By: Sri Mohandasan K., President
Complaint submit as follows: -
1. The first opposite party approached the complainant during the year 2021, January and claimed that he is the agent of the second opposite party and if the complainant deposit Rs.1,00,000/- with the second opposite party, he will get better financial benefit in future. The first opposite party approached the complainant several times at his residence and informed that the complainant can withdraw the amount at any time whenever he needs. The complainant enticed by the words of first opposite party and thus deposited Rs.1,00,000/- with the opposite party along with tax amount of Rs. 4,750/-. The complainant issued cheque for the said amount in favor of the second opposite party. But it was later come to the knowledge of the complainant that the amount collected was towards insurance scheme. The fourth opposite party sent a message to the complainant stating that “generated successfully” dated 22/01/2021. Thereafter the opposite parties issued a policy schedule to the complainant through post. On verification of the document it was revealed the name of life assured was his son Mr. Midhun .P.K, the complainant submit that the said act was done without the consent and knowledge of the complainant and the attempt of the opposite parties were to collect commission and it was an ill motived act from the side of opposite parties one and three.
2. The complainant financially met with difficulties during the Covid 19 pandemic and he was undergone treatment for the Covid 19. So he was constrained to claim the deposited amount from the opposite parties. But the opposite parties did not heed to the claim of complainant. The opposite parties willfully dragged the request of the complainant raising various technical reasons. The complainant contacted the third opposite party Mr. Sarath directly at the office Calicut and also his residence at Naduvath. The third opposite party had assured that the complainant will be issued the deposited amount and he is prepared to assist the complainant. But later he also dragged the issue without giving the deposited money and finally evaded from the liability.
3. The complainant alleges the act of the opposite party is a willful one and which amounts unfair trade practice and deficiency in service as per Consumer Protection Act 2019. The complainant suffered financial loss and also hardship and inconvenience. Hence the complainant prayer for the refund of the amount deposited Rs.10,4750/- along with compensation of Rs.1,00,000/- on account of financial loss and mental agony sustained to the complainant, and also a cost of Rs.10,000/-.
4. On admission of the complaint notice was issued to the opposite parties and the notice were served to the opposite parties duly. None of the opposite parties filed vision before the commission. The second and third opposite parties filed memo of appearance on 19/10/2022, but meanwhile the statutory period for filing version had expired. Hence opposite parties set exparte.
5. The complainant filed affidavit and documents in lieu of evidence. Documents marked as Ext. A1 and A2. Ext. A1 is copy of message issued by the fourth opposite party to the complainant. Ext. A2 is copy of policy schedule. There is no contra evidence from the side of opposite parties. In the absence of contra evidence from the side opposite parties the case of complainant stands proved through the affidavit and documents. Hence we allow the complaint as follows:-
1) The opposite parties are directed to refund 1,04,750/- to the complainant,
the amount received from the complainant as per Ext. A1.
2). The opposite parties are directed to pay Rs.50,000/- as compensation on
account of unfair trade practice and deficiency in service from the side of
opposite parties.
3). The opposite parties directed to pay Rs.5,000/- to the complainant as cost
of the proceedings.
The opposite parties shall comply this order within one month form the date of receipt of copy of this order, failing which the complainant is entitled interest for the above said entire amount at the rate 12% per annum form the date of order till date of payment .
Dated this 8th day of February, 2023.
Mohandasan K., President
Preethi Sivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 and A2
Ext.A1: Copy of message issued by the fourth opposite party to the complainant.
Ext.A2: Copy of policy schedule
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
Preethi Sivaraman C., Member
Mohamed Ismayil C.V., Member
VPH
