IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the     22^nd  Day of  September 2022

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

        Smt.S.Sandhya Rani, Bsc, L.L.B,Member

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

                                                    CC.389/2020

Johnson.J                                          :         Complainant

Puthen Veedu

Karuvelil P.O, Ezhukone

Kollam-691505.

[By Adv.P.Sajeev Babu]

V/s

1. Popular Dealers                        :         Opposite parties

         Regd. Office

       Popular Tower, Vakayar, Konni

       Pathanamthitta.

       (Incorporated under the Companies Act 2013)

        Represented by its Managing partner

        Thomas Daniel

2. Y.Mathew Panicker

          Former Branch Manager

        Popular Dealers

        Kundara.

        Residing at

       Maliyekkal Mathew Bhavan

        Punnamukku,Perumpuzha P.O-691504.

3. T.Mathunni Panicker

         Branch Manager,Popular Dealers

         Kundara.

         Residing at

          Plavila Thekkathil,Raju Nivas

         Ambipoika-691501.

FINAL     ORDER

Smt.S.Sandhya Rani, Bsc, L.L.B,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 registered company registered under the  Indian Companies Act 2013.  The 2^nd and 3^rd opposite parties are former and present Managers respectively of Kundara branch of 1^st opposite party.  As attracted by the advertisements made by 1^st opposite party in newspaper dailies and other publications and also by believing the words of 2^nd and 3^rd opposite parties the complainant has deposited Rs.3,00,000/- before 2^nd opposite party as fixed deposit for a period of 12 months at the rate of interest  12% per annum and in turn the opposite parties signed and issued a fixed deposit receipt no.0152286 with A/c No.1029991902155 dated 16.07.2019 in the name of complainant.  In the Fixed Deposit receipt the opposite parties had agreed to pay interest @ 12% per annum by allowing the complainant to withdraw the accrued interest in each and every month and also agreed to repay the fixed deposit amount along with interest on the maturity date shown in the fixed deposit receipt.  As per the terms and conditions the opposite parties have paid monthly interest up to the month of Many 2020 and thereafter they have failed to pay the interest.  Even though the complainant has approached the opposite parties several times to return the entire amount along with interest accrued,  they have not returned the same.  Thereafter the complainant could realized 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 the opposite parties have failed to provide their service to the complainant as they have agreed.  According to the complainant the opposite parties are illegally withholding his money for their illegal enrichment which caused much mental agony and lot of  inconveniences to him.  The above act of the opposite parties amounts to deficiency in service and unfair trade practice.  Therefore the complainant claiming the deposit amount Rs.3,00,000/- along with interest as well as compensation and cost from the opposite parties.  Hence the complaint.

          Though notice issued from CDRF, Kollam was received by the opposite parties 1 to3, they have not appeared before the commission hence opposite parties 1 to 3 are set exparte.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 and A2 documents and heard the counsel for the complainant.

          Ext.A1 advertisement notice issued by San Popular Finance.  Ext.A2 is receipt No.0152286 dated 16.07.2019 issued by Popular Dealers, Kundara Branch in favour of the complainant Johnson.J would indicates that the complainant has deposited a sum of Rs.3,00,000/- on 16.07.2019 as fixed deposit in Popular Dealers with agreed share of profit @12% per annum for a period of 12 months.

          The unchallenged averments in the affidavit couples with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.3,00,000/- with opposite parties on 16.07.2019 for a period of 12 months with agreed share of profit @12% per annum.

          The complainant has stated in the complaint and sworn in the proof affidavit that he had not drawn any interest since 16.05.2020.   It is also clear from available records that the opposite parties have neither paid the interest/share of profit nor returned the Fixed Deposit amount inspite of repeated demands made by the complainant.  Hence it is clear that there is deficiency in service and unfair trade practice.  In the circumstances the complainant is entitled to get an order as prayed for.

          On evaluating the entire materials available on record we are inclined to grand the reliefs sought for.

          In the result the complaint stands allowed in the following terms.

1. The opposite parties No.1 to 3 are directed to pay Rs.3,00,000/- to the complainant along with agreed interest/share of profit  @ 12%  per annum from 16.05.2020 till the date of order and thereafter interest/share of profit  @ 9% per annum till realization.
2. The opposite parties No.1 to 3 are directed to pay Rs.10,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.
3. The opposite parties No.1 to 3 are directed to pay Rs.5000/- to the complainant towards costs of the proceedings.
4. Opposite parties No.1 to 3 are 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 c with interest at the rate of 12% per annum except for costs from opposite parties No. 1 to 3 jointly and severally 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  22^nd   day of  September  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.A1: Advertisement notice issued by San Popular Finance.

Ext.A2: Receipt No.0152286 dated 16.07.2019 issued by Popular Dealers, Kundara Branch in favour of the complainant Johnson.J.

Witnesses Examined for the opposite party:-Nil

Documents marked for   opposite party:-Nil