Date of filing : 17-06-2009 Date of order : 28-06-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 133/09 Dated this, the 28th day of June 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Seetharathna.K, (Rtd Teacher), “Saketham”, Padi Road, Ethirthodu, Po.Edneer Chengala Via, Kasaragod. 671541. } Complainant (Adv. M.Mahesh, Kasaragod) 1.V.V. Khalid Hajee, C.M.D Everstar India Agro } Opposite parties Industries Ltd, Kinfra Park, Seethangoli, Kasaragod. Residence Address: Vellana Valappil Chemnad, Po. Thirurangadi, Malappuram.Dt. 676306 (Adv. T.K.Rajan, Kasaragod) 2. Ravikumar.K.T. Lathalaym, PMS Road, Nullipady, Kasaragod. 671 121 (In Person) O R D E R SRI.K.T.SIDHIQ, PRESIDENT In short The case of the complainant Seetharathna is that she deposited a sum of 1,00,000/- rupees on 31-7-2007 with opposite party No.1 who is the C.M.D of M/s Everstar India Agro Industries Ltd. As per the terms of deposit opposite party No.1 agreed to refund the amount after one year. He also offered monthly interest of 2,500/- rupees till refund. As per the agreement executed opposite party No.1 ought to have been refunded the amount as on 1-8-2008. The cheque issued towards the refund of the amount is returned from the bank unpaid due to insufficiency in the account. Though she contacted opposite party No.1 several times demanding refund of the deposit, it is not aterialized so far. Hence the complaint. 2. Opposite party No.1 filed version totally denying the allegations and transactions as stated in the complaint. According to opposite party No.1, they never accepted the amount as stated by the complainant and he never acted as CMD or director of the firm Everstar India Agro Industries. According to him none of the documents produced by the complainant is executed by him. 3. Opposite party No.2 though appeared in person in response to the notice he neither filed any version nor adduced any evidence. 4. Complainant filed proof affidavit in support of his claim. Exts A1 to A12 marked on his side. Complainant cross-examined by the counsel for opposite party No.1. Both opposite parties did not adduce any evidence. Both sides heard and documents perused. 5. The points arise for consideration are: 1) Whether the complainant has deposited any amount with Opposite party No.1? 2) Whether there is any deficiency in service on the part of opposite parties? If so as to what relief? 6. Points Nos 1 & 2 : Ext.A1 is the agreement of deposit executed by the opposite party No.1 and complainant as 1st party and 2nd party respectively. As per Ext.A1 opposite party No.1 accepted 1,00,000/- rupees from the complainant for a term of 12 months with stipulation to pay 2,500/- rupees per month to the complainant. Ext.A2 is the cheque dated 1-8-08 for 1,00,000/- rupees issued by Managing Director of Everstar India Agro Industries Ltd to the complainant. Ext.A3 is it’s cheque return memo issued from SBT, Kasaragod stating the reason funds insufficient. Ext.A4 is another cheque dated 1-4-009 issued by Opposite party No.1` for 2,500/- rupees to the complainant. Ext.A5 is the cheque return memo issued from SBT, Kasaragod towards the return of cheque for want of insufficient funds in the account of the firm Everstar India Agro Industries Ltd. Ext.A6 is the extract of minutes of the Board of Directors of M/s Everstar India Agro Industries Ltd. Ext.A7 & A8 are the copies of correspondence made by the opposite party No.1 with Andra Bank, Kasaragod. Ext.A9 is a letter dated 30-07-2008 issued by opposite party No.1 to the complainant. Ext.A9 is an acknowledgement of debt executed by opposite party No.1. Exts A10 & A11 are Photostat copies of the news paper reports about the Firm of opposite party No.1. All the above documents produced make it abundantly clear that the opposite party No.1 had accepted deposit of 1,00,000/- rupees from the complainant for a period of one year with stipulation to pay a profit of 2,500/- rupees per month. 7. The non-refund of deposit even after the stipulated time amounts deficiency in service. 8. Relief & Costs The complainant deposited 1,00,000/- rupees for one year. The said amount ought to have been refunded on 1-8-2008. He was also entitled for 2,500/- rupees per mensum as his share till 1-8-2008. But there is no evidence to show that the complainant has not received the said share till 1-8-2008. Ext.A4 is dated 1-4-2009 is a subsequent date. That may be issued for the subsequent months after the promised date of refund of the deposit. Therefore it is clear that complainant received the offered profile of 2500/- rupees per month till that date. Therefore we cannot consider the said amount for computing compensation. We are of the considered view that an order for the refund of deposited amount with a conscionable interest would suffice to redress the grievance of the complainant. There is absolutely no incriminating evidence is adduced against opposite party No.2 to render him liable to pay any compensation. Therefore opposite party No.2 is exonerated from liabilities. Hence the complaint is allowed and opposite party No.1 is directed to refund 1,00,000/- rupees (Rupees one lakh only) to the complainant with interest @ 9% per annum from the date of complaint till payment and a cost of 3,000/- rupees. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which the opposite party No.1 shall be liable to pay interest @ 12% for 1,00,000/- rupees from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts A1. Agreement. A2. 1-8-08 Cheque amount of Rupees one lakh. A3. Memorandum of Cheque Returned A4.1-4-09 cheque amount of Rs. 2500/- A5.Memoranduum of Cheque Returned A6.28-6-07 Photocopy of the Extract of the Minutes of the Board of Directors of M/s Everstar Ijndia Agro Industries Ltd held on 15-6-2007. A7.Photocopy of Extract of the Minutes of the Board of Directors of M/s Everstar Ijndia Agro Industries Ltd held on 15th Hune 2007. A8. 28-6-07 copy of letter send by Opposite party No.1 to Andra Bank Kasaragod A9.30-7-08 letter sent by OP No.1 to Narayanan Nair and Seetharatna.K. A10 & A11. Paper cuttings relating to Ever Star India Agro Industries Ltd Published in Saudi Arabia and in Gulf News Paper. A12. 16-12-2009 Authorisation letter. PW1. Narayanan Nair MEMBER MEMBER PRESIDENT Pj/
| | HONORABLE P.P.Shymaladevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | HONORABLE P.Ramadevi, Member | | 
