By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of Consumer Protection Act for an Order directing the opposite parties to pay Rs.6,750/- with 12% interest from 09.05.2009 till payment and also to pay Rs.20,000/- as cost and compensation to the complainant.
2. Brief of the complaint:- The complainant due to the instigation of opposite party No.2 and 3 joined in opposite party No.1's company as a share holder on 09.05.2009 by depositing Rs.6,750/-. The opposite party No.1 company allotted share certificate and 11 privilege cards for Rs.750/- and discount vouchers for Rs.5,500/- to the complainant. The opposite parties promised the complainant that the opposite parties are going to start a supermarket at Sulthan Bathery and the complainant can purchase grocery items in discount by using the discount cards. But as promised the opposite parties never started a super market at Bathery and cheated the complainant. Aggrieved by this the complaint is filed.
3. On receipt of complaint, notices were issued to opposite parties and opposite parties No.1 and 2 appeared before the Forum and filed version. Opposite party No.3 not appeared and not filed version hence opposite party No.3 is set ex-parte. In the version, opposite party No.1 contented that the opposite party have no agents in Wayanad District named Pradheesh Chacko and Pradeep. The relationship between the complainant and opposite party No.1 is share holder and company relationship. The opposite party No.1 company is a registered company under Companies Act 1956. As per companies Act, an individual share holders cannot claim for refund of capital contributed by them. The opposite party No.1 company also admitted that the complainant is a share holder of the company and the company issued 11 privilege cards worth Rs.750/- and discount vouchers worth Rs.5,500/- to the complainant. The opposite party No.1 company is facing some legal issues and the opposite party No.1 company is trying for a settlement of all claims. There is no deficiency of service from the part of opposite party No.1.
4. In the version, opposite party No.2 stated that opposite party No.2 did not make any transaction with the complainant and opposite party No.2 is an unnecessary party. Opposite party No.2 denied all the material allegations in the complaint.
5. On perusal of complaint, version and documents, Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite parties?
2. Relief and cost.
6. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 and Ext.A2. Opposite party No.1 and 2 not adduced any oral evidence. Ext.A1 series are the Receipts issued by opposite party No.1 company to the complainant on receipt of deposit amounts. Ext.A2 is the profile of opposite party No.1 company. Opposite party No.1 admitted that the complainant deposited Rs.6,750/- in opposite party No.1 company and the opposite party No.1 company allotted shares and issued share certificate. The opposite party No.1 company also issued 11 privilege cards worth Rs.750/- and discount vouchers worth Rs.5,500/- to the complainant. As per companies Act, an individual share holder cannot claim for refund share capital contributed by them. But the complainant is entitled to get the value of 11 privilege cards worth Rs.750/- and discount vouchers worth Rs.5,500/- from opposite party No.1. Opposite party No.1 company did not start supermarket in Sulthan Bathery. So by analyzing the entire evidences, the Forum found that there is deficiency of service and unfair trade practice from the part of opposite parties. The Point No.1 is found accordingly.
7. Point No.2:- Since Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite parties are directed to pay Rs.750/- being the value of 11 privilege cards and Rs.5,500/- being the value of discount voucher to the complainant with 12% interest from 09.05.2009 till payment. The opposite parties are also directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings. The opposite parties shall comply the Order jointly and severally within 30 days from the date of receipt of this Order, failing which the complainant is entitled for interest at the rate of 12% for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 26th day of June 2015.
Date of Filing:04.10.2014. PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Ealiamma. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1(1). Copy of Receipt. Dt:31.01.2009.
A1(2). Copy of Receipt. Dt:09.05.2009.
A1(3). Copy of Receipt. Dt:31.01.2009.
A1(4). Copy of Receipt. Dt:09.05.2009.
A2. Profile of opposite party No.1.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
