IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Saturday the 29th day of April 2023
Filed on 31-12-2022
Present
1. Sri.S.Santhosh Kumar, Bsc.LLB(President)
2. Smt. Sholy.P.R BA, LLB(Member)
In
CC/No.336/2022
Between
Complainant:- Opposite parties:-
Sri. John Kurian 1. Mr. Thomas Daniel
Vilayil House Aka Roy, S/o T. K. Daniel
Chunakkara Naduvil Managing Director
Chunakkara.P.O, Popular Finance Group
Kerala-690 534 Indikattil House, Vakayar.P.O
(Party in person) Konni-689698
2. Ms. Prabha Thomas
W/o Thomas Daniel
Director, Popular Finance Pvt. Ltd
Mary Rani Popular Nidhi Pvt. Ltd
Indikattil House, Vakayar.P.O
Konni-689698
3. Dr. Renu Mariyam Thomas
W/o Villy John
CEO & Director, Popular Finance Pvt.Ltd
Mary Rani Popular Nidhi Pvt. Ltd
Kandamkulathi House,
Chandakunnu.P.O, Irinjalakkuda
Thrissur-680121
4.. Dr. Riya Thomas D/o Thomas Daniel, Director
Popular Finance Pvt. Ltd
Popular Nidhi Pvt. Ltd, Indikattil House
Vakayar. P.O, Konni-689698
5. Ms. Marykutty Daniel
W/o T.K.Daniel, Chairperson
Popular Finance Pvt. Ltd, Indikattil House
Vakay.P.O, Konni-689698
6. Ms.Reba Mary Thomas
D/o Thomas Daniel, Director
Popular Finance Pvt. Ltd
Popular Nidhi Pvt. Ltd, Indikattil House
Vakayar.P.O, Konni-689698
(OP 1 to 6 are exparte)
7. Mr. Thomas V Abraham
Manager, Popular Finance Pvt. Ltd
Kollakadavu Branch, Kaleeckal
Puthen Veedu, Kallimel.P.O
Kollakadavu-690509
(Party in person)
O R D E R
SMT.P.R SHOLY (MEMBER)
This is a consumer complaint filed under Sec.35 of Consumer Protection Act, 2019.
Material averments briefly discussed are as follows:-
On 11.03.2020 complainant had deposited an amount of Rs.1,45,000/- to Popular Finance in which the opposite parties are related, with assurance to give an interest @ 12% per annum for a period of 1 year. The complainant received only two months interest on the said deposit amounting Rs.2,900/-. Thereafter the opposite parties had not given the deposit amount and interest on the same as of now.
The complainant deposited the amount with the Popular Finance because of the reassurance given by the respective Manager/ staff regarding the security of amount with them by convincing about their RBI and other licenses to legally operated their business. On doubting about the financial crisis of the Popular Finance, the complainant had demanded his deposit amount and interest for which several follow-ups by way of personal visits and phone calls were made with Popular finance branch Manager, staff and their corporate office staff. But they kept on giving him false promises of payment by extending different dates. Hence this complaint for realizing an amount of Rs.1,45,000/-with interest due on 30.12.2022 as Rs.45,907/- along with compensation of Rs.15,000/- from the opposite parties.
In response to the complaint only 7th opposite party filed version and others remain exparte.
The averments in the version of 7th opposite party is as follows:-
7th opposite party was working at the Popular finance from 31.05.2010 to 04.02.2020. The 7th opposite party had given resignation on 04.01.2020. He continued the work for a further period of one month as per the procedure and on 04.02.2020 the management accepted his resignation on confirmation of his account audit and had given release letter to the 7th opposite party. 7th opposite party had no aquintance with the complainant. Since the 7th opposite party was not in service during the period when the complainant deposited the amount with Popular Finance and thus he has no responsibility towards the deposit of the complainant with the Popular Finance.
On the above pleading the points raised for consideration are:-
- Whether there is any deficiency in service on the part of all the opposite parties?
- Whether the complainant entitled to get the reliefs sought for in the complaint?
- Reliefs and costs?
Evidence in this case consists or oral evidence of PW1 and Ext.A1 on the side of the complainant and oral evidence of RW1 and Ext.B1 on the side of 7th opposite party. Opposite parties 1 to 6 are exparte.
Point NO.1 and 2:-
PW1 is the complainant. He filed an affidavit in tune with the complaint and got marked Ext.A1. Ext.A1 is the receipt issued from Popular Exports, Kollakadavu branch in favour of the complainant receiving Rs.1,45,000/- on 11.03.2020.
RW1 is 7th opposite party. He filed an affidavit in tune with the version and marked Ext.B1. Ext.B1 is the relieving letter issued to the complainant accepting his resignation from 04.02.2020.
Complainants case is that he had deposited an amount of Rs.1,45,000/- his hard earned money, to the Popular finance believing the assurance made by the opposite parties for its repayment terms. As per Ext.A1 he deposited the said amount on 11.03.2020 for a period of 1 year by which the due date of the deposit amount was 11.03.2021 and rate of interest was 12% per annum. The PW1 conteneted that though he demanded the amount knowing the situation of financial crisis faced by Popular finance, the opposite parties neglected the same on several occasions, hence the PW1 filed the complaint seeking reliefs for realizing the amount of Ext.A1 along with interest till the date of filling the case deducting the amount of Rs.2,900/- which the PW1 received from opposite parties for 2 months interest.
The notice issued from this Commission to opposite parties 1 to 6 returned with endorsement ‘RTS’. Hence proceed with exparte of opposite parties 1 to 6. Opposite party No.7 filed version and contested the case. He was examined as RW1 and got marked one document, Ext.B1 from his side. Ext.B1 is the letter issued from Popular, Kollakadavu branch accepting the resignation of PW1 intimating his relieve from duty on 04.02.2020. As contented by RW1 as per Ext.B1 it reveals that the RW1 (Opposite Party No.7) resigned from his duty from Popular group on 04.02.2020. PW1 had deposited the amount with Popular finance on 11.03.2020. On scrutiny of the documents produced by both sides it reveals that there is no chance for the presence of RW1 at the time of depositing the amount by the complainant. During cross examination also PW1 admitted that RW1 was not present at the time of deposit. He also deposed that not seeking any relief from 7th opposite party due to his absence at the time of deposit. In the said circumstance we are exonerating 7th opposite party and found deficiency in service on the other opposite parties 1 to 6.
Point No.3
In the result complaint stands allowed.
- Opposite parties 1 to 6 are jointly and severally liable to pay Rs.1,90,907/- to the complainant along with interest @ 9% per annum from the date of complaint till realisation.
- Opposite parties 1 to 6 are jointly and severally to pay Rs.10,000/- as compensation to complainant.
- Opposite parties 1 to 6 are jointly and severally liable to pay Rs.5,000/- as cost of proceedings to the complainant.
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 29th day of April, 2023.
Sd/-Sholy.P.R (Member)
Sd/-Sri.S.SanthoshKumar (President)
Appendix:-Evidence of the complainant:-
PW1 - John Kurian(complainant)
Ext.A1 - Receipt dtd. 11/3/2020
Evidence of the opposite parties:
RW1 - Thomas .V. Abraham( 7th OP)
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Comp.by:
