IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   4^th DAY OF AUGUST 2022

Present: -        Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

          Smt.S.Sandhya   Rani. Bsc, LLB ,Member

          Sri.Stanly Harold, B.A.LLB, Member

CC.No.298/2020

Aji C.Panicker,

Cheppalil Ajo Bhavan,                                                                  :           Complainant

Hospital Junction,Kundara 691501.

(By Adv. P.Sajeev Babu)

V/s

1. Popular Dealers

Regd.Office Popular Towers,

Vakayar , Pathanamthitta

(Incorporated under the Companies Act 2013),

Rep.by its Managing Partner,                                                             : Opposite Parties

Thomas Daniel.

2. Y.Mathew Panicker,

Former Branch Manager of Popular Traders

Kundara, Residing at Maliyekkal Mathew Bhavan,

Punnamukku, Perumpuzha P.O.,

3. T.Mathunni Panicker,

Branch Manager,

Popular Traders,

Kundara residing at Plavila Thekkathil

Raju Nivas Ambipoika

ORDER

Smt.Sandhya Rani, B.Sc, 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  1^st opposite party is a company registered under the Indian Companies Act 2013.  The 2^nd and 3^rd opposite parties are the former and present Managers respectively of the  Kundara branch of 1^st opposite party.  As attracted by the advertisements made by the 1^st opposite party in newspapers and other publications and also by believing the words of 2^nd opposite party the complainant has deposited Rs.50,000/- before 2^nd  opposite party for a period of 72 months at the rate of interest 16.66% per annum and in turn the opposite parties signed and issued fixed deposit  Receipt no.0523497 with A/c No.1020381700161 on 26.07.2017.  The opposite parties were agreed to withdraw the accrued interest in each and every month by the complainant and also agreed to repay the fixed deposit amount along with interest on the maturity date.   But due to the financial urgency of the complainant, who has approached the 1^st and 3^rd opposite parties to release the fixed deposit amount on 10.05.2020 and the opposite parties have agreed to return Rs.75,000/- to the complainant on 30.05.2020 as full and final settlement of the amount covered by the fixed deposit receipt.  But the opposite parties have failed to return back the agreed amount and now it is seen that the opposite parties have closed their offices.  This is a case in which the complainant availed the service of the opposite parties for consideration but opposite parties have wilfully illegally and arbitrarily failed to provide their agreed  service to the complainant.  The opposite parties are illegally withholding the money of the complainant for their illegal enrichment which caused much mental agony and lot of inconveniences apart from financial loss. The above act of the opposite parties amounts to deficiency in service and unfair trade practice.   The complainant further prays to direct the opposite parties a) to pay Rs.75,000/-along with interest @ 12% per annum from 10.05.2020 till the date of payment to the complainant b) to pay Rs.25,000/- to the complainant towards the compensation for mental agony, discomfort and inconveniences caused to complainant. c) to pay Rs.10,000/- to the complainant towards costs of this proceedings.  Hence the complaint.

Though notice issued from CDRC, Kollam was received by the opposite parties 1 to 3, they have not appeared before the commission.  Hence opposite parties 1 to 3 set exparte.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 and A2 documents.  Ext.A1 advertisement notice issued by San Popular Finance and Ext.A2 is receipt No.0523497 dated 26.07.2017 issued by Popular Traders in favour of                 Aji C.Panicker, the complainant here, would indicate that on 26.07.2017 the complainant has contributed a sum of Rs.50,000/- as contribution towards her share of partnership in Popular Traders.

The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.50,000/- with opposite parties .

The complainant has sworn in the complaint as well as in the proof affidavit that she had not drawn the agreed interest till date. The materials available on record would indicate that though the complainant had approached the opposite parties to get back the fixed deposit amount along with arrears of interest but not paid.  Later the complainant could realize that the opposite parties have closed their offices.  Hence it is clear that the opposite parties are illegally withholding the money of the complainant for their illegal enrichment.  By refraining from discharging their contractual obligations the opposite parties have committed deficiency in service and unfair trade practice, which resulted much mental agony apart from financial loss to the complainant.

In view of the above materials available on record it is evident that there exists deficiency in service and unfair trade practice on the part of opposite parties as they have failed to repay the fixed deposit amount of Rs.50,000/- along with  agreed interest since the date of deposit.  In the circumstances we are of the view that the  complainant is entitled to get back the deposited amount with agreed interest from 26.07.2017 and to get a reasonable compensation of Rs.10,000/- and costs Rs.5,000/- from opposite parties 1 to 3 jointly and severally and from their assets.

            In the result complaint stands allowed.

1. Directing the opposite parties 1 to 3 to pay Rs.50,000/- along with interest @ 16.66 % per annum from the date of deposit (26.07.2017) till the date of order and thereafter at the rate of 12% per annum till realization.
2. Directing the opposite parties to pay Rs.10,000/- to the complainant towards compensation for mental agony, discomfort and inconveniences caused to the complainant.
3. Directing the opposite parties to pay Rs.5,000/- to the complainant towards the costs of the proceedings.
4. Opposite parties 1 to 3 are directed to comply with directions within 45 days from today failing which the complainant is at liberty to recover the amount covered by relief No.(a) to (c) with interest at the rate of 12% per annum except for costs from opposite parties 1 to3 jointly and severally and from their assets.

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the   4^th  day of  August 2022.  

                                                                                    S.SANDHYA RANI:Sd/-

     E.M .MUHAMMED IBRAHIM:Sd/-

            STANLY HAROLD:Sd/-

                                                                                    Forwarded/by Order

                                                                                                                                                                                                                                                 Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1             : Advertisement notice issued by San Popular Finance

Ext.A2            : Receipt No.0523497 dated 26.07.2017 issued by Popular Traders

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil