
6) The issues mentioned above are considered together and are answered as follows:
As per Section 2 (1) (d) of the Consumer Protection Act,1986, a consumer is a person who buys any goods or hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment. The complainant produced true copy of the Tax invoice/cash memorandum issued by the third opposite party (Exhibit A-1). This document revealed that the complainant had paid the requisite consideration for the product to the opposite parties. Hence, the complainant is a consumer as defined under the Consumer Protection Act,1986. (Point No. i) goes against the opposite parties.
We heard the learned counsel appearing for the complainant, and she submitted that the opposite parties responded by filing a counter containing false statements. However, their counter did not raise substantial objections. The complainant provided Proof Affidavit and Exhibits A1 to A6 to substantiate the case.
According to Rule 14 of the Sangham's bylaws, members are required to make payments for 15 years, and upon a member's demise, the amount is to be given to their next of kin. Following the father's passing, the complainant rightfully sought the funds from the Sangham, submitting an application (Exhibit A2) for the release of the invested amount. However, the opposite parties rejected the application. The complainant then delivered a letter Exhibit.A3) to the 2nd opposite party and another letter (Exhibit A4) to the Chancellor at Bishop House, requesting the due amount. Regrettably, both letters were declined, and the complainant was subjected to insults by the authorities. These actions caused the complainant considerable emotional pain.
The complainant sent a legal notice (Exhibit A5) to the 1st opposite party, detailing the circumstances and requesting the owed funds, but received no response. The complainant also sent a letter (Exhibit A6) to the 3rd opposite party, outlining the situation and requesting the money. Therefore, it is requested that the commission grant the relief sought by the complainant in light of the presented evidence.
The complainant seeks relief against the opposite parties for alleged deficiency in service and unfair trade practices. The complainant's father, Ousephkutty George, was a member of the 1st opposite party Sangham, and upon his demise, the complainant claims entitlement to the amount invested by the deceased member. The complainant alleges that the opposite parties have refused to release the said amount, resulting in emotional distress and suffering.
The complaint alleges that the complainant's father was a member of the Maranavashya Sangham under the administration of the Don Bosco Parish Council, supervised by the opposite parties. The crucial evidence to substantiate this claim is the original passbook (Exhibit A1). This document indicates that the complainant's father has been making periodic payments to the Maranavashya Sangham since 1955.
The complainant asserts that his father was a member of the Maranavashya Sangham, a group associated with the Don Bosco Parish Council. This membership claim is based on an original passbook (Exhibit A1). This passbook is crucial evidence to establish the membership of the complainant's father.
The complaint also stated in the complaint a new by-law introduced in 1990, placing the vicar of the church in charge of the Sangham management committee. The complainant presents (Exhibit A2), an application form issued by the Sangham, which is endorsed and sealed by the vicar of the church. The vicar attests that the information provided is accurate based on their knowledge and church records.
The vicar of the church testifies as follows: “I hereby certify that the foregoing is true to the best of my knowledge and church records” (മേലെഴുതിയ സംഗതികൾ എന്റെ അറിവിലുംപള്ളി റെക്കാർഡുകളുംഅനുസരിച്ച് ശരിയാണെന്ന് ഇതിനാൽ സാക്ഷ്യപ്പെടുത്തികൊള്ളുന്നു.)
As material evidence, the complainant has submitted an application form (Exhibit A2), which bears the imprimatur of the Maranavashya Sangham itself. This application form, having been endorsed by the vicar of the ecclesiastical establishment, is further embossed with the official seal of the said institution. The attestation of the vicar, in the form of a sworn statement. The vicar of the church provides a testimony confirming the accuracy of the records presented by the complainant. The vicar's statement supports the complainant's claims regarding membership, financial transactions, and the endorsement of the application form.
- The authenticity and credibility of "Exhibit A1" and "Exhibit A2," which serve as documentary evidence of the complainant's father's membership and financial transactions.
- The weight of the vicar's testimony and the credibility of the vicar as a witness, especially in relation to the accuracy of the records and the endorsement of the application form.
After a meticulous and comprehensive review, we have diligently scrutinized the assortment of documents and proof affidavit that have been presented by the complainant to this Commission. In direct contrast, the opposite parties have thus far failed to substantiate their claim that said documents are counterfeit or that the assertions outlined within the complaint hold no veracity.
It is noteworthy that the response from the opposite party merely constitutes a bare assertion that the allegations laid forth in the complaint lack factual basis. Regrettably, the opposite party has refrained from subsequently engaging in any endeavours aimed at substantiating the contentions put forth in their version. Additionally, the opposite party has abstained from participating in the subsequent proceedings before this Commission, effectively forfeiting the opportunity to further address the matter.
The complainant asserts that the opposite parties have failed to release the invested amount, despite the provisions stipulated in Rule 14 of the Sangham's bylaws. This raises a question of whether there has been a deficiency in service on the part of the opposite parties.
Rule 14 of the Sangham's bylaws, as mentioned in the complaint, obligates the Sangham to provide the invested amount to the next of kin upon a member's demise. The complainant has submitted a series of communications (Exhibits A2, A3, A4, A5, and A6) demonstrating diligent efforts to claim the rightful amount. The actions of the opposite parties in rejecting these communications and failing to respond adequately indicate a potential deficiency in service. This, coupled with the alleged emotional distress caused to the complainant, raises concerns over the fairness of the trade practices employed by the opposite parties.
It is a profound responsibility for a son to honour his father's memory through religious posthumous rites. Equally significant is adhering to the father's wishes in performing these rites. The father's consideration not to burden loved ones, even his own family, with the expenses associated with these rites is evident. He had taken the initiative to collect the necessary funds and entrusted them to the church authorities overseeing the matter. The driving force behind presenting this complaint before the Commission was the son's poignant realization that he couldn't fulfill his father's intentions regarding the funds. Emerging triumphant in this legal endeavour is not merely a personal victory; it embodies the son's deep reverence, a tribute to his father's soul.
In view of the above facts and circumstances of the case, we are of the opinion that the opposite parties are liable to compensate the complainant.
Hence the prayer is partly allowed as follows:
- The Opposite Parties shall pay Rs. 750/- to the complainant towards the amount invested with the Opposite Parties.
- The Opposite Parties shall pay Rs. 20,000/- as compensation for the mental agony and physical hardships suffered by the complainant.
- The Opposite Parties shall also pay the complainant Rs. 5,000/- towards the cost of the proceedings.
The Opposite Parties shall be jointly and severally liable for the above-mentioned directions, which shall be complied with by the Opposite Parties within 30 days from the date of the receipt of a copy of this order. Failure to do so shall result in the amount ordered vide (i) and (ii) above attracting interest @9% from the date of the application submitted by the complainant till realization.
Pronounced in the open Commission on this the 25th day of August, 2023.
Top of Form
Sd/-
D.B.Binu, President
Sd/- V.Ramachandran, Member
Sd/-
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
Appendix
Complainant’s Evidence
Exhibits A-1 to A-6. The complainant has filed a proof affidavit.
Exhibit A1- passbook issued by the 1st opposite party.
Exhibit A2- The complainant submitted an application to the 1st opposite party.
Exhibit A3- The complainant submitted a letter to the 2nd opposite party.
Exhibit A4- The complainant submitted letter to the Chancellor at Bishop House.
Exhibit A5- The complainant Sent a legal notice to the 1st opposite party.
Exhibit A6-The complainant sent a letter to the 3rd opposite party.
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uk
Despatch Date
By hand/By post
CC No. 238/2018
Order dated: 25/08/2023
