By  Sri.P.K.Sasi, President

        The case of the complainant is that as canvassed by the 2^nd opposite party she has deposited Rs.50,000/- on 22/03/13 @ 15% interest and another Rs.50,000/- on 06/04/13 @ 15% for one year period with the 1^st opposite party. Believing the assurances given by the 2^nd opposite party the complainant happened to deposit those amounts. The complainant also happened to join in a 16^th day Dhashami Pooval Kuri with a Sala of Rs.6,00,000/- started on 06/01/05  which was auctioned by the complainant and that amount of Rs.5,00,000/- was also deposited with the 1^st opposite party company on 21/10/08 as security deposit. She has paid the entire installments without any default and the kuri terminated on 06/05/14. Thereafter, when she requested the deposited amount of Rs.5,00,000/- the opposite parties prolonged the matter saying some or other reasons. The opposite parties are liable to return the deposited amount with interest. The act of the opposite parties not returning the deposited amount after maturity time amounts to utter deficiency in their service as well as unfair trade practice on their part. Due to the illegal acts of the opposite party the complainant happened to sustain unnecessary mental agony, heavy financial loss and also severe hardship. Hence this complaint is filed for getting relief.

        2)  Being noticed, on the complaint the 2^nd opposite party entered appearance through counsel and filed detailed version. The 2^nd opposite party has denied the entire allegations stated in the complaint. The opposite party further submitted that he has not received any amount from the complainant as deposit as alleged in the complaint. However, there is no lawyer notice issued by the complainant in the version the opposite party stated about reply notice sent by him. In his version it is further submitted that the entire transaction and day today affairs of the Sumangalam Kuries and Loans Pvt. Ltd. was conducted and managed by some other persons who are stated as 2^nd , 3^rd & 5^th opposite parties. Here in this complaint there are only two opposite parties. Without even going through the complaint the opposite parties prepared stereotype version. He further submitted that there is a suit pending before the Wadakkanchery Munciff Court OS 15/2015, against the other Directors of the company, filed by him. He further submitted that the complainant are not entitled to get any amounts from these opposite parties and he is not liable to pay any amounts to the complainant also. Since the 1^st opposite party remained continuously absent without appearance, set ex-parte and the case was posted for evidence.

        3) 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. He also produced 3 documents which are marked as Ext. P1 to P3. Ext. P1 is the attested copy of Deposit Receipt; Ext. P2 is the attested copy of another Deposit Receipt and Ext. P3 is the attested copy of kuri pass book.  From the side of opposite parties neither any counter proof affidavit filed nor any documents produced. Hence we heard the learned counsel for the complainant in detail.

        4) Since there is no contra evidence available before us we are inclined to accept the proof affidavit filed by the complainant. We have gone through the contents of affidavit and perused the documents produced. All the documents produced are attested true copies. The originals are not seen produced before us. The Ext. P2 would go to show that the complainant had deposited Rs.50,000/- on 22/03/2013 vide deposit receipt No.914/2067, and Ext. P2 would go to show that she has deposited Rs.50,000/- on 06/04/2013 vide deposit receipt No. 917/2087 at the rate of 15% interest for a period of 12 months. Ext. P3 passbook would go to show that the complainant has joined in a pooval kuri with 30 installments and she has paid the entire installments without any default and the kuri was auctioned by her on 15/09/11 and an amount of Rs.5,00,000/- has been deposited in the company as per the deposit receipt No.1024 dtd. 21/10/08 and that was endorsed on the kuri pass book.  Altogether there are 3 deposits in total Rs.6,00,000/- and she is entitled to get back that amount from the 1^st opposite party Sumangalam Kuries and Loans Pvt. Ltd. Without returning that amount the company has committed deficiency in service as well as unfair trade practice towards the complainant.

        In the result, we allow this complaint and the 1^st opposite party company is directed to return Rs.6,00,000/- (Rupees Six lakh only) with 9% interest from the date of the complaint to the complainant within one month from receiving copy of this order. Failing which, the complainant is also entitled to get 9% interest till realization.

         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the     30^th day of April 2018.

           Sd/-                                                     Sd/-

M.P.Chandrakumar                                     P.K.Sasi,

Member                                                       President.

                                Appendix

Complainant’s Exhibits

Ext. P1 attested copy of Deposit Receipt

Ext. P2 attested copy of another Deposit Receipt

Ext. P3 attested copy of kuri pass book

                                                                             Id/-

                                                                        President