IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the     20^th  Day of  July   2022

  Present: -  Smt.S.Sandhya Rani, Bsc, L.L.B(President I/C)

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

                                                    CC.293/2020

1.   M.Baby                                             :         Complainants

Aluvila Veedu

Kundara

Kollam-691504.

2.  Mini Baby

           Aluvila Veedu

           Kundara

          Kollam-691504.

          [By Adv.P.Sajeev Babu]

V/s

1. Popular Traders                                 :         Opposite parties

         Regd.Office

        Popular Towers

       Vakayar, Pathanamthitta.

       Represented by its ManagingPartner

       Thomas Daniel.

2. Y.Mathew Panicker

         Former Branch Manager of

         Popular Traders,

         Kundara

        Maliyekkal Mathew Bhavan,

        Punnamukku, Perumpuzha P.O.

3. T.Mathunni Panicker

          Branch Manager

         Popular Traders

        Kundara

       Plavila Thekkathil

       Raju Nivas, Ambipoika-691501.

FINAL ORDER

Smt.S.Sandhya Rani (President I/C)

          The complainants 1 and 2 are husband and wife.  1^st opposite party is a registered 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 company.  As attracted by the advertisement made by the 1^st opposite party in the news paper dailies and other publications and also by believing the words of 2^nd and 3^rd opposite parties, the 1^st and 2^nd complainants together have deposited Rs.1,00,000/- before the 3^rd  opposite party as fixed deposit for a period of 12 months  at the rate of 12% interest per annum and in turn the 3^rd  opposite party has issued a Receipt No.0582977 with A/c No.1020382000103 dated 04.06.2020.  Again on 07.07.2020 the 2^nd complainant(Mini Baby) deposited Rs.2,00,000/- before 3^rd opposite party as fixed deposit for a period of 12 months at the same rate of interest 12% per annum and inturn the 1^st and 3^rd opposite parties signed and issued two fixed deposit receipts, No.0590410 with A/c No.1020382000186 and No.0590411 with A/c No.1020382000187 for Rs.1,00,000/- each in the name of 2^nd complainant.  Moreover  the opposite parties have agreed to pay interest in each and every month and also agreed to repay the fixed deposit amounts on the maturity dates shown in each fixed deposit receipts.  Thus the opposite parties have paid monthly interest to the complainant up to the month of July 2020 and thereafter they have failed to pay the same.  Though the complainants have approached the opposite parties several times for getting the deposit amount and its interest, they didn’t get the same.  Thereafter the complainants could realized that the opposite parties have closed their offices.  According to the complainants the opposite parties are illegally withholding their deposit money for the illegal enrichment  of opposite parties and which caused much mental agony apart from lot of inconvenience.  Hence it is a clear case of deficiency in service and unfair trade practice.  In the circumstances opposite parties No.1 to 3 are directed,

1. To pay Rs.3,00,000/- along with interest at the rate of  12% per annum from 04.07.2020  till the date of payment to the complainant.
2. To pay Rs.40,000/- to the complainants towards the compensation for mental agony, discomfort and inconvenience caused to the complainant.
3. To pay Rs.20,000/- to the complainant towards the cost of the proceedings.  Hence the complaint.

Though notice issued from DCDRC, Kollam was received by the opposite parties No.1 to 3, they have not appeared before the Commission.  Hence opposite parties No.1 to 3 set exparte.  Complainants filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 and A2 series 3 in numbers documents and heard the counsel for the complainants.

Ext.A1   advertisement notice issued by San Popular Finance.  Ext.A2 series consists of 3 receipts in which Receipt No.0582977 dated 04.06.2020 issued by Popular traders in favour of Mini Baby and M.Baby would indicate that on 04.06.2020 both the complainants have jointly contributed a sum of Rs.1,00,000/- as contribution towards their share in Popular traders and Receipt No.0590410 dated 07.07.2020 issued by Popular Traders in favour of Mini Baby would indicate that on 07.07.2020 the 2^nd complainant Smt.Mini Baby has contributed a sum of Rs.1,00,000/- as contribution towards her share in Popular traders and Receipt No.0590411 dated 07.07.2020 issued by Popular Traders in favour of Mini Baby would indicates that on 07.07.2020  she has again contributed another One Lakh Rupees  as contribution towards her share in Popular Traders.

The unchallenged averments in the affidavit coupled with Ext.A1 and A2 series documents would establish prima facie that the complainants has deposited Rs.3,00,000/- with opposite parties. 

The complainants sworn in the complaint as well as in the chief affidavit that they have  not drawn interest since August 2020.  Though the complainants have approached the opposite parties to get back the deposit money, they didn’t get the same.   In the circumstances it is evident that the opposite parties are illegally withholding the money of the complainants for their illegal enrichment.  By refraining from discharging their contractual obligation the opposite parties have committed deficiency in service and unfair trade practice which resulted in mental agony apart from financial loss to the complainants.

In view of the material available on record we are of the view that there  exists deficiency in service and unfair trade practice on the part of opposite parties No.1 to 3 as they have failed to repay the fixed deposit amount of Rs.3,00,000/- along with 12% interest per annum since 04.08.2020. Therefore the complainants are entitled to get the deposit amount with interest at the rate of 9% p.a from 04.08.2020 and to get a reasonable compensation of Rs.15,000/- and costs Rs.5000/- from opposite parties No.1 to 3 jointly and severally and from their assets.

          In the result complaint stands allowed.

1. Directing the opposite parties No.1 to 3 to pay Rs.3,00,000/- along with interest @ 9% per annum from 04.08.2020  till the date of payment to the complainant.
2. Directing the opposite parties to pay Rs.15,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.
3. Directing the opposite parties to pay Rs.5000/- to the complainant towards the costs of the proceedings.

Dictated to the Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 20^th  day of  July   2022.

S.Sandhya Rani:Sd/-

(President I/C)

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent

INDEX  

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1:           True  Copy  of advertisement notice issued by San Popular Finance.

Ext.A2  series: Original Receipts(3 No’s)

Witnesses Examined for the opposite party:-Nil

Documents marked for   opposite party:-Nil

S.Sandhya Rani:Sd/-

(President I/C)

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent