Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R., Member

25^th day of January 2023

CC 173/20 filed on 03/03/20

Complainant         :         Mathew, S/o Thomas, ThekkanVeettil House,

                                      Pattiyekkad Desom, Puthoor Village, Thrissur.

                                      (By Advs. M.B. Biju Balan & Ranjith V.R., Thrissur)

Opposite Parties    :   1)  Puthoor Vanitha Co-operative Society Ltd. No.

                                      R.1132, Rep. by Secretary.

                                 2)  Dheeja Prakash, Marottikkal House,

                                      Koonamoola Desom, Thrissur. Secretary, Puthoor

                                      Vanitha Co-operative Society Ltd. No. R. 1132.

                                 3)  Rejeena Reji, Chirakkuzhy House, Puthankadu

                                      Desom, Thrissur Taluk. President, Puthoor Vanitha

                                      Co-operative Society Ltd. No.R – 1132.

                                 4)  P.G. Shaji, S/o Gangadharan, Puthanthara,

                                      Chenbamkandam Desom, Thrissur Taluk. Convener,

                                      Puthur Vanitha Co-operative Society Ltd.

                                      No. R. 1132.

                                      (Ex-parte)

F I N A L  O R D E R

By Sri. Ram Mohan R, Member :

1. Complaint in brief, as averred :

          The complaint is filed under Section 12(1) of Consumer Protection Act, 1986. The complainant who claims to be a working class labourer and his wife deposited Rs.2 lakh each with the 1^st opposite party society, on 1^st August 2017. The 2^nd, the 3^rd & the 4^th opposite parties are respectively the Secretary, the President and the Convener of the 1^st opposite party society.  The complainant states to have deposited the said sum with a view to meeting the expenses for his wife’s ensuing       heart surgery. But when the complainant in August 2018, approached the 1^st opposite party seeking withdrawal of the said sum for the said purpose, they allegedly declined to return the sum and informed the complainant that the funds could be returned only after a month. After one month while the complainant approached the 1^st opposite party society, he was paid only a sum of Rs.50,000/- towards interest portion, but not the deposited sum. The complainant’s repeated requests for refund of the deposits went in vain and in April 2019, he launched a complaint in this regard with the Police Station, Ollur and consequently the 1^st opposite party agreed to fully clear their liabilities with the complainant in April 2019 itself. But the opposite parties then returned by cheque only Rs.1,49,000/- on 24^th April and Rs.1,50,000/- on 25^th April. Though, a remaining sum of Rs.77,031/- was promised to be paid in two days, the opposite parties failed to comply with the same, despite repeated requests made to that effect by the complainant. Hence the complaint. The complainant alleges deficiency in service on the part of the opposite parties and prays for an order directing the opposite parties to refund the sum assured, apart from other reliefs of compensation and costs.

2) NOTICE :

          The opposite parties have not cared to enter appearance or to file their version before the Commission, despite their having received the Commission’s Notice to that effect. Accordingly the proceedings against the opposite parties were set ex-parte.

          3) Evidence :

          The complainant produced documentary evidence that had been marked Ext. A1 apart from affidavit and notes or argument. The proceedings against the opposite parties being ex-parte, no evidence produced on their part.

          4) Deliberation of evidence and facts of the case :

          The Commission has very carefully examined the facts and evidence of the case. Ext. A1 is the Current / Savings Pass Book in respect of Account No. 295, issued by the 1^st opposite party Society in favour of the complainant.

          5)  Points of deliberation :

 (i)     Whether the complainant had succeeded in proving the allegations

          levelled against the opposite parties ? And whether he is entitled to

          receive from the opposite parties the sum of Rs.77,031/- ?  Also

          whether the act of the opposite parties is tantamount to unfair trade

          practice or whether there is any deficiency in service on  the part of

          the opposite parties ?

          (ii)     Whether the complainant is entitled to receive any compensation

                   from the opposite parties ? If so its quantum ?

          (iii)    Costs ?

          6) Point No.(i)

          Ext. A1 Passbook makes it clear that the 1^st opposite party Society was bound to return to the complainant a sum of Rs.77,031/- as of 27/03/2019. In the absence of any evidence to the contrary, we find no reason to disbelieve the complainant’s contention that the opposite parties failed to return to him the said sum of Rs.77,031/. The opposite parties’ failure to promptly pay the sums assured is undoubtedly an unfair trade practice which at the same time results in deficiency in service on their part as well. The opposite parties have cared neither to enter appearance nor to file their written version before the Commission, in spite of their having received the Commission’s Notice to that effect. This recalcitrant and neglectful demeanour of the opposite parties unveils their blatant disregard to the process of law. Moreover, their conscious failure to submit their written version amounts to admission of the allegations levelled against them by the complaint. The Hon’ble National Commission expressed the same view by its order dtd. 09/10/17 in RP 579/2017 [2017 (4) CPR 590]. Thus point No.1 is proved in favour of the complainant. The 2^nd , the 3^rd and the 4^th opposite parties are obviously the persons responsible for the conduct of the business of the 1^st opposite party society which owes the liability of Rs.77,031/- with the complainant. All the opposite parties have the bounden duty to return to the complainant the promised sum of Rs.77,031/-.

          7) Point No (ii) & (iii) :

The opposite parties’ non-payment of sums, unlike promised, would certainly have inflicted financial loss, agony and hardship to the complainant, who bonafidely invested money with them. The opposite parties have necessarily to compensate the complainant. We are of the considered view that the complainant is entitled to receive from the opposite parties a sum of Rs.10,000/- towards compensation and a sum of Rs.5,000/- towards costs.

          In the result, the complaint is allowed and the opposite parties are jointly and severally directed to  

1. return to the complainant the promised sum of Rs.77,031/- (Rupees Seventy seven thousand and thirty one only),
2. pay the complainant a sum of Rs.10,000/- (Rupees Ten thousand  only) towards compensation for the financial loss, agony and hardship inflicted on him, and
3. pay the complainant a sum of Rs.5,000/- (Rupees Five thousand only) towards costs,

all with 9% interest p.a. from the date of filing of the complaint till the date of realisation. The opposite parties shall comply with the above direction within 30 days of receipt of a copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25^th day of January 2023.

   Sd/-                                              Sd/-                                        Sd/-           

Sreeja S.                                   Ram Mohan R                         C. T. Sabu

Member                                          Member                                      President

                                                    Appendix

Complainant’s Exhibits :

Ext. A1 Current / Savings Pass Book in respect of Account No. 295,

             issued by the 1^st opposite party Society in favour of the complainant.

                                                                                                             Id/-                                                                                                           Member