KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

CC.03/2010

JUDGMENT DATED:28.06.2013

PRESENT:

JUSTICE SHRI. P.Q.BARKATH ALI              :  PRESIDENT

K.M. Jacob,

Kurayil Plavila House,

Perumanoor.P.O,

Valakam, Kottarakkara,                           : COMPLAINANT

Kollam District.

(By Adv: Sri.C.S. Rajmohan)

          Vs.

1.   Mr.C.P.John,

Managing Partner,

C.V.Philipose Sons & Managing Director,

CVP Realtors Pvt.Ltd., Thiruvalla,

Pathanamthitta, Residing at-

Chandraviruthil House,

Kulakkadu, Thiruvalla,

Pathanamthitta,

2.   Abraham  Thomas,

General Manager,                          : OPPOSITE PARTIES

C.V.Philipose Sons

CVP Realtors Pvt.Ltd., Thiruvalla,

Pathanamthitta, Residing at-

Valuparambil House,

PC Kavala, Changanassery,

Kottayam District.

3.   Anitha C. John,

Partner,

C.V.Philipose Sons

Thiruvalla, Pathanamthitta,

Residing at-

Chandraviruthil House,

Kulakkadu, Thiruvalla,

Pathanamthitta,

(By Adv:Sri.K.Muraleedharan Nair)    

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

This is a complaint filed by the complainant under section 17 of Consumer Protection Act, 1986 for recovery of the amount deposited by him with the opposite parties with interest and costs.

2.      The case of the complainant as detailed in the complaint in brief is this:-

  Complainant is a consumer as defined under section 2(1)(d) of the Consumer Protection Act.  First Opposite party is Mr.C.P.John, Managing Partner of C.V.Philipose and Sons and Managing Director of C.V.P.Realtors  Private Limited, Thiruvalla.  Second opposite party is General Manager and 3^rd opposite party is its partner.  On December 07, 2006 complainant deposited Rs.72 lakhs with the opposite party as fixed deposit under term deposit receipt dated, December 07, 2006 with due date on December 07, 2009.  Interest agreed upon was 12% per annum.  Even after due date opposite parties did not repay the amount to the complainant.  Therefore the complainant prayed for recovery of the said amount with interest from the date of deposit till realization and costs.

3.      The 1^st opposite party is Mr.C.P.John, Managing Partner, C.V.P.Realtors Private Limited, Thiruvalla.  The 2^nd opposite party is     Shri. Abraham Thomas who is the General Manager of the said company, 3^rd opposite party is Anitha C. John who is one of the partners of the company.  They in their separate versions and in the additional version contended thus:-

Complainant is not a consumer as defined under section 2(1)(d) of the Consumer Protection Act.  The allegation in the complaint that complainant deposited Rs.72,00,000/- with the opposite parties is not correct.  He was a Manager of the Company in 1990 and was promoted as General Manager.  The complainant as an employee of the opposite parties used to visit Gulf countries and accept deposits from the persons.  For that purpose he used to take blank signed FD receipts of the opposite parties and blank signed cheque leaves. Manipulating the said documents complainant had created the deposit receipts.  Therefore the complaint has to be dismissed.

4.      The complainant was examined as PW1 and Exts.P1 and P2 were marked.  Though one witness was examined as PW2 on the part of the complainant and cross-examined in part he was not available for further cross-examination.

5.      The following points arise for consideration:-

1       Whether the complainant has deposited Rs.72,00,000/- with the opposite parties as alleged by him?

2.      What are the reliefs complainant is entitled to?

6.      The case of the complainant is that he has deposited Rs.72,00,000/ with the opposite parties on December 07, 2006 which they did not return the same.  The opposite parties contended that PW1 did not deposit any amount with the opposite parties and that as an employee of the company he has manipulated blank singed fixed receipts and created Ext.P1 receipt.  Ext.P1, copy of fixed deposit  receipt primafacie prove that complainant has deposited Rs.72,00,000/- with the opposite parties for 36 months and the agreed rate of interest was 12% per annum.  No evidence was adduced on the side of the opposite parties to show that complainant has mis-used the blank signed deposit receipts and cheque leaves entrusted to him.  None of the opposite parties have come forward to swear in support of their case.  Under these circumstances accepting Ext.P1 and evidence of PW1 I hold that he had deposited Rs.72,00,000/- in the opposite party company on December 07,2006 which the opposite parties did not return.  That being so complainant is entitled to that amount with interest.

In the result complaint is allowed in part.  The opposite party shall pay Rs.72,00,000/- to the complainant with interest at the rate of 12% per annum from the date of deposit, December 07,2006 till realization.  Complainant is also entitled to a cost of Rs.5000/-.  No separate compensation is awarded as I have ordered interest at the rate of 12% per annum.

JUSTICE P.Q.BARKATH ALI:  PRESIDENT

VL.

APPENDIX

COMPLAINANTS EXHIBITS

Ext.P1        : Original FD receipt

Ext.P1(a)   : Photocopy of FD receipt

Ext.P2        : Photocopy of party details.

COMPLAINANT’S WITNESS 

PW1           : K.M. JACOB

OPPOSITE PARTIES  EXHIBITS

NIL

OPPOSITE PARTIES WITNESS

NIL

JUSTICE P.Q.BARKATH ALI:  PRESIDENT

VL.