IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
DATED THIS THE 1st DAY OF MARCH 2023
Present: - Smt.S.Sandhya Rani. Bsc, LLB ,Member(President in Charge)
Sri.Stanly Harold, B.A.LLB, Member
CC.No.318/2022
Saly George,W/o Joy,
Residing at Kavuvila, Panavely P.O.,
Vettikavala, Kottarakkara , Kollam. : Complainant
(By Adv.A.Najeebdeen )
V/s
Kechery Enterprises,
Punalur Rep.by its Proprietor and Managing Director,
Venugopal Sreedharan Pillai,
Hari Bhavan, Kamukumchery P.O., Punalur 689696. : Opposite Party
ORDER
Sri.Stanly Harold, B.A.LLB, Member
This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.
The averments in the complaint in short are as follows:-
The complainant is a customer of the opposite party. The opposite party is conducting a financial institution under the name and style ‘Kechery Enterprises’, Punalur represented by in proprietor and Managing Director Venugopal Sreedharan Pillai, Hari Bhavan, Kamukumchery P.O., Punalur , Pin 689696 this institution having some branch offices different places including one at Odanavattom and the proprietor of the institution named Mr.Venugopal Sreedharan Pillai was looking after the affairs of the head office and branches. Mr.Venugopal has introduced as the firm is having goodwill for more than so many years on bonafide belief of the opposite party institution the complainant had deposited an amount of Rs.5,00,000/- with the opposite party through his Odanavattom branch on 30.04.2019 and the opposite party issued a fixed deposit receipt in the name of Kechery, Enterprises signed by him and other employees of the firm. At the time of acceptance of the said amount the opposite party had assured the complainant the amount deposited in the firm is secured and the deposit amount would fetch an interest @ 15% per annum. The term of the deposit was 3 years up to 14.01.2022 and the deposit shall be given to the depositor either on its maturity on demand. Thereafter on the maturity of the fixed deposit, the complainant approached the opposite party and demanded to release the fixed deposit Rs.5,00,000/-. The opposite party failed to comply the promise assured at the time of depositing the amount. The complainant came to understand that the opposite party committed gross financial irregularities in respect of the deposits made by the complainant. The request for the return of mature deposits on urgent needs were not made by the opposite parties. On enquiry the complainant have got information that the banking system of the opposite party stands out wheeled by mismanagement of the employees and offices of the opposite party were closed and the officials of the opposite party was found absconding. Thereafter the complainant had prefer a complaint in respect of the above matter before the Pooyappally Police Station on 27.07.2022 but no further action was initiated. The opposite party is legally bound to return the amount of Rs.5,00,000/- with agreed rate of interest. The above act of the opposite party amounts to deficiency in service and unfair trade practice. Due to the act of the opposite party the complainant has suffered financial loss, mental agony and hardship which cannot be compensated in terms of money. Hence the complaint.
Though notice was issued from the commission that was received by the opposite party and they failed to appear before the commission hence opposite party set exparte. Complainant filed proof affidavit in lieu of examination in chief by reiterating the averments in the complaint and got marked Ext.A1 document. Heard the learned counsel for the complainant. Ext.A1 is the fixed deposit receipt FDR No. 31087 for Rs.5,00,000/- dated 30.04.2019 and the maturity date is 30.04.2022. On the basis of the uncontroverted testimony of the complainant coupled with Ext.A1 document it can be safely concluded that the complainant had establish his case warranting the grant of relief sought for. The complainant had stated in the complaint and sworn in proof affidavit that the complainant is entitled to get the fixed deposit amount Rs.5,00,000/- along with interest @ 15% per annum from 30.04.2019. The complainant had approached the Odanavattom branch of the opposite party and claimed the amount mentioned above. But the same was not yield any positive result till this time. Thereafter the complainant got reliable information the office of the opposite party remained closed. Hence it is evident that the opposite party is illegally withholding the money of the complainant for their illegal enrichment by refraining from discharging their contractual obligations. Opposite party had committed deficiency in service and unfair trade practice. In the circumstances complainant is entitled to get an order as prayed for.
In the result complaint stands allowed in the following terms:-
- Opposite party is directed to pay Rs.5,00,000/- to the complainant along with interest @ 15% per annum form 30.04.2019 till the date of order and thereafter interest @ 9 % per annum till realization.
- Opposite party is directed to pay Rs.25,000/- as compensation to the complainant for mental agony, discomfort and inconvenience caused to the complainant due to the deficiency in service on the part of opposite party.
- Opposite party is also directed to pay Rs.5,000/- to the complainant towards costs of the proceedings.
- Opposite party is directed to comply with the above directions within 45 days from today failing which the complainant is liberty to recover the amount covered by relief No.1 to 3 with interest @ 15% per annum from 30.04.2019 onwards from their assets movable and immovable till realization.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 1st day of March 2023.
STANLY HAROLD:Sd/-
S.SANDHYA RANI:Sd/-
(President I/C)
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.A1 : fixed deposit receipt FDR No. 29943 for Rs.2,00,000/- dated 14.01.2019
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
