IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   31^st  DAY OF OCTOBER 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.249/2021

K.Babu,

Thadathil Thejus,Alummood P.O.,

Mukhathala, Kollam.                                                                        :               Complainants

                (By Adv. P.Sajeev Babu)

V/s

1.           Popular Exports,

                      VI/278, Mannam Building,

                Mattacnherry,Kochi 682 002.

               (Incorporated under the Companies Act 2013),

                 Rep.by its Managing Partner,                                                 : Opposite Parties

                 Thomas Daniel.

2.           S.Peter,

                       Branch Manager of Popular Exports,

                  Kannanalloor,

                      Residing at Shalom, Eravipuram P.O.,

                       Kollam 691011.

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 the Managing Partner of the company named Popular Experts registered under the Indian Companies Act 2013.  2^nd opposite party is the Manager, Kannanalloor Branch of the said company.  As attracted by the advertisement made by the 1^st opposite party in Newspaper dailies and other publication and also by believing the words of 2^nd opposite party, the complainant has deposited Rs.10,00,000/- on 14.05.2020 and another Rs.10,00,000/- on 22.05.2020 before 2^nd opposite party as fixed deposit for a period of 1 year and in turn the opposite parties signed and issued fixed deposit receipts No.0000018 with A/c No.00018 dated 14.05.2020 and 00000 24 with A/c 0023 dated 22.05.2020 respectively in the name of the complainant.  While making the fixed deposits the opposite parties had agreed to pay interest @ 12% per annum with the liberty to withdraw the accrued interest in each and every month or annually as and when the complainant makes demand.  As per the terms and conditions the opposite parties have paid monthly interest to the complainant upto the month of March 2021 and thereafter they have failed to pay the interest.  Thereupon the complainant made several demands to the opposite parties to pay the arrears of interest along with the fixed deposit amount but they have not returned the same.  Thereafter the complainant 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.  The above act of the opposite parties amounts to deficiency in service and unfair trade practice.  Therefore the complainant prays to direct the opposite parties to return the amount Rs.20,00,000/- deposited along with interest as well as compensation and costs.  Hence the complaint.

Though notice issued from CDRC, Kollam was received by the opposite parties 1 and 2  they have not appeared before the commission hence opposite parties 1 and 2 are set exparte.  Complainant filed chief affidavit by reiterating the averments in the complaint and got marked Ext.A1 to A3 documents.  Heard the counsel for the complainant.

Ext.A1 is advertisement notice issued by San Popular Finance.  Ext.A2 is fixed deposit receipt No.0000018 dated 14.05.2020 issued by 2^nd opposite party Popular Experts, Kannanalloor  Branch in favour of the complainant Sri.K.Babu which would indicate that the complainant has deposited a sum of Rs.10,00,000/- on 14.05.2021 as fixed deposit at the 2^nd opposite party Branch of 1^st opposite party Popular Exports for a period of one year @ 12% per annum.  Ext.A3 is another fixed deposit receipt No.0000024 dated 22.05.2020 issued by Popular Exports, Kannanalloor Branch in favour of the complainant Sri.K.Babu indicating that the complainant has deposited another sum of Rs.10,00,000/- on 22.05.2020

as fixed deposit in 2^nd opposite party Branch of Popular Exports for a period of one year @ 12 % per annum.

The unchallenged averments in the affidavit coupled with Exts.A1 to A3 documents would establish prima facie that the complainant has deposited altogether Rs.20,00,000/- with 2^nd opposite party Branch of the 1^st opposite party and the interest agreed to be paid was 12% per annum.

The complainant has stated in the complaint and sworn in the chief affidavit that he had not been paid any interest since March 2021 nor returned the fixed deposit amount. Hence the complainant is entitled to get the total fixed deposit amount of Rs.20,00,000/- along with interest @ 12% per annum since May 2021.    In the circumstances the complainant is entitled to get an order as prayed for.

                In the result the complaint stands allowed in the following terms:-

1. The opposite parties 1 and 2 are directed to return Rs.20,00,000/- to the complainant along with interest @ 12 % per annum from 22.04.2021 till the date of order and thereafter interest @  9% per annum till realization.
2. The opposite parties 1 and 2 are directed to pay Rs.50,000/- as compensation to the complainant for mental agony, discomfort and inconveniences caused to the complainant due to the deficiency in service on the part of opposite parties 1 and 2.
3. The opposite parties 1 and 2 are also directed to pay Rs.5,000/- to the complainant towards costs of the proceedings.
4. Opposite parties 1 and 2 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 from 22.04.2021 onwards till realization except for costs from opposite parties 1 and 2 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 31^st day of October 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                   : Fixed deposit receipt No.0000018 dated 14.05.2020 issued by 2^nd opposite

                                     party Popular Experts, Kannanalloor  Branch

Ext.A3                   : Fixed deposit receipt No.0000024 dated 22.05.2020 issued by Popular Exports,

                                    Kannanalloor Branch

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil