By Sri. A. S. Subhagan, Member:
This is a complaint preferred under section 35 of the Consumer Protection Act 2019.
2. Facts of the complaint:- The 1st Opposite Party is a private Limited Company in the name and style “VAIGA DHAN NIDHI LTD”, the 2nd Opposite Party is its Managing Director and the 3rd Opposite Party is its Director. Things being so, the Opposite Party approached the Complainant and convinced her that if the Complainant makes daily deposit in their company they will give 12% interest per annum. Believing this, the Complainant made a total deposit of Rs.31,350/- from 01.02.2020 to 23.03.2021 in the 1st Opposite Party Company. In the meantime, from 25.03.2021, as the collection agent from the Opposite Party was not seen coming for collection, the Complainant approached the Opposite Parties and demanded the refund of the amounts deposited, together with interest. But, afterwards the Opposite Parties left away locking the institution. The acts of the Opposite Parties are deficiency in service and hence Opposite Parties are liable to refund the amounts received together with interest, to the Complainant. The acts of the Opposite Parties have resulted in huge loss and injury to the Complainant for which they are jointly and severally responsible. Hence this complaint with prayers to direct the Opposite Parties to refund Rs.31,350/- together with interest @ 12%, to pay Rs.50,000/- as compensation and to pay Rs.10,000/- towards cost of this complaint.
3. Notices were served on the Opposite Parties but they did not appear before the Commission and therefore they were set ex-parte.
4. Proof affidavit was filed by the Complainant, Ext.A1 was marked from her side and she was examined as PW1. In oral examination, the Complainant reiterated her allegation.
5. The contention of the Complainant is that she had made daily deposit totaling Rs.31,350/- from 01.12.2020 to 24.03.2021 with the 1st Opposite Party. No refund of it is seen noted in the Pass Book. So it is the conclusive evidence of the deposit and non refund of it together with interest to the Complainant by the Opposite Parties. No contra evidence is adduced by the Opposite Parties, as the Opposite Parties had not appeared before the Commission. Accepting deposits from the Complainant and leaving the place without refund of the amount is unfair trade practice/ deficiency in service. So there has been unfair trade practice/ deficiency in service on the part of the Opposite Parties for which the Opposite Parties are liable and responsible to refund the deposit with interest, pay compensation and cost of the Complaint to the Complainant.
In the result, the Complaint is allowed and the Opposite Parties are ordered to
- Refund the deposit of Rs.31,350/- (Rupees Thirty One Thousand Three hundred and Fifty only) with 12% interest per annum,
- Pay compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) and
- Pay cost of this Complaint Rs.5,000/- (Rupees Five Thousand only).
The above amounts shall be paid to the Complainant jointly and severally by
the Opposite Parties within one month from the date of this order, failing which the amounts will carry interest @ 8% per annum from the date of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Opposite Open Commission on this the 17th day of September 2022.
Date of Filing: 30.04.2022.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the complainant:
PW1. Souda M Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Pass Book.
Exhibits for the Opposite Party:
Nil.