IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015.
Filed on 30..11..2009.
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier, Member
3. Smt. Jasmine.D. Member
in
C.C.No.405/2009
between
Complainant:- Opposite Parties:-
Sri. N.L. Sivan 1. Providence Chitty Fund
Chirayil NikarthEramallur P.O., Cherthala
Ezhupunna South P.O.
Cherthala2.Smt. Kathreena Augustin
Nalampurackal House
Thuravoor P.O.
Cherthala
3. Sri. Sibi Augustin
-do-
4. Sri. Saji Augustin
-do-
5. Sri. Sojan Augustin
-do-
6. Smt. Sony
Thazheth House
Ezhupunna South P.O.
Cherthala
(Adv. Byju K - for O.P. Nos. 2 to 6)
7. Sri. Joyce Antony
Nalampurackal House,
Cherthala
8. Sri.Varghese Antony
-do-
9. Smt.Wilson Antony
Nalampurackal House,
Cherthala
10. Smt. Lissy
-do-
11. Smt. Leena
-do-
12. Smt. Kuttyamma @
Thresiakutty
Koovakkal Veedu
Velliyakulam, Cherthala Taluk
13. Kunjamma @
Rosammakutty,
Indamthuruthil Veedu,
Bund road – Kottarappally
Vaikom Talum, Kottayam
O R D E R
SRI. ANTONY XAVIER (MEMBER)
This is a remanded matter. The case was once heard and the President of the then Forum passed the order on 29.07.2011 allowing the complaint. Since there was no detailed order, Hon’ble State Commission suo motto taken up the matter and remanded the case for hearing for the purpose of passing a speaking order. After remanded, notices were issued to both parties for hearing the matter. Complainants have filed this complaint before the Forum on 30.11.2009 alleging deficiency in service on the part of the opposite parties.
2. The brief facts of the allegations of the complainants are as follows:- Complainants’ case is that the 1st opposite party that carries out chitty in the name and style of Providence Chitty Fund. The opposite parties 2 to 13 are the partners as well as the administration of the said firm. The complainant subscribed chitty with opposite parties bearing Chittal No. 67 in Chitty No. 224 and remitted an amount of Rs.14,000/- (Rupees fourteen thousand only) towards this. The 2 partners of the firms (Sri.Thomas Antony and Sri.Varghese Augustine) expired, other opposite parties assumed the charge of this Firm. All of a sudden the opposite parties have stopped the entire business transaction and closed down the office without making refund the deposited amount of Rs.14,000/- to the complainant. There is deficiency of service on the part of the opposite parties. The complainants sustained immeasurable mental agony. Aggrieved on this the complainants approached this Forum.
3. Notice issued to the opposite parties. Opposite 2 to 6 filed version. The version of the opposite parties 2 to 6 are as follows:-
The opposite parties 2 to 6 never participated in the business of this firm. The opposite parties were not personally liable to make any payments. They have no knowledge about the deposit made by the complainants. They were not partners of the firm.
4. Power of attorney holder of the complainant filed proof affidavit and produced 1 document marked as Exts.A1 is the original chitty passbook of the complainant.
5. Bearing in mind, the contentions of the complainant the sole question arises for consideration are whether the complainant entitled to the relief sought for?
6. We carefully perused the materials placed before us. We went through the document produced by the complainant. The complainants’ case stands well substantiated by the evidence put on record by the complainants. As we have already observed, the opposite parties did not make it a point to turn up before this Forum. Needless to say the case of the complainants stands un-assailed. We hold that the complainants are entitled to the relief sought for.
In the result, the complaint is allowed. The opposite parties are directed to return the deposited amount of Rs.14,000/- (Rupees fourteen thousand only) with interest @ 12% per Annum from the date of complaint before this Forum till the repayment of the entire amount to the complainant. The opposite parties are further directed to pay an amount of Rs.1,000/- (Rupees one thousand only) towards cost of this proceedings to the complainants. No further amount is allowed towards compensation. We further clarify that the liability of the opposite parties 2 to 13 are limited only to the value of properties inherited by them from the deceased partners named Sri.Thomas Antony and Sri.Varghese Augustine and the complainant is at liberty to proceed against the assets of the opposite parties 2 to 13 for the realization of the above amount with above limitation. The order shall be complied within one month from the date of receipt of this order.
Pronounced in Open Forum on this the 30th day of September, 2015
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Smt. Jasmine D (Member)
APPENDIX:-
Evidence of the complainant:
Ext.A1 - Original passbook of chitty No. 224
Evidence of the opposite parties: Nil.
-//True copy//-
By Order,
Senior Superintendent.
Typed by: Pr/-
Compd. By:
