IN THE CONSUMER DISPUTES REDRESSAL COMMISSION,
ALAPPUZHA
Thursday the 23rd day of December, 2021
Filed on 11.11.2020
Present
1. Sri.S.Santhosh Kumar, Bsc.LLB(President)
2. Smt. Sholy.P.R.BA, LLB(Member)
In
CC/No.292/2020
Between
Complainant:- Opposite parties:-
Sri. Haridasan Unni 1. Sri. Pramod, Foreman
Shankara Nivas MRPN Chits Pvt. Ltd
S.N.Puram.P.O, 3rd Floor, Hridayam Arcade
Charamangalam, Opp. Kalyan Sarees,
Cherthala-688582 Aswini Junction, Trissur-680022
(Party in person) 2. Sri. Pramod
S/o Vilakkithara Narayanan Vilakkithara House, Desam Arattupuzha Village,
Mukunapuram Taluk, Trissur
3. Sri. Thomas Daniel
Director, MRPN Chits Pvt. Ltd
3rd Floor, Hridayam Arcade
Opp. Kalyan Sarees, Aswini Jn.
Trissur-680022
4. Sri. Thomas Daniel
Indikkattil, Maangaaaram Muri, Vakayar,
Pathanamthitta-689698 5. Smt. Prabha Daniel
Director, MRPN Chits Pvt. Ltd
3rd Floor, Hridayam Arcade
Opp. Kalyan Sarees, Aswini Jn.
Trissur-680022
6. Smt. Prabha Daniel
Indikattil, Maangarram Muri
Vakayar, Pathanamthitta
Pin-689698
7. Sri. Hariharadas, Manager
Popular Finance, No.4/180/29 1st
Floor, Cherthala
Municipality Suvarna Jubilee Smaraka Shopping Complex Cherthala-688524
8. Sri. Hariharadas
Govindavilasam House
Marathorvattom.P.O
Cherthala.
(Adv. Sri. Jayamohan for OP7 & 8)
O R D E R
SRI. SHOLY.P.R (MEMBER)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
1. Brief facts of complaint in short are as follows:-
Complainant and his wife as senior citizens living in the above address. The opposite parties are related to the Kuri company. The branch manager of Popular Finance, Cherthala Sri. Hariharadas was known to the complainant. He approached the complainant and told of the various deposit schemes of popular finance and its benefits. H also informed a kuri to be started by a reputed kuri company of Trissur of which the directors of Popular finance are also directors. The manager then explained the attractive terms and conditions and the safety of joining the kuri since it has been registered at the AR Office Trissur as per law. The manager further informed that complainant will not have to go to Trissur to remit the monthly installment since the money will be collected in the Cherthala branch of Popular Finance by him and remitted to the kuri company. There by the complainant joined the Kuri.
The 1st installment was to be remitted on 10/6/2019 and the last installment on 10/9/2022. Accordingly the complainant remitted the 1st installment on 15/5/2019. The complainant has remitted the installments upto 4/6/2020. Even though he reached Cherthala office of Popular Finance on 5/7/2020 to remit the next installment, he was unable to do so, since the office found closed. The complainant has still now paid a total amount of Rs. 27,500/-of 11 installments. Due to certain deep financial problems, the complainant requested to take steps to close the kuri and to release the deposit amount on 31/8/2020 for payment of certain persons from whom they had borrowed in connection with the marriage of his daughter. Thereafter the complainant reminded during 1st week and the branch manager assured the matter and directed the complainant to come on the 31/8/2020.
The complainant arrived with his wife at the branch office at Cherthala on 31/8/2020, then also the office was found closed. Neither the manager nor any staff could be contacted. The complainant contacted the mobile number of the kuri company, but none attended the phone calls. The complainant now send a request by registered post with acknowledgment due on 15/10/2020 in the office address. But this letter has been returned by the postal authorities with the remarks “Addressee left station”. Thereafter the complainant heard a shocking news that the popular finance company will not open in near future due to certain fraud committed by the management of Popular Finance Ltd and its allied concerns and consequent arrest of MD and others. The branch manager also was absconding. Hence the complainant filed a complaint to refund of the amount remitted in connection with kuri with compensation and cost.
2. 2nd opposite party filed a version mainly contenting as follows:-
The complaint is not maintainable. The statement that the complainant had remitted a total amount of Rs.27,500/- for 11 installments of kuri at 1st opposite party and thereafter while he approached for its refund the 8th opposite party had agreed to refund are false, and to be proved by the complainant. This opposite party is only an employee of 1st opposite party and the daily affairs and financial transactions were done by opposite parties 3 to 6. It is true that the directors of popular finance are alsothe directors of 1st opposite party. After the fraud committed by the popular finance Ltd. the 1st opposite party institution also forced to close by the Police authority and friezed the account of 1st opposite party concern. The police officials directed the 1st opposite party not to open the institution by reason that the directors of the 1st opposite party and popular Finance are one and the same . Thereby it was closed August 2020 onwards.
As per Chitty pass book the forman of the chitty transaction is MRPN Chitties Pvt. Ltd, Trissur and this opposite party is only a representative and having no connection with the working of the company. This opposite party is not the authorized signatory of the 1st opposite party. This opposite party has not acquainted with the complainant and not compelled or instigated to him to join kuri at 1st opposite party. The only reason to close the working of 1st opposite party concern and frieze its account is directors of popular finance Ltd is the directors of 1st opposite party. There is no deficiency of service on the part of 2nd opposite party since he has no authority or responsibility to the working of 1st opposite party.
