By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to pay Rs.19,750/- with 12% interest from 04.01.2011 till payment and also to pay Rs.20,000/- as cost and compensation.
2. Brief of the complaint:- The complainant joined as a share holder in opposite parties company on the instigation of opposite party No.1 and 3 on 13.11.2010 and paid Rs.11,000/- and on 28.12.2010 paid Rs.8,750/- to the 1st opposite party. The opposite party No.1 company issued discount vouchers of Rs.11,000/- to the complainant. But not given share certificate. The opposite parties promised that they will start a super market in Sulthan Bathery and the complainant can purchase things at a discount rate by using the discount cards. But opposite parties not started super market in Sulthan Bathery. In August 2013, the opposite party No.2 and 3 called the complainant and directed to sell the Chinese products which are imported by Aallegiance Biz Private Limited. The opposite parties cheated the complainant and the act of opposite parties are unfair trade practice. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notices were issued to opposite parties and opposite party No.1 and 2 appeared before the Forum and filed version. Opposite party No.3 not appeared and opposite party No.3 is set ex-parte. In the version, opposite party No.1 contented that the complainant is not a consumer. The relationships between the complainant and the opposite party No.1 is a company and share holder relationship. It is governed by Companies Act. As per Companies Act, an individual share holder cannot claim for refund of share capital contributed by them. The opposite party No.1 company issued discount vouchers worth Rs.11,000/- to the complainant. Now the company is facing some legal problems and the company is trying to settle the claims of share holders. In the version of opposite party No.2, opposite party No.2 contented the same contentions raised by opposite party No.1 in this case.
4. On perusal of complaint, version and documents the 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.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to A3. Ext.A1(1) is the Receipt issued by opposite party on payment of Rs.8,750/- dated 28.12.2010. Ext.A1(2) is the receipt for the payment of Rs.5,500/- and Ext.A1(3) is the receipt for the payment of Rs.5,500/-. Ext.A2 series are the discount vouchers issued by opposite party No.1 to the complainant. Opposite party No.1 admitted that opposite party No.1 issued discount vouchers worth Rs.11,000/- to the complainant. Opposite party No.1 also stated that opposite party No.1 is now trying to settle the claims of share holders. As per Companies Act 1956, an individual share holder have no right to demand for refund of share capital contributed by them. The complainant is entitled to get refund of the value of discount cards Rs.11,000/- from the opposite party No.1, since opposite party No.1 did not start supermarket in Wayanad District. The complainant joined into the scheme on the compulsion of opposite party No.2 and 3 are also liable. So by analyzing the entire evidences, the Forum is of the view that there is deficiency of service and unfair trade practice from the part of opposite parties. Point No.1 is found accordingly.
6. 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.11,000/- (Rupees Eleven Thousand) being the value of Discount Voucher to the complainant with 12% interest from 28.12.2010 till payment. The opposite parties are also liable to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the proceedings. The opposite parties shall comply the Order within 30 days from the date of receipt of this Order.
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:31.12.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Rekha. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1(1). Receipt. Dt:28.12.2010.
A1(2). Receipt. Dt:13.11.2010.
A1(3). Receipt. Dt:13.11.2010.
A2(1). Discount Voucher.
A2(2). Discount Voucher.
A2(3). Discount Voucher.
A2(4). Discount Voucher.
A2(5). Discount Voucher.
A3. Copy of Brochure.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
