Smt. Sheela Jacob (Member):
The complainant has filed the complaint against the opposite parties for getting a relief from the Forum.
2. The grievance of the complainant in brief is as follows: The complainant is a teacher in St. Theresas BC HSS Chengaroor. The 1st and 4th opposite parties are Directors and 2nd and 3rd opposite parties are Executive Directors of the opposite party’s firm. The opposite parties had various deposit schemes such as chitty fund, loan scheme, F.D.Doubling non-cumulative scheme, Satha Samarthi, Sourakshika etc. The opposite parties approached the complainant and explained about this scheme and compelled the complainant to join the scheme. The complainant believed the assurance and joined the scheme of Satha Samarthi and Fixed Deposit doubling scheme. The complainant joint the Satha Samarthi scheme and paid Rs.7,875/- on 16/09/2011 and Rs.8,400/- on 17/07/2013. In the addition to the above amount she also deposited Rs.15,000/- for a five year Doubling scheme on 17/05/2012. Its maturity date was on 17/05/2017. The complainant approached the opposite party for getting back the maturity amount of Rs. 46,275/- along with interest. But the opposite parties did not returned the amount so far in spite of the opposite parties assurance to pay the same. The non-payment of the amount caused financial loss and mental agony to the complainant and the opposite parties are liable to the complainant for the same. The above said act of the opposite parties is a clear deficiency in service. Hence this complaint for the realization of Rs.46,275/- along with the interest as per the maturity amount and along with compensation of Rs.50,000/- for the mental agony, financial loss etc.
3. This Forum entertained the complaint and issued notice to opposite parties for appearance. All the opposite parties are not appeared hence this Forum set ex parte against the opposite parties on 24/04/2018, 21/11/2017 and 25/10/2017.
4. On the basis of the pleadings of the complainant, the Points to be considered are:
(1) Whether the complaint can be allowable?
(2) Regarding relief and cost?
5. The evidence of this complaint consists of the proof affidavit filed by the complainant and Ext.A1 & A4. After closure of evidence, complainant was heard.
- Point No. 1 & 2:- For the sake of convenience, we would like to consider Point No.1 and 2 together. The complainant’s case is that the amounts deposited by the complainant with the opposite parties as under the ‘Satha Samarthi and Doubling Scheme’ are not refunded so far. The opposite parties are liable to pay the said amount of Rs.46,275/- along with interest to the complainant.
- In order to prove the case of the complainant the complainant had filed a proof affidavit in lieu of her chief examination along with 4 documents. On the basis of the proof affidavit, she was examined as PW1 and the documents are marked as Ext. A1 & Ext.A4. Ext.A1 is the copy of the FIR dated 02/02/2015. Ext.A2 is the photo copy of the pay slip dated 16/09/2011 issued by the opposite parties. Ext.A3 is the copy of the pay in slip dated 17/05/2012 issued by the opposite parties. Ext.A4 is the copy of the pay in slip dated 17/07/2013 issued by the opposite parties.
- On the basis of the evidence adduced by the complainant, it is seen that the complainant had paid Rs.46,275/- to the opposite parties and it is evident from Ext.A2 to Ext. A4 pay in slips. Since the opposite parties are ex parte the evidence adduced by the complainant in this case is unchallengeable. Therefore, we find that the opposite parties are liable to the complainant in this transaction and the non-payment of the amounts due to the complainant by the opposite parties is a clear deficiency in service on their part. The complainant has stated her complaint that she had undergone several mental agony and financial loss. Hence this complaint is allowable and Point No.1 & 2 found in favour of the complainant.
- In the result, this complaint is allowed, thereby the opposite parties are directed to return the maturity amount of Rs.30,000/- (Rupees Thirty Thousand only) and as per the Doubling Scheme as per Ext.A3 pay in slip and Rs.16,275/- (Rupees Sixteen Thousand Two Hundred and Seventy Five Only) as per the Satha Samarthi Scheme as per Ext.A2 & Ext.A4 pay in slip with interest of Rs.10,000/- (Ten Thousand Only) and 12% interest per annum from the date of filing of this complaint along with Rs.11,000/- (Rupees Eleven Thousand only) as compensation and cost to the complainant within 30 days of receipt of a copy of this order, failing which the complainant is allowed to realize the whole amount ordered herein above with 12% interest per annum from today till the realization of the whole amount.
Declared in the Open Forum on this the 30th day of May, 2018.
(Sd/-)
Sheela Jacob,
(Member)
Sri. P. Satheesh Chandran Nair (President): (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Elizabeth Mathew
Exhibits marked on the side of the complainant:
A1 : FIR Copy dated 02/02/2015.
A2 : Photo copy of the pay slip dated 16/09/2011.
A3 : Copy of the pay in slip dated 17/05/2012.
A4 : Copy of the pay in slip dated 17/07/2013
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant: Nil.
(By Order)
(2) Vrinda Rajesh, Kulangara House,
Thirunakkara. P.O., Kottayam – 686 001.
- Rajeev. K.N, Kulangara House, Thirunakkara.P.O.,
Kottayam – 686 001.
- Sandhya K.V, Kunnathuparambu,
Chakkaraparampu, Thammanam. P.O.,
Kochi – 682 032.
- George Vazhappally Thomas, Vazhappally House,
Vasantha Nagar, Elthuruth. P.O.,
Trissur – 680 611.
- The stock File.
