By Smt. Sheena V.V., Member :
The case of the complainant is that he had deposited Rs.1,00,000/- on 14/06/2014 as fixed deposit in opposite parties’ company. The complainant had received interest till 20/08/2015 and also received the amount Rs.50,000/- (Rupees Fifty thousand) on 30/12/2015 as per the deposit receipt. Whereas the 1st opposite party company was seen locked without functioning. The complainant had demanded the amount deposited with interest so many times. But there is no remedy so far. The act of the opposite parties, stopping the 1st opposite party company without any intimation to the complainant after collecting a huge amount as fixed deposit, amounts to unfair trade practice as well as deficiency in service on the part of opposite parties. Hence this complaint is filed for getting the remitted amount with interest.
2) On receiving the complaint, notice was properly issued to the opposite parties. But all opposite parties were continuously absent, so set ex-parte.
30 When the case was posted for complainant’s evidence, the complainant filed proof affidavit and 2 documents produced, which are marked as Ext. P1 and P2. Ext. P1 is the kuri pass book and Ext. P2 is the deposit receipt. We have gone through the affidavit and documents of the complainant. Ext. P2 deposit receipt issued by opposite parties in the name of complainant, which shows that he had deposited Rs.1,00,000/- in the opposite parties’ company. There is no contra evidence adduced by the opposite parties. The complainant had admitted in the complaint that he had receivd Rs.50,000/- as per the deposit receipt. From the records, we could find that the opposite parties had committed deficiency in service by non payment of balance deposit amount. However, the 1st opposite party company is a private limited company, so, the liabilities of directors are limited. So, the 1st opposite party company is liable to compensate.
4) In the result, the complaint is allowed and the 1st opposite party company is directed to return Rs.50,000/-, the balance amount of Ext. P1 to the complainant with 12% interest from the date of filing of the complaint till realization and Rs.5,000/- as cost within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17th day of June 2017.