IN THE CONSUMER DISPUTES REDRESSAL COMMISSION,
ALAPPUZHA
Friday the 04th day of March 2022
Filed on 24-09-2020
Present
1. Sri.S.Santhosh Kumar, Bsc.LLB(President)
2. Smt. C.K.Lekhamma.BA, LLB(Member)
In
CC/No.220 /2020
Between
Complainant:- Opposite parties:-
Sri. Anz.A 1. Sri. Thomas Daniel
Ashli Manzil Indikkattil Veedu
Thamarakulam, Alappuzha-690530 Vakayar, Konni,
Pathanamthitta-689698
2. Smt. Prabha Thomas
Indikkattil Veedu Vakayar, Konni
Pathanamthitta-689698
3. Marykutty, Chairperson
Indikkattil Veedu
Vakayar,Konni
Pathanamthitta -689698
4. Smt. Rinu Mariyam Thomas
Indikkattil Veedu
Vakayar,Pathanamthitta-68969898
(Exparte 1 t 4 OP)
5. Riya Ann Thomas
Indikkattil Veedu
Vakayar,Konni
Pathanamthitta-689698
(Exparte)
6. Riba Mary Thomas
Indikattil veedu
Vakayar, Pathanamthitta-689698.
7. Sri.Santhosh Kumar, Marketing
Manager, Nalloottil Veedu,
Thuruthiyilmukku, Karimulackal
Komalloor.P.O,Alappuzha
(Adv. R Jayan for OP.7)
8. Smt. Lalithakumari.K
Thamarakkulam Branch Manager
Vrindavan, Sooranad North
Anayadi.P.O, Kollam
(Adv. Najbdeen for Op.8)
ORDER
SMT. C.K.LEKHAMMA(MEMBER)
1. The facts of the complainant’s case are as follows:-
The opposite parties 1 to 6 are Managing Director and Directors of M/s Popular Finance and the subsidiaries or its sister concerns. Opposite parties 7 and 8 are the employees of opposite parties 1 to 6. The complainant had made three deposits of Rs. 7 lakhs Rs. 3 lakhs and Rs.1 lakh (total 11 lakhs) to the opposite parties 1 to 6 in the name of the complainant on 20/12/2019, 9/3/2020 respectively and he made another deposit for a sum of Rs. 1 lakhs in the name of his son Mr. Ashish on 11/3/2020. Accordingly issued receipts for the deposits. The said deposits were made with the inducement of 8th opposite party, the manager of the above opposite parties 1 to 6 and other staffs believe the complainant that he gets interest @12% per annum. They issued the receipts of said deposits in the name of Saan Popular traders LLP and Popular Dealers. The complainant has approached and requested to return his deposits the 8th opposite party replied that they could not return the deposit. But they did not give the interest of the deposits after June 2020.
On August 2020 he found that the office of the opposite parties is closed. The action of the opposite parties 1 to 8 are against the promise made by them. The said action of opposite parties amount to cheating and deficiency in service. Hence the complainant approached this Commission for the following reliefs.
1. Direct the opposite parties to refund Rs. 11 lakh with interest to the complainant.
2. Direct to pay compensation for deficiency of service and cost of the proceedings.
2. Version of the opposite party No.7 is as follows:-
The complaint is not maintainable either in law or facts. The complaint is bad for misjoinder of parties since the 7th opposite party is not a necessary party in this proceedings. This opposite party was the employee of the Popular Finance and he did not work in their Thamarakulam branch, where the complainant has deposited money. He does not know the deposit made by the complainant and the issuance of receipts. This opposite party is also deposit money with popular finance and he could not withdraw the deposit. Therefore, the complainant is not entitled to get any relief from the 7th opposite party.
3. 8th opposite party filed a version mainly contenting as follows:-
This complaint is not maintainable either by law or facts. The present complaint is groundless and unsustainable in law and is liable to be dismissed. Since the transactions is economic in nature and thereby the Commission has no jurisdiction to entertain and adjudicate upon the dispute and it is exclusively triable by a Civil Court. The actual transaction and dispute is with the respondents 1 to 6 whose office is situated at Pathanamthitta. Hence this complaint is filed without territorial jurisdiction. The complainant is not a consumer and the dispute is not a consumer dispute. The complaint is bad by misjoinder of parties because the 8th opposite party is not a necessary party in this dispute. This complaint is barred by limitation. The 8th opposite party had not influenced or induced the complainant to deposit any amount with Popular Financiers. She was working only as an employee of the firm and she performed only the clerical work on behalf of her employer the 1st opposite party. The complainant deposited amount directly with the owners of the firm through RTGS or by means of account payee cheque. No amount has been receive d by the 8th opposite party from the complainant. The document produced by the complainant itself proves that. The 8th opposite party has no power to accept cash from the depositors. The interest also received by the complainant by crediting into her account from the head office of the firm. The complainant was keeping direct relation with the head office of the firm. The complainant was keeping direct relation with the head office and management and her all transactions were with head office. The 8th opposite party also a depositor of the company and she could not withdraw the amount. The complainant is not eligible to get any relief from the 8th opposite party.
