IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the   30^th  Day of  June   2022

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

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

                                                    CC.44/2021

Susy Jacob                                         :         Complainant

St.George Bhavan

Anchalumoodu

Perinad P.O, Kollam-69160.

[By Adv.P.Sajeev Babu]

V/s

1. Popular Dealers                        :         Opposite parties

         Regd.Office

       Popular Towers

       Vakayar

       Konni, Pathanamthitta-689698

      Represented by its Designated Partner

      Thomas Daniel.

2. Y.Mathew Panicker

        Former Branch Manager

       Popular Dealers

       Kundara

      Maliyekkal Mathew Bhavan,

      Punnamukku, Perumpuzha P.O-691504.

3. T.Mathunni Panicker

          Branch Manager

         Popular Dealers

          Kundara

        Plavila Thekkathil

        Raju Nivas, Ambipoika-691501.

FINAL    ORDER

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

          The 1^st opposite party is the Managing Partner of Popular Dealers, a registered company, registered under the Indian Companies Act.  2^nd and 3^rd opposite parties are the former and present Managers respectively of the Kundara Branch of  Popular  Dealers Company. By attracting the advertisements made by the 1^st opposite party in newspapers and other publications and by believing the words of 2^nd and 3^rd opposite parties, the complainant deposited Rs.5,00,000/- before the 2^nd opposite party as fixed deposit  for a period of 12 months at the rate of 12% interest per annum and in turn the opposite parties No.1 and 2 have issued a signed Fixed Deposit Receipt No.0149209 with A/c No.1029991900522 dated 11.05.2019 .  More over the opposite parties have allowed the complainant to withdraw the accrued interest on each and every month.  Thus the opposite parties have paid monthly interest to the complainant upto May 2020 and thereafter they have failed to pay the same.  Though the complainant had approached the opposite parties several time for the deposit amount and its interest, they didn’t turned up.  Thereafter on 22.05.2020 the  3^rd opposite party get back the original payment receipt from the complainant by assuring that the entire deposit  with interest would be refunded before 30.05.2020 but again the opposite parties have failed in giving the payment till date and now the complainant realized that the opposite parties have closed their offices.  According to the complainant  for the illegal enrichment of the opposite parties they have illegally withhold the deposit amount of the complainant and which caused much mental agony and lot of inconvenience.  This is a clear case of deficiency in service and unfair trade practice.  In the circumstances the opposite parties No.1 to 3 are directed,

(a) to pay Rs.500000/- along with interest @ 12% per annum from 11.05.2020 till the date of payment to the complainant.

(b)  to pay Rs.50,000/- to the complainant towards compensation for mental agony, discomfort and inconvenience caused to the complainant.

(c) to pay Rs.20,000/- to the complainant towards the costs of the proceedings.

          Hence the complaint.

          Though notice issued from DCDRC, Kollam was received by opposite parties No.1 to 3, they have not appeared before the Commission.  Hence opposite parties No.1 to 3 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, copy of  advertisement notice issued by  San Popular Finance.  Copy of Ext.A2 receipt dated 11.05.2019 issued by Popular Dealers  in favour of Susy Jacob indicating that the complainant has deposited  a sum of Rs.5,00,000/- being contribution towards her share of  contribution to Popular Dealers.

          The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish prima facie that the complainant has deposited Rs.5,00,000/- with opposite parties.

          The complainant sworn in the complaint as well as in the proof affidavit that she had not drawn interest  since May 2020.  Though the complainant had approached the opposite parties to get back the fixed deposit amount along with interest, several times she didn’t get the same.  But on 22.05.2020 the 3^rd opposite party received the original receipt of Rs.5,00,000/- from the complainant by assuring that  3^rd opposite party would return the entire amount including interest before 30.05.2020 but still they are illegally withholding the money of the complainant 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 complainant.

          In view of the above materials available on record it is clear 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  Rs.5,00,000/- along with 12% interest since May 2020.  Therefore the complainant is entitled to get the deposit amount with interest at the rate of 9% from 11.05.2020 and to get a reasonable compensation of  Rs.25,000/- and costs Rs.5000/- from opposite parties No.1 to3 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.5,00,000/- along with interest @ 9% per annum from 11.05.2020  till the date of payment to the complainant.
2. Directing the opposite parties to pay Rs.25,000/- 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 AssistantSmt. Deepa.S transcribed and typed by her corrected by me and pronounced in theOpen Commission this the 30^thday ofJune2022.

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:       Photocopy of receipt No.0149209  worth Rs.5,00,000/- of  Popular Dealers.

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