By Smt. Padmini Sudheesh, President:
All the complaints are filed against the respondents for realization of deposit amount with the first respondent Samajam. The case of complainant in CC.152/10 is that the complainant is a consumer of first respondent firm and deposited Rs.1,25,000/- with the first respondent with interest at the rate of 12% per annum vide deposite receipt. The said amount had deposited for a period of one year and the deposit had got matured on 28.8.09. The maturity value of the deposit is Rs.1,40,000/-. On maturity the complainant demanded back the amount but not returned. Hence the complaint.
2. The counter averments of respondents-1 to 3, 6 and 8 are that these respondents never made any demand from the complainant to deposit the amount at first respondent Samajam. The enquiry made by these respondents revealed that the then manager of the first respondent Samajam had accepted certain deposits from certain parties for his personal use and issued fixed deposit receipts of Samajam. When the said facts were came into the knowledge of these respondents they directed the manager Sri. Devadas to convene the managing committee meeting and to present the accounts before the committee. Immediately he submitted a resignation letter to the clerk of Samajam and committed suicide. The deposits received by him were used for his personal gain and not for the use of Samajam. The practice prevailed in the Samajam was to issue fixed deposit receipts signed by the secretary and president of the Samajam for the amounts received. These respondents are not liable to return any amounts received by the manager without their knowledge. So these respondents are not liable to pay any amount. The samajam is a soceity registered as per the Travancore-Cochin Literary and Scientific and Charitable Societies Registration Act 1955. So the respondents are not individually liable for the liabilities of the samajam as per the provisions of the said Act. Hence dismiss.
3. The counter averments of respondents-4, 5 and 7 are that these respondents are not aware of the deposit made by complainant. There is no amount received by these respondents. So the complainant is not entitled to get any amount from these respondents. Hence dismiss.
4. All the other cases are filed to get back the deposit amount and the counter averments are self same in all the cases. So those facts are not repeating again and again.
5. CC.248/10 is filed to get back the amount paid in the Mega Soubhagya bumber bhagyamela. Passbooks are produced and marked as Exts. P1 series.
6. The common points for consideration are that:
(1) Whether the complainants are entitled to get back the
deposit amount?
(2) Other reliefs and costs.
7. In all the cases the fixed deposit receipts are marked on the part of complainants and copy of registration certificate of respondent Samajam is marked as Ext. R1 in every case on the part of respondents-1 to 3, 6 and 8.
8. Points: All the complaints are filed against the respondents who are the Samajam, its secretary and members. All the complainants deposited amounts with the Samajam and the Samajam had issued receipts. By these complaints the complainants are wanted to get back the deposit amount with interest. The respondents-1 to 3, 6 and 8 taken the contention that the manager of samajam Sri. Devadas received deposit amounts from the complainants and were used for his personal gain and not for the use of Samajam. He committed suicide also. So these respondents would say that they are not liable to return any amount. Copy of registration certificate is also produced by them to show that the samajam is registered as per the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act. They have produced it to show that they are not individually liable for the liabilities of samajam. As per the deposit receipts issued by first respondent samajam it can be seen that the samajam itself have accepted receipts from the complainants. Whether it was accepted by Devadas or not is unconcerned with the deposit holders. The deposit receipts would show that the manager had signed in every receipt for and on behalf of Vadakkummuri Sree Subramanya Samajam. So, all the respondents are liable to return the deposit amounts with interest.
9. In CC.204/10 the complainant is examined as PW1 and the receipt is marked as Ext. P1. According to him interest was obtained upto 6/08 and after that there is no payment. It is the case of some of the respondents that one Devadas who was the manager accepted these deposit amounts and used for his own personal gain. But during cross examination PW1 deposed that he doesn’t know the name of secretary and one Unnikrishnan was the president. The name of manager is not stated by him and is not suggested during cross examination. There is nothing more to discuss and the respondents are liable to return the deposit amounts. They can reduce the interest already given to complainants.
10. In CC.255/10 the complainant produced receipt and is marked as Ext. P1. It is stated the due date as 18.6.05. The liability acknowledged on 18.6.06. So the complaint should file within two years from 18.6.06. But the complaint is filed only on 24.5.2010 i.e. after the limitation period prescribed under Consumer Protection Act. When due date is prescribed the cause of action will arise from the due date. In this case there is acknowledgement of liability also and the cause of action had arisen on 18.6.06. The complaint is filed after the limitation period and so the complainant is not entitled to get any amount because the claim is barred by limitation. So CC.255/10 is liable to be dismissed.
11. In the result all the complaints except CC.255/10 are allowed and the respondents are directed to return the fixed deposit amounts with interest at the rate of 12% per annum from the date of deposit till realization with costs Rs.500/- (Rupees five hundred) each to all complainants within two months from the date of receipt of copy of this order. The interest amount already given to complainants is bound to reduce from the total amount.
12. In CC.248/10 the respondents are directed to return Rs.23,100/- with interest at the rate of 9% per annum from the date of complaint i.e. 18.5.10 till realization. CC.255/10 stands dismissed as barred by limitation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 16th day of July 2013.
