IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

 Monday the 31^st   day of  August, 2015

Filed on 15.05.2015

Present

1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine. D (Member)

in

C.C.No. 150/2015

between

Complainant:-                                                                   Opposite Parties:-

Sri.Sivaprasad                                                            1.        SNDP Sakha Yogam Branch No.363

S/o. Appukuttan Nair                                                            Kakkazham, Neerkunnam                                                       

Prayag (Kuvalayam)                                                             Ambalappuzha, Alappuzha       

 Punnapra, Ambalappuzha                                                                                                     

             2.         Sri.K. Bhaskaran

Secretary, SNDP Sakha Yogam No.363

Kakkazham, Neerkunnam

S/o. Kesavan, Anavelil House

Kakkazham, Neerkunnam

Ambalappuzha, Alappuzha

O R D E R

SRI. ANTONY  XAVIER (MEMBER)

Sri. Sivaprasad has filed this complaint before the Forum on 15.05.2015 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:-   The specific assurance of the opposite parties the  complainant had deposited an amount of Rs.200000/- on different dates.    The opposite parties issued pass book at the time of deposit and paid interest till 29.08.2006.    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 as unclaimed, they set ex-parte

             3. Considering the allegations of the complainant, 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  deposit to the complainant?

2) Whether the complainant is entitled to get compensation and costs from the

               opposite parties?

          5. Issues 1 and 2:- Complainant has filed proof affidavit in support of his case and produced two documents in evidence – Ext.A1 and A2 were marked. Exts. A1 and A2 are  the photo copy of the Pass books issued by the opposite parties to the complainant at the time of depositing the amount.    

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 before the Sakha Yogam administered by the opposite parties.     Since the opposite parties had defaulted the deposit amount, the complainant requested the opposite parties to return the deposited amount with interest. But the opposite parties had 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 amount with interest from the opposite parties. On a perusal of the documents and other details, there is deficiency in service and negligence on the part of the opposite parties 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  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 ends of justice, we hereby direct the opposite parties  to return the deposited  amount of Rs.2,00,000/-  (Rupees two lakhs only) to the complainant along with 12% interest per annum from 29.08.2006 to till the date of repayment of the entire amount  and pay a compensation of Rs.1000/- (Rupees thousand only) to the complainant for his mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service,  culpable negligence and  unfair  trade practice on the part of the opposite parties by way of  purposeful refusal to return back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs.1000/- (Rupees thousand only) as costs of this proceedings.    We further direct the opposite parties to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order.

            Pronounced in open Forum on this the 31^st day of  August, 2015.

                                                                                      Sd/- Sri. Antony Xavier (Member)

                       Sd/- Smt. Elizabaeth George (President)

                                                                                      Sd/- Smt. Jasmine. D (Member)

 Appendix:-

Evidence of the complainant:- 

 Exts. A1 & A2          -          Photo copy of the  Pass Books (2 Nos.)

Evidence of the opposite parties:- Nil

Pr/-

                                                                        // True Copy //

                                                                                                                  By Order

                                                                                                         Senior Superintendent 

To

            Complainant/Opposite parties/SF

Typed by:-pr/-

Compared by:-