Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V., Member.
3. Sri.M.P.Chandrakumar, Member
21st day of October 2017
C.C. 353/16 filed on 23/02/2016
Complainant : Prasanna Balachandran,
W/o Aangaloor Vadakkethil Balakrishnan,
Pazhayannur, Thalappilly.
(By Adv. K.B. Sunilkumar, Thrissur)
Opposite Parties : 1) Sumangalam Kuries & Loans Pvt. Ltd.,
Chelakkara, Thalappilly. 2) Sumangalam Kuries & Loans Pvt. Ltd., Rep.
by Managing Director P.L. Thomas, S/o
Panengadan Lasar, Parlikkad, Thalappilly.
(By Adv. Sreekumar Puthezhath, Thrissur
for R2)
O R D E R
By Sri.P.K.Sasi, President
The case of the complainant is that she has made two deposits of Rs.5,00,000/- each with the 1st opposite party company on 31/01/13 for a period of one year. The opposite parties assured 15% interest for the deposit. She happened to deposit the amount only believing the words of the 2nd opposite party who was the Managing Director of the 1st opposite party company. Evenafter attaining the maturity of the deposit the opposite parties did not return the deposit amount with interest to the complainant despite several demands made by the complainant. The act of the opposite party keeping the deposit amount without returning evenafter demands made, amounts to deficiency in service on their part as well as unfair trade practice also. Therefore the complainant is entitled to get the deposited amount with 15% interest from the opposite parties. Hence this complaint is filed for getting relief.
2) Being noticed on the complaint the 2nd opposite party entered appearance through counsel and filed detailed version. The 1st opposite party evenafter accepting the notice neither appeared before the Forum nor filed any version hence set ex-parte. In the version filed by the 2nd opposite party they have raised so many contentions which are not connected with this complaint. He raised allegations against other directors of the company who are not impleaded as parties to this complaint. The contesting opposite parties denied all the allegations stated in the complaint. It is submitted that he has sent a reply with genuine reasons to the lawyer notice issued by the complainant. The 2nd opposite party raised so many allegations against other directors and he blamed all the liabilities upon them.
3) Then the case was posted for evidence and the points for consideration was that
1) whether there was any deficiency in service or unfair
trade practice happened on the part of opposite
parties ?
2) If so what cost and relief ?
4) From the side of complainant she has appeared before the Forum and submitted proof affidavit in which she has affirmed and explained all the averments stated in the complaint in detail. She also produced 2 deposit receipts which are marked as Ext. P1 & P2. Ext. P1 is the receipt No.926/2026 dtd. 03/01/2013 for an amount of Rs. 5,00,000/-; Ext. P2 is the deposit receipt No. 927/2027 dtd. 03/01/2013 for an amount of Rs.5,00,000/-. From the side of 2nd opposite party he has appeared before the Forum and submitted counter proof affidavit in which he has affirmed and described all the contentions raised in his version in detail. In the counter proof affidavit also he has raised some allegations against other directors of the 1st opposite party company who are not a party in this complaint. He also produced a certified copy of plaint in OS 15/15 of Wadakkanchery Munciff Court which is marked as Ext. R1. Both sides filed detailed argument notes and we heard in detail also.
5) We have gone through the contents of affidavits and perused the documents produced before us. Ext. P1 & P2 are two deposit receipts issued by the 1st opposite party company signed by the 2nd opposite party as Managing Director. Both deposit receipts are of Rs.5,00,000/- each dtd. 03/01/13 and the due date is shown as 03/01/14. Interest rate is shown as 15% per annum. However, the contesting opposite party raised some allegations against other Directors, he has not adduced any evidence against the deposit receipts produced by the complainant. There is no case for the contesting opposite party that the Ext. P1 & P2 deposits receipts are not issued by the 1st opposite party company. Considering all these points we are of the opinion that the complainant is entitled to get the deposit amount with 15% interest during the period of the deposit. By without returning that amount the opposite parties committed deficiency in service towards the complainant. The 1st opposite party being a private limited company only the company can be held liable since the directors are having limited liability.
In the result, we allow this complaint and the 1st opposite party company is directed to return Rs.10,000,00/- (Rupees Ten lakh only) with 15% interest from 03/01/13 to 03/01/14 and from thereafter with 9% interest to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 9% interest for all those amounts till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 21st day of October 2017.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext. P1 receipt No.926/2026 dtd. 03/01/2013
Ext. P2 deposit receipt No. 927/2027 dtd. 03/01/2013
Opposite Parties Exhibits
Ext. R1 certified copy of plaint in OS 15/15
Id/-
President
