IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 29th day of March, 2016
Filed on 31.12.2011
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.428/2011
between
Complainants:- Opposite Parties:-
1. Sri. T.P. Jaisis 1. Sree Munnodi Devaswom
Ramanadhanparambil Manaveseva Trust, Kanjiramchira
Kattoor P.O. Alappuzha
Alappuzha Represented by its President
Sri.T.G.Shaji
2. Nirmal R. Chandran -do- 2. Sri.T.G.Shaji, President, Sree Munnodi Devaswom
3. Neethi. R. Chandran -do- Manavaseva Trust
(By Adv. S. Sulfikar) Kanjiramchira, Alappuzha
3. Sri.P.B.Girish, Secretary
Sree Munnodi Devaswom Manavaseva Trust
Kanjiramchira, Alappuzha
4. P.C. Jyothi, Treasurer
Sree Munnodi Devaswom Manavaseva Trust
Kanjiramchira, Alappuzha
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 an order on 31.03.2012 allowing the complaint. Since there was no detailed order, Hon’ble State Commission suomoto 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.
2. The brief facts of the allegations of the complainant are as follows:-
As per the assurance given by the opposite parties, the complainants had deposited a total amount of Rs.1,85,000/- with the opposite parties on different dates. At the time of the deposit of said amount the opposite parties issued Pass Books to them and the opposite parties had given interest on the deposited amount to the complainants till 26.02.2007. Thereafter, the complainants had requested the opposite parties to return the deposited amount together with interest, in order to meet their urgent needs, the opposite parties have not returned the deposit amount with interest to the complainant. Hence they had filed this complaint seeking relief.
2. Notices issued to the opposite parties were returned with the endorsement ‘unclaimed’. Considering the absence of the opposite parties they were declared as ex-parte by this Forum on 15.02.2012.
3. Considering the allegations of the complainants, this Forum has raised the following issues:-
1) Whether the complainants are entitled to get back the deposited amount with interest?
2) Compensation and costs.
4. The first complainant filed proof affidavit in behalf of the second and third complainants. The documents produced were marked as Exts.A1 to A3. Exts.A1 to A3 are the passbooks issued to the complainants at the time of the deposit.
5. On perusal of the proof affidavit and documents produced by the complainants, it can be seen that on the basis of the assurance given by the opposite parties, the complainants had deposited a total sum of Rs.1,85,000/- and they had paid interest till 26.2.2007. Since the complainants had in urgent needs of money they had requested the opposite parties to return the deposited amount of Rs.1,85,000/- with interest. But the opposite parties have not cared to return the amount. The complainants had deposited the said amount, on the basis of the assurance given by the opposite parties to return the amount in time. But the opposite parties evaded from the assurance and cheated the complainants by way of denial of repayment of the said amount. It shows the grossest deficiency in service and culpable negligence on the part of the opposite parties. It is to be noticed that the opposite parties have not appeared before this Forum to explain the reasons for denial of the deposited amount to the complainants. It shows the irresponsible attitude of the opposite parties in this financial matter. Since there is grossest deficiency in service and culpable negligence on the part of the opposite parties, the complainants are fully entitled to get compensation and cost, along with the return of the deposited amount of Rs.1,85,000/- with interest. The action on the part of the opposite parties is highly illegal and arbitrary. We have fully convinced that the allegations put forward by the complainants against the opposite parties and it is to be treated as genuine. So the complaint is to be allowed as prayed for. All the issues are found in favour of the complainants.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs.1,85,000/- (Rupees one lakh and eight five only) to the complainants along with 12% interest from 27.02.2007 to till the date of repayment of the entire amount, together with the compensation amount of Rs.1,000/- (Rupees one thousand only) for their mental agony, sufferings, loss, inconvenience and physical strain of the complainant due to the dereliction of duty, grossest deficiency in service and culpable negligence on the part of the opposite parties by way of denial of the release of the deposited amount together with interest to the complainants in time and pay a sum of Rs. 1,000/- (Rupees one thousand only) as cost of this proceedings. We further direct the opposite parties to pay the said amounts within 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 29th day of February, 2016.
Sd/- Sri.Antony Xavier (Member) :
Sd/- Smt.Elizabeth George (President) :
Sd/- Smt. Jasmine. D. (Member) :
Appendix:-
Evidence of the complainant:-
Exts. A1 to A3 - Original pass books (3 Nos.)
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
