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.14,250/- with 12% interest from 15.06.2010 till payment and also directing the Opposite parties to pay Rs.20,000/- as cost and Compensation to the Complainant for the unfair trade practice from the side of Opposite parties.
2. Complaint in brief: The 1st Opposite party is the Managing Director of Bizarre Global Marketing Systems and 2nd and 3rd Opposite parties are the agents of the 1st Opposite Party. The 2nd and 3rd opposite parties on June 2010 approached the Complainant and promised him that the Bizarre marketing systems is doing retail business in and outside Kerala and providing service to the people in Real Estate, Retail marketing and share marketing and to guide them to investments in these items and to get more profit. The Bizarre marketing systems is selling grocery items in low rate though their super markets to those who invest in share market and promised that there are 12 Super markets in Kerala and the company is having 5 plots in Sulthan Bathery and super market will be started there very soon. The 2nd and 3rd Opposite Parties also promised the Complainant that if the Complainant deposit Rs.14,250/- in share market, the 1st Opposite party will give discount voucher for a sum of Rs.5,500/- and the Complainant can purchase grocery item from the super market which is going to be started at Bathery on discount. The balance amount is put in shares at a face value of Rs.1. Due to the promise and instigation of Opposite parties, the Complainant on 15.06.2010 gave Rs.14,250/- to the Opposite Parties. The Opposite parties gave discount voucher for a sum of Rs.5,500/- to the Complainant in the month of November. The Opposite parties promised to send share certificate to the complainant but not send. The Opposite parties did not start super market in Sulthan Bathery and on enquiry, the Opposite Parties stated that they are facing some criminal
cases and they will send the certificate to the Complainant in August 2013. The act of Opposite Parties is nothing but unfair trade practice. Aggrieved by this the complaint is filed.
3. On receipt of complaint notices were issued to Opposite parties and 1st and 2nd Opposite Parties appeared before the Forum and filed version. 3rd Opposite Party is set exparte. In the version of 1st Opposite party, 1st Opposite Party contended that the 1st Opposite Party have agent or employee in Wayanad District by name Pratheesh Chacko and Pradeep who are arrayed as 2nd and 3rd Opposite Parties. The 1st Opposite Party admitted that the company allotted shares to the Complainant and share certificate issued. The Complainant was also allotted 11 privilege cards worth Rs.750/- and discount vouchers for worth Rs.5,500/- (55 cards at the rate of Rs.100 = 5,500/-) The relationship between the Complainant and this respondent is a share holder and company relationship. The company is governed by companies act 1956. The relationship between the share holder and the company can never be constructed as a service provider and a consumer. So Complainant is not a consumer as defined in Consumer Protection Act. Hence there is not deficiency of service from the part of 1st Opposite Party.
4. 2nd Opposite Party filed version and contended that he is in no way connected to the Complainant and no share certificate is issued to anybody. The 2nd Opposite Party is also a share holder of 1st Opposite Party and all other allegations of the complainant against 2nd Opposite party is denied by 2nd Opposite party.
5. On perusal of complaint, version, and documents the Forum raised the following points for consideration.
1. Whether there is deficiency of service 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 to A3. Ext.A2 is 5 in numbers. Opposite Parties not adduced any oral evidence. Ext.A1 is the receipt for the deposit of Rs.14,250/-. Ext.A2 series are the discount vouchers issued by the 1st Opposite party to the Complainant. Ext.A3 is the brochure of the company. The 1st Opposite party admitted the deposit of Rs.14,250/- by the Complainant and 1st Opposite party stated that 1st Opposite party issued share certificate and privilege cards worth Rs.750/- and discount vouchers for a sum of Rs.5,500/- to the Complainant. The 1st Opposite Party company is registered under companies act 1956. As per companies act , there is no provisions in the Act which enables individual share holders to claim refund of capital contributed by them. So the Complainant is not entitled to claim the share amount from 1st Opposite Party. The 1st Opposite Party also admitted that the 1st Opposite Party issued privilege cards worth Rs.750/- to the Complainant. The Forum analysed and found that the Complainant is entitled to get the value of privilege cards and the value of discount vouchers from the Complainant since the 1st Opposite Party not started Super Market at Sulthan Bathery. As per version of 1st Opposite Party, the business of the company is not running now due to some cases pending in court and the company is trying for a settlement in all claims. By analysing the entire evidence, the Forum found that there is deficiency of service and unfair trade practice from the part of Opposite parties. Point No.1 is found accordingly.
7. Point No.2:- Since the 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/- (Rupees Seven hundred and Fifty) only being the value of privilege cards and Rs.5,500/- (Rupees Five thousand Five hundred )only being the value of discount voucher to the Complainant with 12% interest from 15.06.2010 till payment. The Opposite Parties are also directed to pay Rs.5,000/- (Rupees Five thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings. The Opposite parties shall comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest 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 16th 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. Muraleedharan. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Receipt. dt:15.06.2010.
A2 series (5 Nos) Discount Vouchers
A3. Copy of Brouchure.
Exhibits for the opposite Parties.
Nil
