KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
COMMON JUDGMENT IN
APPEAL No. 777/02 & 778/02
JUDGMENT DATED: 04-01-2011
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT
SHRI.S. CHANDRAMOHAN NAIR : MEMBER
APPEAL No. 777/02
Chennayya, S/o Subha Poojary,
Manager, Gurudatta Finance Corporation,
Kumbla Branch, Market road, : APPELLANT
Kumbla Road, Kasaragod.
(By Adv.Smt.Padmakumari.R)
Vs.
1. Thyampanna Rai, S/o Koragappa Rai,
Kotekkar, P.O. Kumbla, Kasaragod.
(By Adv.Sri.A.Balaopal)
: RESPONDENTS
2. S.M.Rai, Proprietor,
Gurudatta Finance Corporation (R),
II Floor, High Lane, Plaza,M.G.Road,
Kasaragod, Now R/at Door.No.202,
Shakthi Tower, Near Petrol Bunk,
Lady Hill, Mangalore.
APPEAL No. 778/02
Chennayya, S/o Subha Poojary,
Manager, Gurudatta Finance Corporation,
Kumbla Branch, Market road, : APPELLANT
Kumbla Road, Kasaragod.
(By Adv.Smt.Padmakumari.R)
Vs.
1. Ramachandra Rao, S/o Koggu Shervegara,
K.K.Nivas, Shivnagar, Kanchikatta,
P.O.Kumbla, Kasaragod District.
(By Adv.Sri.A.Balaopal)
: RESPONDENTS
2. S.M.Rai, Proprietor,
Gurudatta Finance Corporation (R),
II Floor, High Lane, Plaza,M.G.Road,
Kasaragod, Now R/at Door.No.202,
Shakthi Tower, Near Petrol Bunk,
Lady Hill, Mangalore.
COMMON JUDGMENT
JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT
The appellant in Appeal-777/02 is the 1st opposite party in OP.13/02 and he is the appellant in A-778/02 also being the 1st opposite party in OP.12/02. The opposite parties in both the OPs are under orders to pay Rs.55,000/-, in OP.13/02 with interest at 12% from the date of the order and the appellant in OP.12/02 is under orders to pay Rs.50,000/- with interest at 12% from 14/7/1999 and also to pay Rs.3000/- towards cost in each of the OPs.
2. Complainants in OPs 13/02 and 12/02 are different persons. There was no representation before this commission for the complainants. The 2nd opposite party was exparte before the Forum as well as in the appellate proceedings.
3. The matter is with respect to the deposit of amounts with promise to repay with interest at the rate of 14% per annum. The deposits were made for one year. It is the case of the complainants that the 1st opposite party/appellant who was the Manager of the 2nd opposite party/Finance concern approached them and induced to deposit money. Subsequently when repayment was sought no payments were made. The 1st opposite party/appellant had contended that he was not the manager and has filed version denying that he has got any connection with the 2nd opposite party concern. He has also denied that he had approached the complainants etc for canvassing deposits.
4. The evidence adduced consisted of the testimony of PWs 1 and 2, Exts.P1 and P2 in OP.13/02 and PWs 1 and 2 and Ext.P1 in OP.12/02.
5. It is on the basis of the evidence of PWs 1 and 2 in each of the OPs that the Forum has found that the 1st opposite party/appellant was the then manager. PW2 in OP.13/02 is a person who had gone to the 2nd opposite party for pledging gold ornaments. PW2 in OP.12/02 is the attender of the 2nd opposite party concern (2nd opposite party is represented by the proprietor). We find that in the absence of any evidence on the part of the 1st opposite party/appellant the finding of the Forum in this regard cannot be faulted. There is no scope for interference in the order of the Forum with respect to the finding that the appellant was the manager and that he had approached the complainant along with the proprietor for deposits. All the same, the counsel for the appellant has stressed that he was only an employee of the 2nd opposite party and that he has not appropriated amounts and that he has only performed his official duties. In the circumstances we find that the direction to realize the amount from the 1st opposite party/appellant has to be set aside as there is no evidence or allegation that the 1st opposite party/appellant has appropriated the amounts. In the circumstances, the direction to the 1st opposite party also to pay the amounts jointly and severally along with the 2nd opposite party is set aside. Only the 2nd opposite party would be liable to pay the amounts. Hence both the appeals are allowed as above.
The office will forward the LCR along with the copy of this order to the Forum.
JUSTICE K.R. UDAYABHANU: PRESIDENT
S. CHANDRAMOHAN NAIR : MEMBER
VL.
