Kerala

Wayanad

CC/99/2022

Souda, Mullappally House, 3rd Mile, Sulthan Bathery (PO), Pin:673592 - Complainant(s)

Versus

Vyga Dan Nidhi Ltd., IInd Floor, K.B Complex, Sulthan Bathery, Rep by Its Managing Director, Ramesh - Opp.Party(s)

Adv. K.V Prachod

17 Sep 2022

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/99/2022
( Date of Filing : 18 May 2022 )
 
1. Souda, Mullappally House, 3rd Mile, Sulthan Bathery (PO), Pin:673592
Sulthan Bathery
Wayanad
Kerala
...........Complainant(s)
Versus
1. Vyga Dan Nidhi Ltd., IInd Floor, K.B Complex, Sulthan Bathery, Rep by Its Managing Director, Ramesh Kochukkunnel, S/o Sivasankaran, Kochukunnel House, Mevada (PO), Meenachil
Meenachil
Kottayam
Kerala
2. Ramesh Kochukkunnel, S/o Sivasankaran, M.D Vyga Dhan Nidhi Ltd., Kochukunnel House, Mevada (PO), Meenachil-686573
Meenachil
Kottayam
Kerala
3. Sudhi Ramesh, S/o Ramesh, Director, Vyga Dhan Nidhi Ltd., Kochukunnel House, Mevada (PO), Meenachil-686573
Meenachil
Kottayam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ananthakrishnan. P.S PRESIDENT
 HON'BLE MRS. Beena M MEMBER
 HON'BLE MR. A.S Subhagan MEMBER
 
PRESENT:
 
Dated : 17 Sep 2022
Final Order / Judgement

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

  1.  Refund the deposit of  Rs.31,350/-  (Rupees Thirty One Thousand Three hundred and Fifty only) with  12% interest per annum,
  2. Pay compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) and
  3. 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.

 
 
[HON'BLE MR. Ananthakrishnan. P.S]
PRESIDENT
 
 
[HON'BLE MRS. Beena M]
MEMBER
 
 
[HON'BLE MR. A.S Subhagan]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.