3. 8th opposite party filed a version mainly contenting as follows:-
The complaint is not maintainable. Opposite parties 7th and 8th are the same person and is only an employee of Popular Finance Pvt. Ltd. This opposite party is not related to the Kuri company.
This opposite party has approached the complainant and told the various deposit schemes of Popular Finance and its benefits and of a Kuri to be started of which the directors of Popular Finance are also directors and explained attractive terms and conditions are not correct. The statement “addressee left station” is not correct. This opposite party was not absconding.
The complainant was looking for depositing his retirement benefits in a financial institutions offering maximum monetary benefits and selected financial institution to join the Kuri. This opposite party is an employee of Popular Finance and the duty is only office administration of the branch. Collecting money by canvassing from the public is not the part of the duty of this opposite party. The documents produced in this case are not reliable documents to decide this complaint. There is no deficiency of service or unfair trade practice from the side of this opposite party. This opposite party is not a necessary party to the above complaint.
4. On the above pleadings following point were raised for consideration:-
1. Whether the complainant is entitled to realize an amount of Rs.27,500/- along with interest from the opposite parties as prayed for?
2. Whether the complainant is entitled to realize an amount of Rs.1 lakh as compensation for deficiency in service?
3. Reliefs and cost?
Evidence in this case consists of the oral evidence of PW1 and Ext.A1 from the side of complainant and oral evidence of RW1 on the side of 8th opposite party.
5. Point No.1 and 2:-
PW1, who is the complainant in this case and his wife are retired employees. 8th opposite party the branch manager of popular finance ltd. was known to the complainant and he told the complainant the various deposit schemes under 1st opposite party including the chitty transactions. The complainant took a kuri and as said by the 8th opposite party the amount was collected at Cherthala branch office of popular finance and remitted to the Kuri company at Trissur. Accordingly the complainant had paid 11 installments @ Rs.2500/- ie, upto 4/6/2020. When he reached at cherthala office of popular finance on 5/7/2020 to remit the next installment, the office was found closed.
Thereafter due to some financial problem the complainant was in urgent need of money he informed the 8th opposite party his inability to continue the kuri further and requested to take steps to close the kuri and to release the deposited amount on 31/8/2020. Eventhough the manager agreed to refund the amount on request, he did not paid the same. Besides that the office was found closed and could not contact over phone to the 8th opposite party as well as the office at Trissur. Thereafter the complainant came to know that the popular finance company will not open in near future due to certain fraud committed by its management and its allied concerns. Hence filed this complaint for realizing the amount paid in kuri along with interest and compensation and cost.
Opposite parties 1 and 2 are one and the same, 1 is in the official capacity and 2 is in house address. Opposite party 7 and 8 are also incorporated in the same manner. The other opposite parties are also incorporated in dual capacity ie, official and personal capacity.
Opposite parties 3 to 6 remained exparte. Opposite parties 1 and 2, 7 and 8 were filed version. In the version of opposite party No.2 it is admitted that 2nd opposite party is the forman of 1st opposite party and also admitted that the partners of popular finance ltd. are the partners of 1st opposite party, Kuri company. Another contesting opposite parties, 8th opposite party also contended that he was only an employee of popular finance pvt. Ltd. and he was not related to the kuri company and also contended that there was no inducement to take kuri in the 1st opposite party. Both the opposite parties 2 and 8 averred that their duty is only office administration of their respective office.
Complainant filed chief affidavit and got marked Ext.A1, Kuri pass book issued by 1st opposite party concern. When the complainant mounted in witness box, among the contesting witness only 8th opposite party cross examined the PW1 and did enter the box to face cross examination. In the version 2nd opposite party categorically stated that he was working with 1st opposite party in the capacity of Forman and the directors of Popular Finance are also directors of 1st opposite party Kuri company. PW1 has got a case that 8th opposite party, the branch manager of Popular Finance, Cherthala, was known to him and believing the words of 8th opposite party the complainant had joined the kuri with 1st opposite party company.
Admittedly the 8th opposite party is the employee of Popular Finance Pvt. Ltd and 2nd opposite party is the Forman of 1st opposite party chitty company. 2nd opposite party also categorically stated in the version that the directors of the Popular Finance are also the directors of 1st opposite party. Accordingly on evaluation of the averments of 2nd opposite party and 8th opposite party it seems a link between the 1st opposite party chitty company and Popular Finance, in some extent. The evidence on record shows that PW1 remitted an amount of Rs.27,500/- through 11 installments of chitty as per Ext.A1, chitty pass book. Since there is no evidence to show that the amounts were returned complainant is entitled to realize the same. Considering the facts and circumstances of the case no order as to compensation.
Point No.3:-
In the result complaint stands allowed in part.
A) Opposite parties are directed to refund Rs.27,500/- along with interest @ 9% per annum from the date of complaint till realization to the complainant.
B) Complainant is entitled Rs.2000/- as cost of the proceedings from the opposite parties.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 23rd day of December, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
PW1 - Haridasan Unni(Complainant)
Ext.A1 - Chitty Pass Book
Evidence of the opposite parties:-
RW1 - Hariharadas(Opposite party)
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
