IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 21st day of December, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member,
Sri. K.M. Anto, Member
C C No. 97/2021 (filed on 28/06/21)
Petitioner : Markose K.U.,
Kareeparambil, Chozhiyakad,
Channanickadu P.O.,
Kottayam – 686533.
(Adv.K.Karjet, Adv.Shine E.N.)
Vs.
Opposite parties : 1) M/s Mary Rani Popular Nidhi Ltd.
Puthippally Junction, Kottayam Head
Office at Door No.X111/526, Popular
Tower-Annexe, Vakayar P.O.,
Pathanamthitta PIN-689698
represented by its Directors 2 to 5.
2) Mr. Thomas Daniel, Director,
M/s Mary Rani Popular Nidhi Ltd.
Puthippally Junction, Kottayam Head
Office at Door No.X111/526, Popular
Tower-Annexe, Vakayar P.O.,
Pathanamthitta PIN-689698.
3) Mrs. Prabha Thomas, Director,
M/s Mary Rani Popular Nidhi Ltd.
Puthippally Junction, Kottayam Head
Office at Door No.X111/526, Popular
Tower-Annexe, Vakayar P.O.,
Pathanamthitta PIN-689698.
4) Mrs. Reeba Mary Thomas, Director,
M/s Mary Rani Popular Nidhi Ltd.
Puthippally Junction, Kottayam Head
Office at Door No.X111/526, Popular
Tower-Annexe, Vakayar P.O.,
Pathanamthitta PIN-689698.
5) Mrs. Rinu Mariam Thomas, Director,
M/s Mary Rani Popular Nidhi Ltd.
Puthippally Junction, Kottayam Head
Office at Door No.X111/526, Popular
Tower-Annexe, Vakayar P.O.,
Pathanamthitta PIN-689698.
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under Section 35 of the Consumer Protection Act 2019.
The brief of the complainant case is as follows:
The complainant was an employee of the Maruti Udyog Ltd., New Delhi and after retirement leading a retirement life at Kottayam with family. The complainant deposited 2 Lakhs rupees for two years with the opposite party with a view to earn an income for his life. The opposite party offered an interest 12% and which would be credited to the account of the complainant quarterly. But the opposite party had not credited even a single amount to the credit of the complainant till July 2020. The complainant approached the opposite party on 03.08.2020 and demanded to return the deposit amount. The opposite party refused to return the amount. The act of the opposite party is unfair trade practice and deficiency in service. Hence the complaint.
On admission of the complaint, copy of the complaint was duly sent to the opposite party, but returned as unclaimed.
The opposite parties failed to file their version or to appear before the Commission to defend their case. The opposite parties were set exparte.
The complainant filed proof affidavit and Ext. A1 was marked.
On going through the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether there is unfair trade practice or deficiency in service from the part of the opposite party.
- If so what are the reliefs and costs.
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Point No.1 and 2
On the basis of the complaint, proof affidavit of the complainant and evidence on record, it is clear that the complainant had deposited an amount of Rs.2 Lakhs as fixed deposit with the opposite party, on 04.01.2020. Ext.A1 is the fixed deposit receipt for Rs.2 Lakhs issued by the opposite party on 04.01.2020. As per Ext.A1, the deposited amount is Rs.2,00,000/- and interest is 12% and maturity date of the deposit is 04.04.2023. There is no evidence to show that the promised interest was credited to the account of the complainant or returned the deposited amount. The act of the opposite party accepting the fixed deposit by promising 12% interest and not giving any interest to the credit of the account of the complainant is deficiency in service on the part of the opposite party.
Hence Point No.1 is found in favour of the complainant and we pass the following Order:
- The opposite party one directed to refund Rs.2 Lakhs to the complainant with 12% interest from 04.01.2020.
- The opposite party one directed to given Rs.5,000/- as compensation for the mental agony and sufferings with cost Rs.1,000/-
The order shall be complied within 30 days from the date of receipt of order. If not complied as directed, the amounts will carry 9% interest from the date of order till realization.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the 21st day of December, 2021.
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 –Fixed Deposit Receipt of Rs.2,00,000/- issued by opposite party
Exhibits marked from the side of opposite party
Nil
By Order
Senior Superintendent
