IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
Dated this the 1st Day of March 2023
Present: - Smt.S.Sandhya Rani, Bsc, L.L.B,President(I/C)
Sri.Stanly Harold, B.A.LLB, Member
CC.317/2022
Gracy George : Complainant
W/o John
White House,Neeleswaram P.O
Neduvathoor Village,Kottarakara Taluk
Kollam District.
[By Adv.A.Najeebdeen]
V/s
Kechery Enterprises : Opposite party
Punalur
Represented by its Proprietor and Managing Director
Venugopal Sreedharan Pillai
Hari Bhavan, Kamukumchery P.O, Punalur-689696.
FINAL ORDER
S.SANDHYA RANI, B Sc, LLB, PRESIDENT(I/C)
The opposite party is a financial institution under the name and style “Kechery Enterprises” (Kechery Chits and Finance), Punalur represented by its Proprietor and Managing Director, Venugopal Sreedharan Pillai, Hari Bhavan, Kamukumchery P.O, Punalur. The opposite party is having branch office at different places including Odanavattom. The complainant has deposited an amount of Rs.3,00,000/- and Rs.2,00,000/- on 30.04.2019 and 14.01.2019 respectively with the opposite party through their Odanavattom branch for a period of 3 years having interest at the rate of 15% per annum and in turn the opposite party issued Fixed Deposit Receipts in the name of Kechery Enterprises signed by the Proprietor and Managing Director Venugopal Sreedharan Pillai and other two employees of opposite party. Thereafter when the term of deposit was ended the complainant approached the opposite party and demanded the fixed deposit amounts with interest, but the amounts were not returned to the complainant till date. Though the complainant has filed petition before the SHO, Pooyappally Police Station for returning the fixed deposit money from the opposite party, the police didn’t take any action up on his petition. According to the complainant the opposite party is illegally withholding the money of him for their illegal enrichment which caused much mental agony apart from financial loss. The above illegal act on the part of opposite party amounts to deficiency in service and unfair trade practice and in that circumstances the complainant is compelled to file this complaint. The opposite party is liable to compensate the complainant on that count also.
Though notice was serviced on opposite party they remained absent before this Commission. Hence opposite party set exparte. Complainant filed chief affidavit and got marked Ext.A1 to A3 documents.
Heard the counsel for the complainant and perused the records.
Ext.A1 fixed deposit receipt dated 30.04.2019 issued in favour of the complainant Gracy George, White House, Neeleswaram P.O, Kottarakkara by Kechery Enterprises, Punalur would indicates that the complainant has deposited a sum of Rs.3,00,000/- with the opposite party for a period of 36 months with interest at the rate of 15% per annum and the amount mentioned in the receipt would be received in full with interest at the expiration of the above period.
Ext.A2 fixed deposit receipt issued in favour of the complainant would indicates that he has deposited another two lakhs with opposite party on 14.01.2019 for the same period of 36 months at the rate of interest 15% per annum and the amount in full with interest would be received by the complainant at the expiration of the above period. Both the documents would contain the seal of the institution and signature of Proprietor, Manager as well as Cashier of the institution along with due dates as 30.04.2022 and 14.01.2022 respectively. Ext.A3 produced reveals that the complainant had filed a petition before SHO, Pooyappally Police, but the police didn’t take any action up on his complaint.
The unchallenged averments in the affidavit with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.5,00,000/- with the opposite party.
The complainant has stated in the complaint and sworn in the chief affidavit that though the complainant had approached the opposite party to get back the fixed deposit amount along with interest, the opposite party has failed to return the deposit amount with interest as promised at the time of depositing the money. It is true that the opposite party is illegally withholding the money of the complainant for their illegal enrichment. By refraining from discharging their contractual obligation the opposite party has committed deficiency in service and unfair trade practice which caused much mental agony and financial loss to the complainant.
On evaluating the entire materials discussed above we are of the view that there exists deficiency in service and unfair trade practice on the part of opposite party as the opposite party has failed to repay the fixed deposit amount Rs.5,00,000/- along with 15% interest per annum for a period of 3 years to the complainant. In the circumstances the complainant is entitled to get the fixed deposit amount with agreed interest from the date of deposit and to get a reasonable compensation of Rs.10,000/- and costs Rs.5,000/- from the opposite party and from their assets.
In the result the complaint stands allowed in the following terms.
- The opposite party is directed to pay Rs.3,00,000/- along with interest @ 15% per annum to the complainant from 30.04.2019 till the date of order and thereafter at the rate of 9% per annum till realization.
- The opposite party is directed to pay Rs.2,00,000/- along with interest @ 15% p.a to the complainant from 14.01.2019 till the date of order and thereafter at the rate of 9% per annum till realization.
- The opposite party is directed to pay Rs.10,000/- to the complainant towards compensation for mental agony and financial loss caused to the complainant.
- The opposite party is directed to pay Rs.5,000/- to the complainant towards the costs of the proceedings.
The opposite party is directed to comply with the above directions within 45 days from today failing which the complainant is at liberty to recover the amount covered by relief No.(a) to (d) with interest at the rate of 15% per annum except for costs from opposite party and from their assets.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Commission this the 1st day of March 2023.
S.Sandhya Rani:Sd/-
Stanly Harold:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext A1&A2: Fixed deposit receipts for Rs.3,00,000/- &Rs.2,00,000/-dated 30.04.2019&14.01.2019.
Ext A3: Copy of complaint filed by complainant before Pooyappally Police Station.
Witnesses Examined for the opposite party:-Nil
Documents marked for the opposite party:-Nil