4. Points for consideration are as follows:-
1. Whether the complainant is entitled to refund the deposits from the opposite parties 1 to 6?
2. Whether there is any deficiency in service committed by the opposite parties?
3. Whether the complainant is entitle to get compensation from opposite parties 1 to 6?
4. Reliefs and costs?
The complainant appeared in person adduced the oral as well as documentary evidence Ext.A1 to A15 were marked. Opposite parties 1 to 6 are remained absent and declared them exparty. Opposite parties 7 and 8 were appeared through the counsel and adduced oral evidence as RW1. Thereafter we heard both sides.
5. Point No. 1 to 3:-
On perusal of evidence on record it is found that on 20/12/2019 the complainant deposited Rs. 7 lakhs to the finance company of opposite parties 1 to 6 named as Popular Dealers as per Ext.A1 and A2. Dtd. 9/3/2020 is the certificate of another deposit of Rs. 3lakhs with opposite parties 1 to 6 company named Saan Popular Traders LLP in the name of the complainant then one more deposit for an amount of Rs.1 lakh as per Ext.A3 Dtd. 11/3/2020 in the name of the complainant’s son Mr. Ashish Anz and also issued Ext.A4 & A5 temporary receipts. According to the complainant under the influence of the 7th and 8th opposite party he had deposited said amount to the opposite parties No. 1 to 6.
Nothing is before us to prove that under the influence of the opposite parties 7 &8 the complainant deposited said amounts. More over during cross examination of the complainant, PW1 deposed that opposite parties 7 and 8 did not issue any document or receipts related to the deposits. Further adds they did not affix their signature upon the certificate. Further that opposite party No.8 was not related to the misappropriation of any fund regarding the disputed transactions. In view of the above discussion we find that opposite parties No.7 &8 are the employees of the opposite parties No. 1to 6 and they are acting on behalf of the 1st opposite party. They are not all related to the money transactions in between the complainant and the opposite parties 1 to 6. We are of the opinion that as an employee’s the 7th and 8th opposite parties are not liable to give any amount to the complainant.
It appears that reliefs is sought in the complaint about the deposit relating to Ext.A1 to A3 certificates. It seems that the proof affidavit filed by the complainant is not in tune with the complaint. Ext.A3 certificate is belongs to the deposit of complainants’ son as per the provision of Consumer Protection Act the complainant is a beneficiary he has every right to file this complaint on and behalf of his son.
The complainants’ case stands well sustained by the evidence put on by him. Opposite parties 1 to 6 have failed to abide the promise as they assured and did not make any attempt to pay the deposited amount of Rs. 11 lakhs with 12 % interest to the complainant. In the absence of contrary evidence and on account of unchallenged evidence we are of the opinion that the case of the complainant is believable and the complainant is entitled to get Rs.10 lakhs as per Ext.A1and Ext.A2 with assured interest from July 2020. It is revealed that he had received the interest till June 2020. from the opposite parties 1 to 6 and they are also liable to pay another sum of Rs. 1 lakhs as per Ext.A3 with assured interest to the complainant.
The Popular finance being a financial institution incorporated as per the provisions of Companies Act and the opposite parties 1 to 6 are its managing director and directors. Hence they are bound to abide by the terms and conditions assured by them. But they have committed breach of promise as well as deficiency in service towards the complainant. Therefore opposite parties 1 to 6 are jointly and severally liable to pay compensation for said count to the complainant and also they are liable to pay litigation cost to the complainant.
6. Point No. 4:-
In the result complaint is allowed and direct as follows:-
A) Opposite parties 1 to 6 are jointly and severally liable to pay Rs. 10 lakhs with interest @ 12% per annum from July 2020 till realization and also pay another sum of Rs. 1 lakhs with interest @12% per annum from July 2020 till realization to the complainant.
B) Opposite parties 1 to 6 are jointly and severally liable to pay Rs.1,11,000/- (Rupees One lakh Eleven Thousand only) towards compensation and Rs. 10,000/- (Rupees Ten thousand ) towards litigation cost to the complainant.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 4th day of March, 2022.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Receipt dtd. 20/12/2019
Ext.A2 - Receipt dtd.9/3/2020
Ext.A3 - Receipt dtd 11/3/2020
Ext.A4 - Temporary Receipt dtd.9/3/2020
Ext. A5 - Temporary Receipt dtd.11/3/2020
Ext.A6 - Petition.
Ext.A7 - Petition
Ext.A8 - Copy of FIR
Ext.A9 - FIR
Ext.A10 - Statement of Account .
Ext.A11 - Pass Book copy
Ext.A12 - Copy of Pass book
Ext.A13 - Letter dtd. 12/8/2020
Ext. A14 - Whatsaap Message
Ext.A15 - Copy of Letter dtd. 20/2/2020
Evidence of the opposite parties:-
Rw1 - Lalithakumari(8th op)
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
